Part 1Powers to gather and share information
Power to remove documents for examination
6Access to documents
1
Where—
a
a document is retained by virtue of section 5, and
b
a request for access to the document is made to the officer in charge of the investigation by a person within subsection (3),
the officer must grant that person access to the document, under the supervision of a constable, subject to subsection (4).
2
Where—
a
a document is retained by virtue of section 5, and
b
a request for a copy of the document is made to the officer in charge of the investigation by a person within subsection (3),
that person must be provided with a copy of the document within a reasonable time from the making of the request, subject to subsection (4).
3
The persons entitled to make a request under subsection (1) or (2) are—
a
where the document was found in the course of a search of a person, that person,
b
where the document was found in the course of a search of any premises—
i
the occupier of the premises when it was found, and
ii
any person who had custody or control of the document when it was found, and
c
a person acting on behalf of a person within paragraph (a) or (b).
4
The officer in charge of the investigation may refuse access to the document, or (as the case may be) refuse to provide a copy of it, if the officer has reasonable grounds for believing that to do so—
a
would prejudice any investigation for the purposes of which—
i
the original search was carried out, or
ii
the document was removed or is being retained,
b
would prejudice the investigation of any offence,
c
would prejudice any criminal proceedings that may be brought as the result of an investigation within paragraph (a) or (b), or
d
would facilitate the commission of an offence.
5
In this section—
“the officer in charge of the investigation” means the officer in charge of the investigation for the purposes of which the document is being retained; and
“the original search” means the search in the course of which the document was removed.