Counter-Terrorism Act 2008

6 Access 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.