Schedules
C1Schedule 2Powers of entry, search and seizure
Part 1England and Wales and Northern Ireland
I1I214Urgent cases
1
If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 12.
2
3
A person who fails to comply with a notice under this paragraph commits an offence.
4
It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure.
5
A person is taken to have shown that they had a reasonable excuse for their failure if—
a
sufficient evidence of that fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
6
A person guilty of an offence under sub-paragraph (3) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
b
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
Sch. 2 applied (20.12.2023) by 1989 c. 6, s. 11(3) (as substituted by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 6(3)(a) (with s. 97); S.I. 2023/1272, reg. 2(f))