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(c) the order is sought in relation to material, or material of a description, | |
specified in the application; | |
(d) the material is special procedure material or excluded material; | |
(e) a person specified in the application appears to be in possession or | |
control of the material. | 5 |
(3) If the application states that the extradition of the person is sought under Part | |
1, the application must also state that the person is accused in a category 1 | |
territory specified in the application of the commission of an offence— | |
(a) which is specified in the application, and | |
(b) which is an extradition offence within the meaning given by section 63. | 10 |
(4) If the application states that the extradition of the person is sought under Part | |
2, the application must also state that the person is accused in a category 2 | |
territory specified in the application of the commission of an offence— | |
(a) which is specified in the application, and | |
(b) which is an extradition offence within the meaning given by section | 15 |
136. | |
(5) A production order is an order either— | |
(a) requiring the person the application for the order specifies as appearing | |
to be in possession or control of special procedure material or excluded | |
material to produce it to a constable (within the period stated in the | 20 |
order) for him to take away, or | |
(b) requiring that person to give a constable access to the special procedure | |
material or excluded material within the period stated in the order. | |
(6) The period stated in a production order must be a period of 7 days starting | |
with the day on which the order is made, unless it appears to the judge by | 25 |
whom the order is made that a longer period would be appropriate. | |
(7) Production orders have effect as if they were orders of the court. | |
(8) In this section “judge”— | |
(a) in England and Wales, means a circuit judge; | |
(b) in Northern Ireland, means a Crown Court judge. | 30 |
156 Requirements for making of production order | |
(1) These are the requirements for the making of a production order. | |
(2) There must be reasonable grounds for believing that— | |
(a) the offence specified in the application has been committed by the | |
person so specified; | 35 |
(b) the person is in the United Kingdom or is on his way to the United | |
Kingdom; | |
(c) the offence is an extradition offence within the meaning given by | |
section 63 (if section 155(3) applies) or section 136 (if section 155(4) | |
applies); | 40 |
(d) there is material which consists of or includes special procedure | |
material or excluded material on premises specified in the application; | |
(e) the material would be likely to be admissible evidence at a trial in the | |
relevant part of the United Kingdom for the offence specified in the | |
application (on the assumption that conduct constituting that offence | 45 |
would constitute an offence in that part of the United Kingdom). | |
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(3) The relevant part of the United Kingdom is the part of the United Kingdom | |
where the judge exercises jurisdiction. | |
(4) It must appear that other methods of obtaining the material— | |
(a) have been tried without success, or | |
(b) have not been tried because they were bound to fail. | 5 |
(5) It must be in the public interest that the material should be produced or that | |
access to it should be given. | |
157 Computer information | |
(1) This section applies if any of the special procedure material or excluded | |
material specified in an application for a production order consists of | 10 |
information stored in any electronic form. | |
(2) If the order is an order requiring a person to produce the material to a constable | |
for him to take away, it has effect as an order to produce the material in a | |
form— | |
(a) in which it can be taken away by him; | 15 |
(b) in which it is visible and legible or from which it can readily be | |
produced in a visible and legible form. | |
(3) If the order is an order requiring a person to give a constable access to the | |
material, it has effect as an order to give him access to the material in a form— | |
(a) in which it is visible and legible, or | 20 |
(b) from which it can readily be produced in a visible and legible form. | |
158 Warrants: special procedure material and excluded material | |
(1) A judge may, on an application made to him by a constable, issue a warrant | |
under this section if he is satisfied that— | |
(a) the requirements for the making of a production order are fulfilled, and | 25 |
(b) the further requirement for the issue of a warrant under this section is | |
fulfilled. | |
(2) The application for a warrant under this section must state that— | |
(a) the extradition of a person specified in the application is sought under | |
Part 1 or Part 2; | 30 |
(b) the warrant is sought in relation to premises specified in the | |
application; | |
(c) the warrant is sought in relation to material, or material of a | |
description, specified in the application; | |
(d) the material is special procedure material or excluded material. | 35 |
(3) If the application states that the extradition of the person is sought under Part | |
1, the application must also state that the person is accused in a category 1 | |
territory specified in the application of the commission of an offence— | |
(a) which is specified in the application, and | |
(b) which is an extradition offence within the meaning given by section 63. | 40 |
(4) If the application states that the extradition of the person is sought under Part | |
2, the application must also state that the person is accused in a category 2 | |
territory specified in the application of the commission of an offence— | |
(a) which is specified in the application, and | |
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(b) which is an extradition offence within the meaning given by section | |
136. | |
(5) A warrant under this section authorises a constable to enter and search the | |
premises specified in the application for the warrant and— | |
(a) to seize and retain any material found there which falls within | 5 |
subsection (6) and which is special procedure material, if the | |
application for the warrant states that the warrant is sought in relation | |
to special procedure material; | |
(b) to seize and retain any material found there which falls within | |
subsection (6) and which is excluded material, if the application for the | 10 |
warrant states that the warrant is sought in relation to excluded | |
material. | |
(6) Material falls within this subsection if it would be likely to be admissible | |
evidence at a trial in the relevant part of the United Kingdom for the offence | |
specified in the application for the warrant (on the assumption that conduct | 15 |
constituting that offence would constitute an offence in that part of the United | |
Kingdom). | |
(7) The relevant part of the United Kingdom is the part of the United Kingdom | |
where the judge exercises jurisdiction. | |
(8) The further requirement for the issue of a warrant under this section is that any | 20 |
of these conditions is satisfied— | |
(a) it is not practicable to communicate with a person entitled to grant | |
entry to the premises; | |
(b) it is practicable to communicate with a person entitled to grant entry to | |
the premises but it is not practicable to communicate with a person | 25 |
entitled to grant access to the material referred to in section 156(2)(d); | |
(c) the material contains information which is subject to a restriction on | |
disclosure or an obligation of secrecy contained in an enactment | |
(including one passed after this Act) and is likely to be disclosed in | |
breach of the restriction or obligation if a warrant is not issued. | 30 |
(9) In this section “judge”— | |
(a) in England and Wales, means a circuit judge; | |
(b) in Northern Ireland, means a Crown Court judge. | |
Search and seizure without warrant | |
159 Entry and search of premises for purposes of arrest | 35 |
(1) This section applies if a constable has power to arrest a person under an | |
extradition arrest power. | |
(2) A constable may enter and search any premises for the purpose of exercising | |
the power of arrest if he has reasonable grounds for believing that the person | |
is on the premises. | 40 |
(3) The power to search conferred by subsection (2) is exercisable only to the extent | |
that is reasonably required for the purpose of exercising the power of arrest. | |
(4) A constable who has entered premises in exercise of the power conferred by | |
subsection (2) may seize and retain anything which is on the premises if he has | |
reasonable grounds for believing— | 45 |
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(a) that it has been obtained in consequence of the commission of an | |
offence or it is evidence in relation to an offence, and | |
(b) that it is necessary to seize it in order to prevent it being concealed, lost, | |
damaged, altered or destroyed. | |
(5) An offence includes an offence committed outside the United Kingdom. | 5 |
(6) If the premises contain 2 or more separate dwellings, the power conferred by | |
subsection (2) is a power to enter and search only— | |
(a) any parts of the premises which the occupiers of any dwelling | |
comprised in the premises use in common with the occupiers of any | |
other dwelling comprised in the premises, and | 10 |
(b) any dwelling comprised in the premises in which the constable has | |
reasonable grounds for believing that the person may be. | |
160 Entry and search of premises on arrest | |
(1) This section applies if a person has been arrested under an extradition arrest | |
power at a place other than a police station. | 15 |
(2) A constable may enter and search any premises in which the person was at the | |
time of his arrest or immediately before his arrest if he has reasonable grounds | |
for believing that there is on the premises evidence (other than items subject to | |
legal privilege) relating to the relevant offence or to the identity of the person. | |
(3) The relevant offence is the offence— | 20 |
(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 | |
warrant; | |
(b) in respect of which the constable has reason to believe that a Part 1 | |
warrant has been or will be issued, if the arrest was under section 5; | |
(c) in respect of which extradition is requested, if the arrest was under a | 25 |
warrant issued under section 70; | |
(d) of which the person is accused or has been convicted, if the arrest was | |
under a provisional warrant. | |
(4) The power to search conferred by subsection (2)— | |
(a) is a power to search for evidence (other than items subject to legal | 30 |
privilege) relating to the relevant offence or evidence (other than items | |
subject to legal privilege) relating to the identity of the person; | |
(b) is exercisable only to the extent that is reasonably required for the | |
purpose of discovering such evidence. | |
(5) A constable may seize and retain anything for which he may search by virtue | 35 |
of subsection (4). | |
(6) A constable who has entered premises in exercise of the power conferred by | |
subsection (2) may seize and retain anything which is on the premises if he has | |
reasonable grounds for believing— | |
(a) that it has been obtained in consequence of the commission of an | 40 |
offence or it is evidence in relation to an offence, and | |
(b) that it is necessary to seize it in order to prevent it being concealed, lost, | |
damaged, altered or destroyed. | |
(7) An offence includes an offence committed outside the United Kingdom. | |
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|
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| |
(8) If the premises contain 2 or more separate dwellings, the power conferred by | |
subsection (2) is a power to enter and search only— | |
(a) any dwelling in which the arrest took place or in which the person was | |
immediately before his arrest, and | |
(b) any parts of the premises which the occupier of any such dwelling uses | 5 |
in common with the occupiers of any other dwelling comprised in the | |
premises. | |
161 Search of person on arrest | |
(1) This section applies if a person has been arrested under an extradition arrest | |
power at a place other than a police station. | 10 |
(2) A constable may search the person if he has reasonable grounds for believing | |
that the person may present a danger to himself or others. | |
(3) A constable may search the person if he has reasonable grounds for believing | |
that the person may have concealed on him anything— | |
(a) which he might use to assist him to escape from lawful custody; | 15 |
(b) which might be evidence relating to an offence or to the identity of the | |
person. | |
(4) The power to search conferred by subsection (3)— | |
(a) is a power to search for anything falling within paragraph (a) or (b) of | |
that subsection; | 20 |
(b) is exercisable only to the extent that is reasonably required for the | |
purpose of discovering such a thing. | |
(5) The powers conferred by subsections (2) and (3)— | |
(a) do not authorise a constable to require a person to remove any of his | |
clothing in public, other than an outer coat, jacket or gloves; | 25 |
(b) authorise a search of a person’s mouth. | |
(6) A constable searching a person in exercise of the power conferred by | |
subsection (2) may seize and retain anything he finds, if he has reasonable | |
grounds for believing that the person searched might use it to cause physical | |
injury to himself or to any other person. | 30 |
(7) A constable searching a person in exercise of the power conferred by | |
subsection (3) may seize and retain anything he finds if he has reasonable | |
grounds for believing— | |
(a) that the person might use it to assist him to escape from lawful custody; | |
(b) that it is evidence of an offence or of the identity of the person or has | 35 |
been obtained in consequence of the commission of an offence. | |
(8) An offence includes an offence committed outside the United Kingdom. | |
(9) Nothing in this section affects the power conferred by section 43 of the | |
Terrorism Act 2000 (c. 11). | |
162 Entry and search of premises after arrest | 40 |
(1) This section applies if a person has been arrested under an extradition arrest | |
power. | |
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(2) A constable may enter and search any premises occupied or controlled by the | |
person if the constable has reasonable grounds for suspecting that there is on | |
the premises evidence (other than items subject to legal privilege) relating to | |
the relevant offence or to the identity of the person. | |
(3) The relevant offence is the offence— | 5 |
(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 | |
warrant; | |
(b) in respect of which the constable has reason to believe that a Part 1 | |
warrant has been or will be issued, if the arrest was under section 5; | |
(c) in respect of which extradition is requested, if the arrest was under a | 10 |
warrant issued under section 70; | |
(d) of which the person is accused or has been convicted, if the arrest was | |
under a provisional warrant. | |
(4) The power to search conferred by subsection (2)— | |
(a) is a power to search for evidence (other than items subject to legal | 15 |
privilege) relating to the relevant offence or evidence (other than items | |
subject to legal privilege) relating to the identity of the person; | |
(b) is exercisable only to the extent that is reasonably required for the | |
purpose of discovering such evidence. | |
(5) A constable may seize and retain anything for which he may search by virtue | 20 |
of subsection (4). | |
(6) A constable who has entered premises in exercise of the power conferred by | |
subsection (2) may seize and retain anything which is on the premises if he has | |
reasonable grounds for believing— | |
(a) that it has been obtained in consequence of the commission of an | 25 |
offence or it is evidence in relation to an offence, and | |
(b) that it is necessary to seize it in order to prevent it being concealed, lost, | |
damaged, altered or destroyed. | |
(7) An offence includes an offence committed outside the United Kingdom. | |
(8) The powers conferred by subsections (2) and (5) may be exercised only if a | 30 |
police officer of the rank of inspector or above has given written authorisation | |
for their exercise. | |
(9) But the power conferred by subsection (2) may be exercised without | |
authorisation under subsection (8) if— | |
(a) it is exercised before the person arrested is taken to a police station, and | 35 |
(b) the presence of the person at a place other than a police station is | |
necessary for the effective exercise of the power to search. | |
(10) Subsections (8) and (9) do not apply to Scotland. | |
163 Additional seizure powers | |
(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows. | 40 |
(2) In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act | |
applies) at the end add— | |
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