SCHEDULES

SCHEDULE 5 Terrorist Investigations: Information

Part I England and Wales and Northern Ireland

Urgent cases

F115A

1

This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 15 giving the authority which may be given by a search warrant under paragraph 11.

2

A constable may apply to a Circuit judge for the issue of a warrant under this paragraph.

3

An application under sub-paragraph (2) must be made as soon as reasonably practicable after the material is seized.

4

The judge may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.

5

Condition 1 is that the warrant is sought for the purposes of a terrorist investigation.

6

Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to a terrorist investigation.

7

Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the terrorist investigation if the material is retained.

8

A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.

9

A warrant under this paragraph may impose conditions on the retention and use of the material.

10

If the judge does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the judge may direct that the material isβ€”

a

returned to the person from whom it was seized, or

b

destroyed.

11

β€œConfidential journalistic material” has the same meaning as in paragraph 15.