SCHEDULES

SCHEDULE 5 Terrorist Investigations: Information

Part I England and Wales and Northern Ireland

Searches

C1C2C33

1

F1A constable may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area.

2

A constable F2may exercise the power in sub-paragraph (1) only if he considers it necessary by reason of urgency.

3

An authorisation under this paragraph shall authorise any constable—

a

to enter the premises specified in the authority,

b

to search the premises and any person found there, and

c

to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).

4

The powers under sub-paragraph (3)(a) and (b) may be exercised—

a

on one or more occasions, and

b

at any time during the period when the designation of the cordoned area under section 33 has effect.

5

An authorisation under this paragraph shall not authorise—

a

the seizure and retention of items subject to legal privilege;

b

a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

6

An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which—

a

is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

b

does not consist of or include excepted material.

7

A person commits an offence if he wilfully obstructs a search under this paragraph.

8

A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—

a

imprisonment for a term not exceeding three months,

b

a fine not exceeding level 4 on the standard scale, or

c

both.