National Security Act 2023

Confidential material: search, seizure and retention U.K.

9 (1) A constable may apply to a judge for the issue of a warrant under this paragraph.

(2) The judge may grant the application if satisfied that an order made under paragraph 3 or 4 in relation to material on the relevant premises has not been complied with.

(3) The judge may also grant the application if satisfied that—

(a) conditions 1 to 5 are met, and

(b) in the case of an application for an all premises warrant, condition 6 is met.

(4) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

(5) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which—

(a) is likely to be evidence that a relevant act has been, or is about to be, committed,

(b) consists of or includes confidential material, and

(c) does not include items subject to legal privilege.

(6) Condition 3 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 an investigation into whether a relevant act has been, or is about to be, committed.

(7) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be obtained having regard to—

(a) the benefit likely to accrue to the investigation if the material is obtained, and

(b) the circumstances under which the person concerned has any of the material in their possession, custody or control.

(8) Condition 5 is that any of the following apply—

(a) it is not practicable to communicate with any person entitled to produce the material;

(b) it is not practicable to communicate with any person entitled to grant access to the material;

(c) the investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

(9) Condition 6 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched.

(10) A warrant under this paragraph is a warrant authorising any constable—

(a) to enter the relevant premises,

(b) to search the relevant premises and any person found there, and

(c) to seize and retain any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed.

(11) A warrant under this paragraph does not authorise—

(a) the seizure and retention of items subject to legal privilege, or

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

(12) In this paragraph the “relevant premises” are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Commencement Information

I1 Sch. 2 para. 9 not in force at Royal Assent, see 100(1)

I2 Sch. 2 para. 9 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)