Schedules
Schedule 6Detention under section 27
Part 6Extension of detention under section 27
I1I242Information
1
A person who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which the person intends to rely be withheld from—
a
the person to whom the application relates, and
b
anyone representing the person.
2
Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed—
a
evidence of an offence under any of the provisions mentioned in section 33(3)(a) would be interfered with or harmed,
b
evidence of an offence under section 18 would be interfered with or harmed,
c
the recovery of property obtained as a result of an offence under any of those provisions would be hindered,
d
the apprehension, prosecution or conviction of a person who is suspected of being involved in foreign power threat activity would be made more difficult as a result of the person being alerted,
e
the prevention of foreign power threat activity would be made more difficult as a result of a person being alerted,
f
the gathering of information about the commission, preparation or instigation of foreign power threat activity would be interfered with, or
g
a person would be interfered with or physically injured.
3
A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—
a
the detained person has benefited from their criminal conduct, and
b
the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.
4
For the purposes of sub-paragraph (3) the question whether a person has benefited from their criminal conduct is to be decided in accordance with Part 2, 3 or 4 of the Proceeds of Crime Act 2002.
5
The judicial authority may direct that the following be excluded from the hearing of the application under this paragraph—
a
the person to whom the application for a warrant relates, and
b
anyone representing that person.