HL Deb 05 July 1995 vol 565 cc1178-9

82 After Clause 76, insert the following clause:

Authority for search

'.—(1) The procurator fiscal may, for the purpose of an investigation into whether a person has benefited from the commission of an offence to which this Chapter applies and as to the amount of that benefit, apply to the sheriff for a warrant under this section in relation to specified premises.

(2) On such application the sheriff may issue a warrant authorising a constable to enter and search the premises if the sheriff is satisfied—

  1. (a) that an order made under section (Order to make material available) of this Act in relation to material on the premises has not been complied with; or
  2. (b) that the conditions in subsection (3) below are fulfilled; or
  3. (c) that the conditions in subsection (4) below are fulfilled.

(3) The conditions referred to in subsection (2) (b) above are—

  1. (a) that there are reasonable grounds for suspecting that a specified person has benefited from the commission of an offence to which this Chapter applies; and
  2. (b) that the conditions in section (Order to make material available) (4) (b) and (c) of this Act are fulfilled in relation to any material on the premises; and
  3. (c) that it would not be appropriate to make an order under that section in relation to the material because—
    1. (i) it is not practicable to communicate with any person entitled to produce the material; or
    2. (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or
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    3. (iii) the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

(4) The conditions referred to in subsection (2) (c) above are—

  1. (a) that there are reasonable grounds for suspecting that a specified person has benefited from the commission of an offence to which this Chapter applies: and
  2. (b) that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person, or to the question whether that person has so benefited or the amount of that benefit, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and
  3. (c) that—
    1. (i) it is not practicable to communicate with any person entitled to grant entry to the premises; or
    2. (ii) entry to the premises will not be granted unless a warrant is produced; or
    3. (iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.

(5) Where a constable has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

(6) Subsection (10) of section (Order to make material available) of this Act shall apply for the purposes of this section as it applies for the purposes of that section.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 82.

Moved, that the House do agree with the Commons in their Amendment No. 82.—(Lord Fraser of Carmyllie.)