Legalize / United Kingdom / Public General Act

National Security Act 2023

Type Public General Act

Publication 2023-07-11

Last updated 2025-07-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

An order under paragraph 3 or 4 has effect as if it were an order of the court.

Confidential material: search, seizure and retention

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

(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;

(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”).

Explanations

10

(1) A constable may apply to a judge for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

(a) seized under a warrant under paragraph 2 or 9, or

(b) produced or made available to a constable under paragraph 3 or 4.

(2) An application for an order under this paragraph may be made without notice to a judge in chambers.

(3) An order under this paragraph may not require any person to disclose any information which they would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(4) But a lawyer may be required to provide the name and address of their client.

(5) A statement by a person in response to a requirement imposed by an order under this paragraph—

(a) may be made orally or in writing, and

(b) may be used in evidence against the person only on a prosecution for an offence under paragraph 11.

(6) An order under this paragraph has effect as if it were an order of the court.

11

(1) A person commits an offence if, in purported compliance with an order under paragraph 10, they—

(a) make a statement which they know to be false or misleading in a material particular, or

(b) recklessly make a statement which is false or misleading in a material particular.

(2) A person who commits an offence under sub-paragraph (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both),

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

Urgent cases

12

(1) A police officer of at least the rank of superintendent may by a written order signed by them give to any constable the authority which may be given by—

(a) a warrant under paragraph 2, or

(b) a warrant under paragraph 9,

but subject to sub-paragraph (2).

(2) An order under this paragraph giving the authority which may be given by a warrant under paragraph 9 does not authorise a constable to retain confidential journalistic material.

(3) An officer may not make an order under this paragraph unless the officer —

(a) is satisfied as mentioned in paragraph 2 (2) or paragraph 9 (2) or (3) (as the case may be), and

(b) has reasonable grounds for believing that the case is one of great emergency and that immediate action is necessary.

(4) Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Secretary of State.

(5) A person who wilfully obstructs a search under this paragraph commits an offence.

(6) A person who commits an offence under sub-paragraph (5) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

13

(1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 12 giving the authority which may be given by a warrant under paragraph 9.

(2) A constable may apply to a 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 there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

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

(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 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 is—

(a) returned to the person from whom it was seized, or

(b) destroyed.

14

(1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 12.

(2) Paragraph 10 (3) to (5) and paragraph 11 apply to a notice under this paragraph as they apply to an order under paragraph 10.

(3) A person who fails to comply with a notice under this paragraph commits an offence.

(4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure.

(5) A person is taken to have shown that they had a reasonable excuse for their failure if—

(a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(6) A person guilty of an offence under sub-paragraph (3) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Application of PACE

15

(1) For the purposes of the provisions mentioned in sub-paragraph (2)—

(a) an investigation into whether a relevant act has been, or is about to be, committed is to be treated as an investigation into, or in connection with, an offence, and

(b) material produced in pursuance of an order under paragraph 3 or 4 is to be treated as if it were material seized by a constable.

(2) The provisions are—

(a) sections 21 and 22 of the Police and Criminal Evidence Act 1984;

(b) Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(seized material: access, copying and retention).

Procedure rules

16

(1) Criminal Procedure Rules may make provision about proceedings in England and Wales relating to a warrant or order under this Part of this Schedule (other than an order under paragraph 12).

(2) Crown Court rules and magistrates’ courts rules may make provision about proceedings in Northern Ireland relating to a warrant or order under this Part of this Schedule (other than an order under paragraph 12).

(3) The provision which may be made by virtue of this paragraph includes in particular provision about the variation or discharge of an order.

Interpretation

17

(1) This paragraph applies for the interpretation of this Part of this Schedule.

(2) “Confidential material” means—

(a) confidential journalistic material, and

(b) protected material.

(3) “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).

(4) “Protected material”—

(a) in relation to England and Wales, means—

(i) items subject to legal privilege,

(ii) material falling within section 11(1)(a) or (b) of the Police and Criminal Evidence Act 1984 (certain personal records, human tissue or tissue fluid held in confidence), or

(iii) material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);

(b) in relation to Northern Ireland, means—

(i) items subject to legal privilege;

(ii) material falling with Article 13(1)(a) or (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (certain personal records, human tissue or tissue fluid held in confidence), or

(iii) material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).

(5) “Items subject to legal privilege”—

(a) in relation to England and Wales, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984;

(b) in relation to Northern Ireland, has the meaning given by Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(6) “Judge”—

(a) in relation to England and Wales, means a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in relation to Northern Ireland, means a judge of the Crown Court.

Part 2 — Scotland

Introductory

18

(1) This Part of this Schedule applies in Scotland.

(2) In this Part of this Schedule “relevant act” means—

(a) an offence under this Part of this Act, other than an offence under—

(i) section 5 (unauthorised entry to a prohibited place);

(ii) section 6 (prohibited place: failure to comply with order of constable);

(iii) section 11 (cordoned area: failure to comply with order of constable);

(iv) this Schedule;

(v) Schedule 3 (disclosure orders);

(vi) Schedule 4 (customer information orders);

(b) an act or threat within section 33 (3)(b) or (c).

Production orders

19

(1) The procurator fiscal may apply to a sheriff for an order under this paragraph.

(2) The sheriff may grant the application if satisfied that conditions 1 to 4 are met.

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

(4) Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which is likely to be evidence that a relevant act has been, or is about to be, committed.

(5) 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.

(6) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given 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.

(7) An order under this paragraph is an order that the person specified in the application must do any of the following—

(a) produce to a constable within a specified period for seizure and retention any material which the person has in their possession, custody or control and to which the application relates;

(b) give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

(c) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period specified under paragraph (a) or (b).

(8) The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

(9) Where the sheriff makes an order under sub-paragraph (7)(b) in relation to material on any premises, they may, on the application of the procurator fiscal, order any person who appears to them to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

20

(1) The procurator fiscal may apply to a sheriff for an order under this paragraph.

(2) The sheriff may grant the application if satisfied that conditions 1 to 5 are met.

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

(4) Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which is evidence that a relevant act has been, or is about to be, committed.

(5) Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates.

(6) Condition 4 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 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given 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 is likely to have any of the material in their possession, custody or control.

(8) An order under this paragraph is an order that the person specified in the application must do any of the following—

(a) notify a named constable as soon as reasonably practicable after any material to which the application relates comes into the person’s possession, custody or control;

(b) produce to a constable within a specified period for seizure and retention any material to which the application relates which comes into the person’s possession, custody or control;

(d) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period of 28 days beginning with the date of the order.

(9) The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

(10) Where the sheriff makes an order under sub-paragraph (8)(c) in relation to material on any premises, they may, on the application of the procurator fiscal, order any person who appears to them to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

Production orders: supplementary

21

An application for an order under paragraph 19 or 20 may be made without notice to a sheriff in chambers.

22

(1) An order under paragraph 19 or 20 has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.

(2) Where the material consists of information stored in electronic form—

(a) an order under paragraph 19 (7)(a) or 20 (8)(b) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and

(b) an order under paragraph 19 (7)(b) or 20 (8)(c) has effect as an order to give a constable access to the material in a form in which it is visible and legible.

23

(1) An order under paragraph 19 or 20 may be made in relation to material in the possession, custody or control of a government department.

(2) Where an order is made by virtue of sub-paragraph (1)—

(a) it is to be served as if the proceedings were civil proceedings against the department, and

(b) it may require any officer of the department, whether named in the order or not, who may for the time being have in their possession, custody or control the material concerned, to comply with the order.

(3) In this paragraph “government department” means—

(a) a public department within the meaning of the Crown Suits (Scotland) Act 1857, and

(b) any part of the Scottish Administration.

24

(1) Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, provision may be made by the High Court of Justiciary by Act of Adjournal as to—

(a) the recall and variation of orders under paragraph 19 or 20; and

(b) proceedings relating to such orders.

(2) The following provisions have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1)—

(a) an order under paragraph 19 or 20 may be recalled or varied by a sheriff on a written application made to the sheriff by any person subject to the order;

(b) unless the sheriff otherwise directs on grounds of urgency, the applicant must, not less than 48 hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order was made.

Search, seizure and retention

25

(1) The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.

(2) The sheriff may grant the application if satisfied that an order made under paragraph 19 or 20 in relation to material on the relevant premises has not been complied with.

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

(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;

(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) 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”).

Explanations

26

(1) The procurator fiscal may apply to a sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

(a) seized under a warrant under paragraph 25, or

(b) produced or made available to a constable under paragraph 19 or 20.

(2) An application for an order under this paragraph may be made without notice to a sheriff in chambers.

(3) Without prejudice to paragraph 30, an order under this paragraph may require a lawyer to provide the name and address of their client.

(4) A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against the person—

(a) on a prosecution for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995, or

(b) on a prosecution for some other offence where in giving evidence they make a statement inconsistent with it.

(5) Paragraphs 23 and 24 apply to orders under this paragraph as they apply to orders made under paragraph 19 or 20.

Urgent cases

27

(1) A police officer of at least the rank of superintendent may by a written order signed by them give to any constable the authority which may be given by a warrant under paragraph 25 (subject to sub-paragraph (2)).

(2) An order under this paragraph does not authorise a constable to retain confidential journalistic material.

(3) An officer may not make an order under this paragraph unless the officer—

(a) is satisfied as mentioned in paragraph 25 (2) or (3), and

(b) has reasonable grounds for believing that the case is one of great emergency and that immediate action is necessary.

(4) Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Secretary of State.

(5) A person who wilfully obstructs a search under this paragraph commits an offence.

(6) A person who commits an offence under sub-paragraph (5) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(7) “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).

28

(1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 27.

(2) The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.

(3) An application under sub-paragraph (2) must be made as soon as reasonably practicable.

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

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

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

(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 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 sheriff 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 sheriff may direct that the material is—

(a) returned to the person from whom it was seized, or

(b) destroyed.

(11) “Confidential journalistic material” has the same meaning as in paragraph 27.

29

(1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 27.

(2) Paragraph 26 (3) and (4) apply to a notice under this paragraph as they apply to an order under that paragraph.

(3) A person who fails to comply with a notice under this paragraph commits an offence.

(4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure.

(5) A person is taken to have shown that they had a reasonable excuse for their failure if—

(a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(6) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Supplementary

30

(1) This Part of this Schedule is without prejudice to any rule of law under which—

(a) communications between a professional legal adviser and their client, or

(b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

are in legal proceedings protected from disclosure on the ground of confidentiality.

(2) For the purpose of exercising any powers conferred on them under this Part of this Schedule a constable may, if necessary, open lockfast places on premises which they are entitled to enter in pursuance of an order under paragraph 19 or 20, a warrant under paragraph 25 or an order under paragraph 27.

(3) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

Schedule 3

Part 1 — England and Wales and Northern Ireland

Introductory

1

(1) This Part of this Schedule applies in England and Wales and Northern Ireland.

(2) “Relevant investigation” means an investigation into the identification of relevant property or its movement or use.

(3) “Relevant property” means—

(a) money or other property which is likely to be used for the purposes of foreign power threat activity, or

(b) proceeds of involvement in foreign power threat activity.

(4) The reference to proceeds of involvement in foreign power threat activity includes a reference to any money, other property or benefit in money’s worth, which wholly or partly, and directly or indirectly, represents the proceeds of the involvement (including payments or rewards in connection with the involvement).

(5) “Appropriate officer” means—

(a) a constable, or

(b) a National Crime Agency officer.

Disclosure orders

2

(1) An appropriate officer may apply to a judge for a disclosure order.

(2) The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation.

(3) The judge may grant the application if satisfied that conditions 1 to 3 are met.

(4) Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property.

(5) Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation.

(6) Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

(7) A disclosure order is an order authorising an appropriate officer to give to any person the officer considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation—

(a) answer questions, either at a time specified in the notice or at once, at a place so specified;

(b) provide information specified in the notice, by a time and in a manner so specified;

(c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

(8) “Relevant information” means information (whether or not contained in a document) which the appropriate officer considers to be relevant to the investigation.

(9) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.

(10) An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.

Supplementary provision

3

(1) A disclosure order does not confer the right to require a person—

(a) to answer any question,

(b) to provide any information, or

which the person would be entitled to refuse to answer, provide or produce on grounds of legal professional privilege in proceedings in the High Court.

(2) But a lawyer may be required to provide the name and address of a client.

(3) A disclosure order does not confer the right to require a person to produce excluded material.

(4) A disclosure order has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise.

(5) An appropriate officer may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.

(6) The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.

(7) But if an appropriate officer has reasonable grounds for believing that—

(a) the documents may need to be produced for the purposes of any legal proceedings, and

(b) they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

(8) An appropriate officer may retain documents under sub-paragraph (7) only if the officer is a senior officer or is authorised to do so by a senior officer.

Applications

4

An application for a disclosure order may be made without notice to a judge in chambers.

Discharge or variation

5

(1) An application to discharge or vary a disclosure order may be made to the Crown Court by—

(a) the person who applied for the order;

(b) any person affected by the order.

(2) If the application for the disclosure order was made by a constable, an application to discharge or vary the order may be made by a different constable.

(3) If the application for the disclosure order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer.

(4) An appropriate officer may not make an application to discharge or vary a disclosure order unless the officer is a senior officer or is authorised to do so by a senior officer.

(5) The Crown Court may—

(a) discharge the order;

(b) vary the order.

Rules of court

6

Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to disclosure orders.

Offences

7

(1) A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order.

(2) A person guilty of an offence under sub-paragraph (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(3) A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person—

(a) makes a statement which the person knows to be false or misleading in a material particular, or

(b) recklessly makes a statement which is false or misleading in a material particular.

(4) A person guilty of an offence under sub-paragraph (3) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

Monitoring measure

8

(1) A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings.

(2) Sub-paragraph (1) does not apply on a prosecution for—

(a) an offence under paragraph 7 (3),

(b) an offence under section 5 of the Perjury Act 1911 or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or

(c) some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used against a person by virtue of sub-paragraph (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

Interpretation

9

(1) This paragraph applies for the interpretation of this Part of this Schedule.

(2) “Disclosure order” has the meaning given by paragraph 2.

(3) “Judge” means—

(a) in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in relation to Northern Ireland, a judge of the Crown Court.

(4) “Senior officer” means—

(a) a constable of at least the rank of superintendent;

(b) the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.

(5) “Document” means anything in which information of any description is recorded.

(6) “Excluded material”—

(a) in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;

(b) in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(7) The terms defined in paragraph 1 have the meanings given in that paragraph.

Part 2 — Scotland

Introductory

10

(1) This Part of this Schedule applies in Scotland.

(2) In this Part of this Schedule “relevant investigation” and “relevant property” have the same meaning as in Part 1 of this Schedule.

Disclosure orders

11

(1) The Lord Advocate may apply to the High Court of Justiciary for a disclosure order.

(2) The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation.

(3) The court may grant the application if satisfied that conditions 1 to 3 are met.

(4) Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property.

(5) Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation.

(6) Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

(7) A disclosure order is an order authorising the Lord Advocate to give to any person the Lord Advocate considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation—

(a) answer questions, either at a time specified in the notice or at once, at a place so specified;

(b) provide information specified in the notice, by a time and in a manner so specified;

(c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

(8) “Relevant information” means information (whether or not contained in a document) which the Lord Advocate considers to be relevant to the investigation.

(9) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.

Application

12

(1) A disclosure order does not confer the right to require a person—

(a) to answer any question,

(b) to provide any information, or

which the person would be entitled to refuse to answer, provide or produce in legal proceedings on grounds of confidentiality of communications.

(2) A disclosure order has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.

(3) The Lord Advocate may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.

(4) The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.

(5) But if the Lord Advocate has reasonable grounds for believing that—

(a) the documents may need to be produced for the purposes of any legal proceedings, and

(b) they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

Applications

13

An application for a disclosure order may be made without notice to a judge of the High Court of Justiciary.

Discharge or variation

14

(1) An application to discharge or vary a disclosure order may be made to the High Court of Justiciary by—

(a) the Lord Advocate;

(b) any person affected by the order.

(2) The High Court of Justiciary may—

(a) discharge the order;

(b) vary the order.

Rules of court

15

(1) Provision may be made in rules of court as to the discharge and variation of disclosure orders.

(2) Rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.

Offences

16

(1) A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order.

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(3) A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person—

(a) makes a statement which the person knows to be false or misleading in a material particular, or

(b) recklessly makes a statement which is false or misleading in a material particular.

(4) A person guilty of an offence under sub-paragraph (3) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

Statements

17

(1) A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings.

(2) Sub-paragraph (1) does not apply on a prosecution for—

(a) an offence under paragraph 16 (3),

(b) perjury, or

(c) some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used against a person by virtue of sub-paragraph (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

Interpretation

18

(1) This paragraph applies for the interpretation of this Part of this Schedule.

(2) “Disclosure order” has the meaning given by paragraph 11.

(3) “Document” means anything in which information of any description is recorded.

Schedule 4

Customer information orders

1

(1) An appropriate officer may apply to a judge for a customer information order.

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

(a) the order is sought for the purposes of an investigation into foreign power threat activity, and

(b) the order will enhance the effectiveness of the investigation.

(3) “Appropriate officer” means—

(a) in relation to England and Wales or Northern Ireland, a constable or a National Crime Agency officer;

(b) in relation to Scotland, the procurator fiscal.

(4) The application must state that—

(a) a person specified in the application is subject to an investigation within sub-paragraph (2)(a) and the order is sought for the purposes of the investigation;

(b) the order is sought against the financial institution or financial institutions specified in the application.

(5) The application may specify—

(a) all financial institutions,

(b) a particular description, or particular descriptions, of financial institutions, or

(6) A customer information order is an order authorising an appropriate officer to give to a financial institution covered by the application notice in writing requiring it to provide any customer information it has relating to the person specified in the application.

(7) The financial institution must provide the information at or by the time, and in a manner, specified in the notice.

(8) A financial institution is not bound to comply with a requirement imposed by a notice given under a customer information order unless evidence of authority to give the notice is produced.

(9) An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.

(10) Sub-paragraph (9) does not apply in relation to Scotland.

Supplementary provision

2

A customer information order has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.

Applications

3

An application for a customer information order may be made without notice to a judge in chambers.

Discharge or variation

4

(1) An application to discharge or vary a customer information order may be made to the court by—

(a) the person who applied for the order;

(b) any person affected by the order.

(2) If the application for the customer information order was made by a constable, an application to discharge or vary the order may be made by a different constable.

(3) If the application for the customer information order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer.

(4) An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.

(5) Sub-paragraph (4) does not apply in relation to Scotland.

(6) The court may—

(a) discharge the order;

(b) vary the order.

Rules of court

5

(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to customer information orders.

(2) In Scotland rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.

Offences

6

(1) A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a customer information order.

(2) A person guilty of an offence under sub-paragraph (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

(c) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Statements

7

(1) A statement made by a person in response to a requirement imposed under a customer information order may not be used in evidence against them in criminal proceedings.

(2) Sub-paragraph (1) does not apply on a prosecution for an offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used against a person by virtue of sub-paragraph (2) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

Interpretation

8

(1) This paragraph applies for the interpretation of this Schedule.

(2) “Appropriate officer” has the meaning given by paragraph 1 (3).

(3) “The court” means—

(a) in relation to England and Wales or Northern Ireland, the Crown Court;

(b) in relation to Scotland, the sheriff.

(4) “Customer information”—

(a) in relation to England and Wales or Northern Ireland, has the meaning given by section 364 of the Proceeds of Crime Act 2002;

(b) in relation to Scotland, has the meaning given by section 398 of that Act.

(5) “Financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).

(6) “Judge” means—

(a) in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in relation to Northern Ireland, a judge of the Crown Court;

(7) “Senior officer” means—

(a) a constable of at least the rank of superintendent;

(b) the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.

Schedule 5

Account monitoring orders

1

(1) An appropriate officer may apply to a judge for an account monitoring order.

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

(a) the order is sought for the purposes of an investigation into foreign power threat activity, and

(b) the order will enhance the effectiveness of the investigation.

(3) “Appropriate officer” means—

(a) in relation to England and Wales or Northern Ireland, a constable or a National Crime Agency officer;

(b) in relation to Scotland, the procurator fiscal.

(4) The application must state that the order is sought against the financial institution specified in the application in relation to information which—

(a) relates to an account or accounts held at the institution by the person specified in the application (whether solely or jointly with another), and

(b) is of the description so specified.

(5) The application may specify information relating to—

(a) all accounts held by the person specified in the application at the financial institution so specified,

(b) a particular description, or particular descriptions, of accounts so held, or

(6) An account monitoring order is an order that the financial institution specified in the application must—

(a) for the period specified in the order,

(b) in the manner so specified,

(d) at the place or places so specified,

provide information of the description specified in the application to an appropriate officer.

(7) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Applications

2

An application for an account monitoring order may be made without notice to a judge in chambers.

Discharge or variation

3

(1) An application to discharge or vary an account monitoring order may be made to the court by—

(a) the person who applied for the order;

(b) any person affected by the order.

(2) If the application for the account monitoring order was made by a constable, an application to discharge or vary the order may be made by a different constable.

(3) If the application for the account monitoring order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer.

(4) The court may—

(a) discharge the order;

(b) vary the order.

Rules of court

4

(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders.

(2) In Scotland rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.

Effect of orders

5

(1) In England and Wales and Northern Ireland, an account monitoring order has effect as if it were an order of the court.

(2) An account monitoring order has effect in spite of any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.

Statements

6

(1) A statement made by a person in response to an account monitoring order may not be used in evidence against them in criminal proceedings.

(2) But sub-paragraph (1) does not apply—

(a) in the case of proceedings for contempt of court;

(b) on a prosecution for an offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used against a person by virtue of sub-paragraph (2)(b) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

Interpretation

7

(1) This paragraph applies for the interpretation of this Schedule.

(2) “Appropriate officer” has the meaning given by paragraph 1 (3).

(3) “The court” means—

(a) in relation to England and Wales or Northern Ireland, the Crown Court;

(b) in relation to Scotland, the sheriff.

(4) “Financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).

(5) “Judge” means—

(a) in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in relation to Northern Ireland, a judge of the Crown Court;

Schedule 6

Part 1 — Treatment of persons detained under section 27

Place of detention

1

(1) The Secretary of State may designate places at which persons may be detained under section 27.

(2) The power in sub-paragraph (1) may be exercised only in relation to land or a building in the United Kingdom which is owned or controlled by a police force.

(3) In this Schedule a reference to a police station includes a reference to any place which the Secretary of State has designated under sub-paragraph (1) as a place where a person may be detained under section 27.

(4) A constable who arrests a person under section 27 must take the person as soon as is reasonably practicable to the police station which the constable considers the most appropriate.

(5) Where a person is arrested under section 27 in one part of the United Kingdom and some or all of the person’s detention under that section takes place in another part, the provisions of this Schedule which apply to detention in a particular part of the United Kingdom apply in relation to the person while detained in that part.

(6) In this paragraph—

“building” includes any part of a building;

“police force” has the same meaning as in paragraph 28.

Identification

2

(1) An authorised person may take any steps which are reasonably necessary for—

(a) photographing the detained person,

(b) measuring the detained person, or

(2) In sub-paragraph (1) “authorised person” means any of the following—

(a) a constable;

(b) a prison officer;

(3) This paragraph does not confer the power to take—

(a) fingerprints, non-intimate samples or intimate samples (see instead paragraphs 10 to 14 below), or

(b) relevant physical data or samples as mentioned in section 18 of the Criminal Procedure (Scotland) Act 1995, as applied by paragraph 18 below.

Persons exercising public functions

3

(1) This paragraph applies to any interview by a constable of a detained person that takes place in a police station.

(2) The Secretary of State must—

(a) issue a code of practice about the video recording of interviews to which this paragraph applies, and

(b) make regulations requiring the video recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).

(3) Regulations under sub-paragraph (2) must state that the video recording is to be with sound.

(4) A code of practice under this paragraph—

(a) may make provision in relation to a particular part of the United Kingdom, and

(b) may make different provision for different parts of the United Kingdom.

(5) The failure by a constable to observe a provision of a code does not of itself make the constable liable to criminal or civil proceedings.

(6) A code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(7) The Secretary of State may revise a code and issue the revised code.

4

(1) Before issuing a code of practice under paragraph 3, the Secretary of State must—

(a) publish a draft code,

(b) consider any representations made about the draft, and

(2) The Secretary of State must lay a draft of the code before Parliament.

(3) After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations.

(4) Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code.

Status

5

A detained person is to be treated as being in legal custody throughout the period of the person’s detention.

Part 2 — Rights of persons detained under section 27: England, Wales and Northern Ireland

Right to have named person informed of detention

6

(1) Subject to paragraph 9, a person detained under section 27 at a place in England, Wales or Northern Ireland is entitled, if the person so requests, to have one named person informed as soon as is reasonably practicable that the person is being detained there.

(2) The person named must be—

(a) a friend of the detained person,

(b) a relative of the detained person, or

(3) A detained person must be informed of the right under this paragraph on first being detained.

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