Sch. 5
- (b) recklessly makes a statement which is false or misleading in a material particular.
(2) A person guilty of an offence under sub-paragraph (1) shall be liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
- (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Urgent cases
15.—(1) A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 1 or 11.
(2) An order shall not be made under this paragraph unless the officer has reasonable grounds for believing—
- (a) that the case is one of great emergency, and
- (b) that immediate action is necessary.
(3) Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.
(4) A person commits an offence if he wilfully obstructs a search under this paragraph.
(5) A person guilty of an offence under sub-paragraph (4) 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.
16.—(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 he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 15.
(2) Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice under this paragraph as they apply to an order under paragraph 13.
(3) A person commits an offence if he fails to comply with a notice under this paragraph.
(4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.
(5) A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—
- (a) imprisonment for a term not exceeding six months,
- (b) a fine not exceeding level 5 on the standard scale, or
- (c) both.
Supplementary
17. For the purposes of sections 21 and 22 of the 1984 c. 60.Police and Criminal Evidence Act 1984 (seized material: access, copying and retention)—
- (a) a terrorist investigation shall be treated as an investigation of or in connection with an offence, and
- (b) material produced in pursuance of an order under paragraph 5 shall be treated as if it were material seized by a constable.
