Sch. 5
- (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 or entitled to grant entry to the premises on which the material is situated, or
- (c) the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.
Explanations
30.—(1) The procurator fiscal may apply to the sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of any material—
- (a) seized in pursuance of a warrant under paragraph 28, or
- (b) produced or made available to a constable under paragraph 22.
(2) Without prejudice to paragraph 33(1), an order under this paragraph may require a lawyer to provide the name and address of his client.
(3) A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against him—
- (a) on a prosecution for an offence under section 2 of the 1933 c. 20.False Oaths (Scotland) Act 1933, or
- (b) on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
(4) Paragraphs 26 and 27 shall apply to orders under this paragraph as they apply to orders under paragraph 22.
Urgent cases
31.—(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 28.
(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.
32.—(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 22.
(2) Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under this paragraph as they apply to an order under that paragraph.
(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) is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.
