Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/47

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42c. 11
Terrorism Act 2000

Part VII

(a) may seize any explosive found in the course of a search under this section unless it appears to him that it is being, has been and will be used only for a lawful purpose, and
(b) may retain and, if necessary, destroy it.

(5) In this section “explosives inspector” means an inspector appointed under section 53 of the 1875 c. 17.Explosives Act 1875.

Unlawfully detained persons. 86.—(1) If an officer reasonably believes that a person is unlawfully detained in such circumstances that his life is in danger, the officer may enter any premises for the purpose of ascertaining whether the person is detained there.

(2) In this section “officer” means—

(a) a member of Her Majesty’s forces on duty, or
(b) a constable.

(3) A dwelling may be entered under subsection (1) only by—

(a) a member of Her Majesty’s forces authorised for the purpose by a commissioned officer of those forces, or
(b) a constable authorised for the purpose by an officer of the Royal Ulster Constabulary of at least the rank of inspector.

Examination of documents. 87.—(1) A member of Her Majesty’s forces or a constable who performs a search under a provision of this Part—

(a) may examine any document or record found in order to ascertain whether it contains information of the kind mentioned in section 58(1)(a) or 103(1)(a), and
(b) if necessary or expedient for the purpose of paragraph (a), may remove the document or record to another place and retain it there until the examination is completed.

(2) Subsection (1) shall not permit a person to examine a document or record if he has reasonable cause to believe that it is an item subject to legal privilege (within the meaning of the S.I. 1989/1341 (N.I. 12).Police and Criminal Evidence (Northern Ireland) Order 1989).

(3) Subject to subsections (4) and (5), a document or record may not be retained by virtue of subsection (1)(b) for more than 48 hours.

(4) An officer of the Royal Ulster Constabulary who is of at least the rank of chief inspector may authorise a constable to retain a document or record for a further period or periods.

(5) Subsection (4) does not permit the retention of a document or record after the end of the period of 96 hours beginning with the time when it was removed for examination under subsection (1)(b).

(6) A person who wilfully obstructs a member of Her Majesty’s forces or a constable in the exercise of a power conferred by this section commits an offence.

(7) A person guilty of an offence under subsection (6) shall be liable—

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