s.12Authority for a search pursuant to a request
12
Section 12Part 0 —

Authority for a search pursuant to a request

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Where, pursuant to a request, the Authority considers it necessary to enter and search any premises, the Authority shall direct a constable to apply to the Grand Court for a warrant in relation to specified premises.
On an application made under subsection (1), the court may issue a warrant authorising a constable to enter and search premises if it is satisfied that —
an order made under section 11(2) in relation to material on the premises has not been complied with;
the conditions in subsection (3) are fulfilled; or
the conditions in subsection (4) are fulfilled.
The conditions referred to in paragraph (b) of subsection (2) are that —
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from an offence to which this Act applies;
the conditions in paragraphs (a) and (b) of section 11(4) are fulfilled in relation to any material on the premises; and
it would not be appropriate to make an order under section 11 in relation to the material because —
it is not practicable to communicate with any person entitled to produce the material;
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
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.
The conditions referred to in paragraph (c) of subsection (2) are that there are reasonable grounds for suspecting that —
a specific person has carried on or has benefited from an offence to which this Act applies;
there is on the premises material relating to the specified person or to an offence to which this Act applies which is likely to be of substantial value (whether by itself or together with other material) to the request for the purpose of which the application is made, but that the material cannot at the time be particularised; and
it is not practicable to communicate with any person entitled to grant entry to the premises;
entry to the premises will not be granted unless a warrant is produced; or
the request 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.
Where a constable has entered premises in the execution of a warrant under this section, that constable 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 purposes of which the warrant was issued.
Any documents or other written information seized under an order by virtue of this section shall be brought immediately to the Authority to be dealt with according to the Law or the Convention.

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