Page:Computer Misuse Act 1990.pdf/11

Rh 14.—(1) Where a circuit judge is satisfied by information on oath given by a constable that there are reasonable grounds for believing—
 * (a) that an offence under section 1 above has been or is about to be committed in any premises; and
 * (b) that evidence that such an offence has been or is about to be committed is in those premises;

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2) The power conferred by subsection (1) above does not extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (privileged, excluded and special procedure material).

(3) A warrant under this section—
 * (a) may authorise persons to accompany any constable executing the warrant; and
 * (b) remains in force for twenty-eight days from the date of its issue.

(4) In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that an offence under section 1 above has been or is about to be committed.

(5) In this section “premises” includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft.

(6) This section does not extend to Scotland.

15. The offence to which an Order in Council under section 2 of the Extradition Act 1870 can apply shall include—
 * (a) offence under section 2 or 3 above;
 * (b) any conspiracy to commit such an offence; and
 * (c) any attempt to commit an offence under section 3 above.

16.—(1) The following provisions of this section have effect for applying this Act in relation to Northern Ireland with the modifications there mentioned.

(2) In section 2(2)(b)—
 * (a) the reference to England and Wales shall be read as a reference to Northern Ireland; and
 * (b) the reference to section 33 of the Magistrates’ Courts Act 1980 shall be read as a reference to Article 46(4) of the Magistrates’ Courts (Northern Ireland) Order 1981.

(3) The reference in section 3(6) to the Criminal Damage Act 1971 shall be read as a reference to the Criminal Damage (Northern Ireland) Order 1977.

(4) Subsections (5) to (7) below apply in substitution for subsections (1) to (3) of section 7; and any reference in subsection (4) of that section to England and Wales shall be read as a reference to Northern Ireland.

(5) The following paragraphs shall be inserted after paragraph (1) of Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983—