Page:Mutual Assistance in Criminal Matters Act 2000.pdf/25

Rh Supplementary provisions regarding production orders

23.—(1) Where a court orders a person under section 22 to give an authorised officer access to any thing on any premises, it may, on the same or a subsequent application of an authorised officer, order any person who appears to him to be entitled to grant entry to the premises to allow an authorised officer to enter the premises to obtain access to the thing.

(2) Where any material to which an order under section 22 relates consists of information contained in or accessible by means of any data equipment—
 * (a) an order under section 22 (3) (a) shall have effect as an order to produce the material in a form which can be taken away and which is visible and legible; and
 * (b) an order under section 22 (3) (b) shall have effect as an order to give access to the material in a form which is visible and legible.

(3) A person is not excused from producing or making available any thing by an order under section 22 on the ground that—
 * (a) the production or making available of the thing might tend to incriminate the person or make the person liable to a penalty; or
 * (b) the production or making available of the thing would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence of the contents of the thing.

(4) An order under section 22—
 * (a) shall not confer any right to the production of, or of access to, items subject to legal privilege; and
 * (b) shall have effect notwithstanding any obligations as to secrecy or other restrictions upon the disclosure of information imposed by statute or otherwise.

(5) An authorised officer may photograph or make copies of any thing produced or to which access is granted pursuant to an order made under section 22.

(6) Where an authorised officer takes possession of any thing under an order made under section 22 or takes any photograph or makes any copy of the thing pursuant to subsection (5), he may retain