Page:Police and Criminal Evidence Act 1984.pdf/118

112c. 60

5. Where the material consists of information contained in a computer—
 * (a) an order under paragraph 4(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
 * (b) an order under paragraph 4(b) above shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.

6. For the purposes of sections 21 and 22 above material produced in pursuance of an order under paragraph 4(a) above shall be treated as if it were material seized by a constable. Notices of applications for orders 7. An application for an order under paragraph 4 above shall be made inter partes.

8. Notice of an application for such an order may be served on a person either by delivering it to him or by leaving it at his proper address or by sending it by post to him in a registered letter or by the recorded delivery service.

9. Such a notice may be served—
 * (a) on a body corporate, by serving it on the body’s secretary or clerk or other similar officer; and
 * (b) on a partnership, by serving it on one of the partners.

10. For the purposes of this Schedule, and of section 7 of the Interpretation Act 1978 in its application to this Schedule, the proper address of a person, in the case of secretary or clerk or other similar officer of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

11. Where notice of an application for an order under paragraph 4 above has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which application relates except—
 * (a) with the leave of a judge; or
 * (b) with the written permission of a constable,

until—
 * (i) the application is dismissed or abandoned; or
 * (ii) he has complied with an order under paragraph 4 above made on the application.

Issue of warrants by circuit judge 12. If on an application made by a constable a circuit judge—
 * (a) is satisfied—
 * (i) that either set of access conditions is fulfilled; and
 * (ii) that any of the further conditions set out in paragraph 14 below is also fulfilled; or