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Search of Premises in Terrorism Investigations

Terrorism Act 2000, Sch.5

  • Warrant: Yes
  • Force: Yes
  • Notice: No

Schedule 5 to the Terrorism Act 2000 provides for search warrants and production orders in terrorism investigations. A constable may apply to a justice of the peace for a warrant to search premises for material that is likely to be of substantial value to a terrorism investigation.

Conditions

  • Application made to a justice of the peace by a superintendent or more senior officer
  • Reasonable grounds to believe material on the premises likely to be of substantial value to a terrorism investigation
  • It is not reasonably practicable to communicate with a person entitled to grant access
  • Entry would not be granted without a warrant, or the purpose of the search would be frustrated without immediate entry

Limitations

  • Legally privileged material cannot be seized
  • Excluded material (as defined in PACE) can be seized under Schedule 5 terrorism warrants, unlike s.8 PACE
  • All-premises warrants are available in terrorism investigations
  • Must be a superintendent or above to apply

Last updated 1 April 2026