Proceeding contribution from Lord Mackay of Clashfern (Conservative) in the House of Lords on Thursday, 9 October 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Counter-Terrorism Bill.
Counter-Terrorism Bill
As I understand Clause 4, it deals only with the removal of a document under Clause 1(2) and not with seizure. The only object for removing a document is so that it may be examined in another place; in other words, for some reason it is not suitable to examine it there and then and you have to take it somewhere else to have it examined. Therefore, when it says in Clause 4(3)(b), "““specify the object of the removal””," the only relevant object of the removal is for the document to be taken to another place for examination. At the moment I do not see any further scope for more than that. It does not have to say that the document will be useful on examination, because, apart from anything else, in some circumstances it would be impossible to tell that until you have examined the document. Therefore, if the policeman making the search thinks that the document requires to be examined further in a way that he cannot do there and then, it must be taken somewhere else. It is only after that that the question of seizure arises. Of course at that stage the question of whether the document will be useful in the progress of the investigation becomes relevant, but the results of the examination will be known by that time.
Secondary information
- Type
- Proceeding contribution
- Reference
- 704 c356
- Session
- 2007-08
- Chamber / Committee
- House of Lords chamber
- Subjects
- Disclosure of information Databases Codes of practice Crime prevention Administration of justice Arrests Assets Banks Fingerprints Evidence Intelligence services ICT Genetics Documents GCHQ National security Northern Ireland Police Powers Terrorism Training Right of search Torture Anti-terrorism control orders Freezing of assets
- Legislation
- Counter-terrorism Bill 2007-08
- Police and Criminal Evidence Act 1984
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2024-11-06 10:20:12 +0000
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