Schedules

Schedule 6U.K.Detention under section 27

Part 6U.K.Extension of detention under section 27

InformationU.K.

42(1)A person who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which the person intends to rely be withheld from—

(a)the person to whom the application relates, and

(b)anyone representing the person.

(2)Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed—

(a)evidence of an offence under any of the provisions mentioned in section 33(3)(a) would be interfered with or harmed,

(b)evidence of an offence under section 18 would be interfered with or harmed,

(c)the recovery of property obtained as a result of an offence under any of those provisions would be hindered,

(d)the apprehension, prosecution or conviction of a person who is suspected of being involved in foreign power threat activity would be made more difficult as a result of the person being alerted,

(e)the prevention of foreign power threat activity would be made more difficult as a result of a person being alerted,

(f)the gathering of information about the commission, preparation or instigation of foreign power threat activity would be interfered with, or

(g)a person would be interfered with or physically injured.

(3)A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—

(a)the detained person has benefited from their criminal conduct, and

(b)the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.

(4)For the purposes of sub-paragraph (3) the question whether a person has benefited from their criminal conduct is to be decided in accordance with Part 2, 3 or 4 of the Proceeds of Crime Act 2002.

(5)The judicial authority may direct that the following be excluded from the hearing of the application under this paragraph—

(a)the person to whom the application for a warrant relates, and

(b)anyone representing that person.