Page 1147 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1135
Kanunları ve Tercümeleri
2;
(b) the warrant is sought in relation to premises specified in the application;
(c) the warrant is sought in relation to material, or material of a description, specified
in the application;
(d) that material, or material of that description, is believed to be on the premises.
(3) If the application states that the extradition of the person is sought under Part 1, the app-
lication must also state that the person is accused in a category 1 territory specified in the appli-
cation of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 64.
(4) If the application states that the extradition of the person is sought under Part 2, the app-
lication must also state that the person is accused in a category 2 territory specified in the appli-
cation of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 137.
(5) A search and seizure warrant is a warrant authorising a constable—
(a) to enter and search the premises specified in the application for the warrant, and
(b) to seize and retain any material found there which falls within subsection (6).
(6) Material falls within this subsection if—
(a) it would be likely to be admissible evidence at a trial in the relevant part of the
United Kingdom for the offence specified in the application for the warrant (on the assumption
that conduct constituting that offence would constitute an offence in that part of the United
Kingdom), and
(b) it does not consist of or include items subject to legal privilege, excluded material
or special procedure material.
(7) The relevant part of the United Kingdom is the part of the United Kingdom where the jus-
tice of the peace exercises jurisdiction.
(8) The requirements for the issue of a search and seizure warrant are that there are reasonable
grounds for believing that—
(a) the offence specified in the application has been committed by the person so spe-
cified;
(b) the person is in the United Kingdom or is on his way to the United Kingdom;
(c) the offence is an extradition offence within the meaning given by section 64 (if sub-