Page 1148 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
section (3) applies) or section 137 (if subsection (4) applies);
(d) there is material on premises specified in the application which falls within subsec-
tion (6);
(e) any of the conditions referred to in subsection (9) is satisfied.
(9) The conditions are—
(a) that it is not practicable to communicate with a person entitled to Grant entry to
the premises;
(b) that it is practicable to communicate with a person entitled to Grant entry to the
premises but it is not practicable to communicate with a person entitled to grant access to the
material referred to in subsection (8)(d);
(c) that entry to the premises will not be granted unless a warrant is produced;
(d) that the purpose of a searchmay be frustrated or seriously prejudiced unless a cons-
table arriving at the premises can secure immediate entry to them.
(10) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsections (1) and (7) for “justice of the peace” substitute “sheriff”;
(b) in subsection (1) for “constable” substitute “procurator fiscal”;
(c) for “search and seizure warrant” substitute “warrant to search”;
(d) in subsection (6)(b) omit the words “, excluded material or special procedure mate-
rial”;
(e) subsections (8)(e) and (9) are omitted.
157- Production orders
(1) A judge may, on an application made to him by a constable, make a production order if he
is satisfied that the requirements for the making of a production order are fulfilled.
(2) The application for a production order must state that—
(a) the extradition of a person specified in the application is sought under Part 1 or Part
2;
(b) the order is sought in relation to premises specified in the application;
(c) the order is sought in relation to material, or material of a description, specified in
the application;
(d) the material is special procedure material or excluded material;
(e) a person specified in the application appears to be in possession or control of the
material.
(3) If the application states that the extradition of the person is sought under Part 1, the app-