Page 1150 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1138
Uluslararası Adli İşbirliği
(d) there is material which consists of or includes special procedure material or exclu-
ded material on premises specified in the application;
(e) the material 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 (on the assumption that con-
duct constituting that offence would constitute an offence in that part of the United Kingdom).
(3) The relevant part of the United Kingdom is the part of the United Kingdom where the jud-
ge exercises jurisdiction.
(4) It must appear that other methods of obtaining the material—
(a) have been tried without success, or
(b) have not been tried because they were bound to fail.
(5) It must be in the public interest that the material should be produced or that access to it
should be given.
159- Computer information
(1) This section applies if any of the special procedure material or excluded material specified
in an application for a production order consists of information stored in any electronic form.
(2) If the order is an order requiring a person to produce the material to a constable for him to
take away, it has effect as an order to produce the material in a form—
(a) in which it can be taken away by him;
(b) in which it is visible and legible or from which it can readily be produced in a visible
and legible form.
(3) If the order is an order requiring a person to give a constable access to the material, it has
effect as an order to give him access to the material in a form—
(a) in which it is visible and legible, or
(b) from which it can readily be produced in a visible and legible form.
160- Warrants: special procedure material and excluded material
(1) A judge may, on an application made to him by a constable, issue a warrant under this
section if he is satisfied that—
(a) the requirements for the making of a production order are fulfilled, and
(b) the further requirement for the issue of a warrant under this section is fulfilled.