TERRORISM (POLICE POWERS) ACT 2002 - SECT 25K Prevention of disclosure of criminal intelligence

TERRORISM (POLICE POWERS) ACT 2002 - SECT 25K

25K Prevention of disclosure of criminal intelligence

(1) In this section,
"criminal intelligence" means any report or other information whose disclosure--

(a) will have a prejudicial effect on the prevention, investigation or prosecution of an offence, or

(b) will result in the existence or identity of a confidential source of information relevant for law enforcement purposes being revealed or made discoverable, or

(c) will result in confidential investigative methods or techniques used by police or security agencies being revealed or discoverable, or

(d) will endanger a person's life or physical safety.

(2) The eligible Judge to whom an application for a detention warrant is made may, at the request of the applicant, determine that particular information provided in or in connection with the application is criminal intelligence.

(3) If the eligible Judge makes that determination--

(a) the information is not to be provided to the terrorism suspect, or to his or her legal representative, for the purpose of making representations to the eligible Judge about the application or other purpose and is to be excluded from the copy of any affidavit provided to the terrorism suspect or to his or her legal representative (but the terrorism suspect, or his or her legal representative, is to be informed that a determination under this section has been made), and

(b) the eligible Judge is to ensure that the information is not disclosed in the record made of the grounds relied on by the eligible Judge to justify the issue of or refusal to issue the detention warrant, or otherwise disclosed by the eligible Judge to any person, and

(c) the eligible Judge is, to the extent that the information was relied on as grounds to justify the issue of the detention warrant, to include a statement to that effect in the record made by the eligible Judge.

(4) If the eligible Judge refuses to make that determination--

(a) the applicant is entitled to withdraw the information as grounds for issuing the detention warrant, and

(b) the information so withdrawn is not to be disclosed to any person or taken into consideration by the eligible Judge in deciding whether to issue the detention warrant.