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s 74BW

Effect and operation of order

In force
Part 16AAccess to data held electronically

74BW Effect and operation of order

(1)

A person who is served with an order under this Part commits an offence if the person, without reasonable excuse, contravenes or fails to comply with the order.

Maximum penalty: Imprisonment for 5 years.

(2)

A person is not excused from complying with an order on the ground that to do so may result in information being provided that might incriminate the person.

(3)

Despite any other Act or law, evidence or information relating to a child exploitation offence obtained by the lawful exercise of powers pursuant to an order under this Part made in relation to such an offence, and evidence or information relating to a child exploitation offence obtained incidentally to such an exercise of powers—

(a)

may be used by law enforcement and prosecution authorities for the purposes of investigating and prosecuting any child exploitation offence; and

(b)

is not inadmissible in proceedings before a court in relation to a child exploitation offence merely because the order under this Part was obtained in relation to a different child exploitation offence.

(3a)

Despite any other Act or law, evidence or information relating to an offence against section 37A of the Firearms

Act 2015 obtained by the lawful exercise of powers pursuant to an order under this Part made in relation to such an offence, and evidence or information relating to an offence against section 37A of the

Firearms

Act 2015 obtained incidentally to such an exercise of powers—

(a)

may be used by law enforcement and prosecution authorities for the purposes of investigating and prosecuting any offence against section 37A of the Firearms

Act 2015;

and

(b)

is not inadmissible in proceedings before a court in relation to an offence against section 37A of the Firearms

Act 2015 merely because the order under this Part was obtained in respect of a different offence against that section.

(4)

A police officer may be assisted by such other persons in the exercise of powers pursuant to an order under this Part as the officer considers necessary in the circumstances.

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