Commentary on Sections Power to remove documents for examination Section 6 – Access to documents
28.Section 6 allows a person referred to in subsection (3), on request, to have supervised access to a document retained under the provisions of section 5 or to be given a copy of such a document (subsection (2)). This is subject however to the officer in charge of the investigation (defined in subsection (5)) being able to refuse such access or a copy on the grounds set out in subsection (4). The examination of a document under this power might not be part of an investigation into an offence (for example where the document was removed during the search of a terrorist suspect prior to arrest). This explains why the grounds in section 6(4)(a) are required. Subsection (4)(b) covers the investigation of an offence - for example the police may believe that providing access to or a copy of the document would tip off a person as to the documentation seized such that other evidence of the offence could be covered up. Subsection (4)(c) covers the prejudice of criminal proceedings. The ground in subsection (4)(d) is to cover for example a document which the officer has reasonable grounds to believe constitutes information useful to terrorists.