Full legislation
s.87
Procedure in relation to sealed material
(1) A person from whom journalistic material has been seized pursuant to a warrant issued under section 85 , other than a warrant to which subsection (7) of that section applies, or a person claiming to be the owner of such material, may within 3 days of such seizure apply to the court from which the warrant was issued for an order under subsection (2). (2) On an application under subsection (1), unless the judge is satisfied that it would be in the public interest that the material be made use of for the purposes of the investigation, he shall order that the material be immediately returned to the person from whom it was seized; and in making a determination under this subsection the judge shall have regard to, among other things, the circumstances under which the material was being held at the time of its seizure. (3) If on an application under subsection (1) the judge determines not to grant an order under subsection (2), or where no application has been made under subsection (1) within the period specified in that subsection, the material may be unsealed. (4) For the purpose of determining an application under subsection (1) a judge may require the person who seized the material to produce it to the judge for examination by him. (5) An application for an order under subsection (1) shall be made inter partes.