Police and Criminal Evidence Act 1984, Schedule 1, paragraph 12

Issue of warrants by circuit judge

SCHEDULE 1 Special Procedure

12 If on an application made by a constable a circuit judge—

(a) is satisfied—

(i) that either set of access conditions is fulfilled; and

(ii) that any of the further conditions set out in paragraph 14 below is also fulfilled [F889in relation to each set of premises specified in the applicationF889] ; or

(b) is satisfied—

(i) that the second set of access conditions is fulfilled; and

(ii) that an order under paragraph 4 above relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises[F890 or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”) F890] .

Definitions used in Schedule 1, paragraph 12 1

premises

“premises” has the meaning assigned to it by section 23 above;

Defined in s.118(1) · see it in the full Act

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any offshore installation;

(ba)

any renewable energy installation;

(c)

any tent or movable structure; . . .

Defined in s.23 · see it in the full Act

Cases considering Schedule 1, paragraph 12 18

LXP, R (on the application of) v Central Criminal Court

[2023] EWHC 2824 (Admin) · 10 November 2023

Applies as the warrant route where notice of a paragraph 4 production-order application may seriously prejudice the investigation. Closed material may form part of such an application (see paras [43]; [69]; [73]).

Jonathan Edward Peter Tipper & Ors, R (on the application of) v The Crown Court at Birmingham

[2022] EWHC 2615 (Admin) · 18 October 2022

Applies paragraph 12 as requiring satisfaction of the access conditions and at least one further condition before a search warrant may issue. (see paras [18]-[20])

Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors

[2020] EWHC 1640 (Admin) · 24 June 2020

Paragraph 12 was the principal statutory basis for the search-warrant application. The court held that the warrant challenge did not cross the threshold of arguability. (see paras [28], [78]-[91])

What each judgment says about Schedule 1, paragraph 12 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F889Words in Sch. 1 para. 12(a)(ii) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(13)(a), 178; S.I. 2005/3495, art. 2(1)(n)
  2. F890Words in Sch. 1 para. 12 inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(13)(b), 178; S.I. 2005/3495, art. 2(1)(n)