14
The further conditions mentioned in paragraph 12 (a)(ii) above are—
(a)
that it is not practicable to communicate with any person entitled to grant entry to the premises . . . ;
(b)
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;
(c)
that the material contains information which—
(i)
is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above; and
(ii)
is likely to be disclosed in breach of it if a warrant is not issued;
(d)
that service of notice of an application for an order under paragraph 4 above may seriously prejudice the investigation.
Cases considering Schedule 1, paragraph 14 16
[2024] EWHC 861 (Admin) · 17 April 2024
Applies the second limb of the warrant test. The issuing court must be satisfied that service of notice of a production-order application may seriously prejudice the investigation. That condition was met because coordinated seizure was needed and notice created a significant risk of concealment or destruction. (see paras [50]; [68]; [100]; [142])
[2022] EWHC 2615 (Admin) · 18 October 2022Interprets
Interprets paragraph 14(d) as imposing a distinct requirement of judicial satisfaction that service of notice of a production-order application may seriously prejudice the investigation. The requirement was met on the evidence and application materials. (see paras [20]; [30]-[32])
[2020] EWHC 1588 (Admin) · 18 June 2020Interprets
Applies paragraph 14 as setting additional conditions for the issue of an intrusive search warrant. The relevant additional condition was addressed through paragraph 14(d) (see paras [10]-[13]).
Interprets the provision as requiring the judge personally to be satisfied that notice of a production-order application may seriously prejudice the investigation. The risk of dissipation, concealment or fabrication of evidence satisfied the condition (see paras [63], [68]-[69]).
What each judgment says about Schedule 1, paragraph 14 is in the case-law panel in the full Act.