Police and Criminal Evidence Act 1984, Schedule 1, paragraph 14

Issue of warrants by circuit judge

SCHEDULE 1 Special Procedure

14 The further conditions mentioned in paragraph 12 (a)(ii) above are—

(a)F892 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.

Definitions used in Schedule 1, paragraph 14 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 14 16

MCML Limited (Formerly ED&F Man Capital Markets Limited) & Anor, R (on the application of) v Southwark Crown Court

[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])

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

[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])

Ashbolt & Anor v Revenue & Customs & Anor

[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.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F892Words in Sch. 1 para. 14(a) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(15), 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(n)(t)(u)(xxiv)