Police and Criminal Evidence Act 1984, Schedule 1, paragraph 2

Making of orders by circuit judge

SCHEDULE 1 Special Procedure

2 The first set of access conditions is fulfilled if—

(a) there are reasonable grounds for believing—

(i) that [F879an indictable offenceF879] has been committed;

(ii) that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application [F880, or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);F880]

(iii) that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and

(iv) that the material is likely to be relevant evidence;

(b) other methods of obtaining the material—

(i) have been tried without success; or

(ii) have not been tried because it appeared that they were bound to fail; and

(c) it is in the public interest, having regard—

(i) to the benefit likely to accrue to the investigation if the material is obtained; and

(ii) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

Definitions used in Schedule 1, paragraph 2 3

special procedure material

(1) In this Act “special procedure material” means—

(a)material to which subsection (2) below applies; and

(b)journalistic material, other than excluded material.

Defined in s.14(1) · see it in the full Act
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
relevant evidence

(4) In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

Defined in s.8(4) · see it in the full Act

Cases considering Schedule 1, paragraph 2 25

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 2024Interprets

Interprets the first limb of the warrant test. The applicant must genuinely believe, on cogent grounds, that no lesser measure is likely to secure the relevant material; the belief is assessed at the time of application. (see paras [68]-[73])

WFZ v The BBC

[2024] EWHC 376 (KB) · 19 February 2024Interprets

Explains that the statutory conditions include reasonable grounds concerning an indictable offence, the existence and relevance of the material, unsuccessful or futile alternative methods, and the public interest. Those matters could be assessed only on a properly evidenced PACE application, not speculatively under CPR 32.12 (see paras [28]; [52]).

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

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

Applies the first set of access conditions, including reasonable grounds, relevance and substantial value, the failure or likely failure of other methods, and the public-interest requirement. (see paras [18]-[20]; [30])

5 more judgments, and what each says about Schedule 1, paragraph 2, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F879Words in Sch. 1 para. 2(a)(i) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(13); S.I. 2005/3495, art. 2(1)(m)
  2. F880Words in Sch. 1 para. 2(a)(ii) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(11), 178; S.I. 2005/3495, art. 2(1)(n)