Police and Criminal Evidence Act 1984, Schedule 1, paragraph 3

Making of orders by circuit judge

SCHEDULE 1 Special Procedure

3 The second set of access conditions is fulfilled if—

(a) there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application [F881, 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);F881]

(b) but for section 9(2) above a search of [F882such premisesF882] for that material could have been authorised by the issue of a warrant to a constable under an enactment other than this Schedule; and

(c) the issue of such a warrant would have been appropriate.

Definitions used in Schedule 1, paragraph 3 2

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

Cases considering Schedule 1, paragraph 3 6

R v Crown Court at St Albans and another

[2018] UKSC 1 · 24 January 2018Limits

The paragraph contributes to the conditions governing a production order for special procedure material and was used to contrast that regime with the section 8 procedure. (see para [34])

R v The Commissioner of Police of the Metropolis

[2014] UKSC 17 · 12 March 2014

The court set out the second access conditions concerning excluded or special procedure material and the availability and appropriateness of a warrant but for section 9(2). (see paras [13]; [15])

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

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

Applies as part of the route by which a constable may obtain access to excluded material for a criminal investigation, subject to the statutory conditions (see para [41]).

1 more judgment, and what each says about Schedule 1, paragraph 3, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F881Words in Sch. 1 para. 3(a) 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)
  2. F882Words in Sch. 1 para. 3(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(12), 178; S.I. 2005/3495, art. 2(1)(n)