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 , 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);
(b)
but for section 9(2) above a search of such premises 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.
Cases considering Schedule 1, paragraph 3 6
[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])
[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])
[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.