Police and Criminal Evidence Act 1984, section 14

Meaning of “special procedure material”

Part II Powers of Entry, Search and Seizure

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

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

(b)journalistic material, other than excluded material.

(2)Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—

(a)acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and

(b)holds it subject—

(i)to an express or implied undertaking to hold it in confidence; or

(ii)to a restriction or obligation such as is mentioned in section 11(2)(b) above.

(3)Where material is acquired—

(a)by an employee from his employer and in the course of his employment; or

(b)by a company from an associated company,

it is only special procedure material if it was special procedure material immediately before the acquisition.

(4)Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.

(5)Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.

(6)A company is to be treated as another’s associated company for the purposes of this section if it would be so treated under [F46section 449 of the Corporation Tax Act 2010F46] .

Definitions used in section 14 2

journalistic material

(1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.

Defined in s.13(1) · see it in the full Act
items subject to legal privilege

(1) Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a)communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b)communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c)items enclosed with or referred to in such communications and made—

(i)in connection with the giving of legal advice; or

(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

Defined in s.10(1) · see it in the full Act

Cases considering section 14 27

Miranda, R (on the application of) v Secretary of State for the Home Department & Ors

[2016] EWCA Civ 6 · 19 January 2016Defines

The Court used section 14 to identify special procedure material for the comparison with Schedule 5 and PACE safeguards. (see para [86]) The Court treated non-excluded journalistic material as special procedure material, attracting the additional procedural protections described at paragraph 116. (see para [86])

F & Ors, R (On the Application Of) v Blackfriars Crown Court & Anor

[2014] EWHC 1541 (Admin) · 15 April 2014Defines

Section 14(2) defines special procedure material as material acquired or created in a trade, business, profession or office and held subject to an express or implied undertaking of confidence, subject to the statutory exclusions. (see paras [7]-[8])

Cheema & Ors v Nottingham and Newark Magistrates Court & Anor

[2013] EWHC 3790 (Admin) · 11 December 2013

Applies the statutory concept of special procedure material in assessing the challenge to the warrant. (see paras [23], [56]-[60]) Applies the definition of special procedure material and holds that the claimants had identified no evidence beyond speculation that the searched records were held confidentially for third parties. (see paras [58]-[60])

7 more judgments, and what each says about section 14, are in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F46Words in s. 14(6) substituted (1.4.2010 with effect as mentioned in s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 1177, 1184(1), Sch. 1 para. 193 (with Sch. 2)

Modifications

  1. C55Ss. 10-14 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(w), Sch.
  2. C56Ss. 10-14 applied in part (with modifications) (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 7, 109(1), Sch. 1 (with ss. 72, 105); S.I. 2026/371, reg. 2(a)
  3. C57Ss. 10-14 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(w), Sch. paras. 1-10