Police and Criminal Evidence Act 1984, section 9

Special provisions as to access

Part II Powers of Entry, Search and Seizure

(1)A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.

(2)Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—

(a)for items subject to legal privilege; or

(b)for excluded material; or

(c)for special procedure material consisting of documents or records other than documents.

[F45 (2A)Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a circuit judge under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).F45]

Definitions used in section 9 4

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
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
document

“document” means anything in which information of any description is recorded. ;

Defined in s.118(1) · see it in the full Act

Cases considering section 9 48

R v The Commissioner of Police of the Metropolis

[2014] UKSC 17 · 12 March 2014Interprets

Section 9 replaces pre-existing search powers for excluded or special procedure material with the Schedule 1 application procedure. An application concerning confidential journalistic material engages substantive rights and must comply with the statutory inter partes safeguard. (see paras [11]; [29]-[32]) The second set of access conditions required consideration of whether, but for section 9(2), a search could have been authorised under another enactment and whether a warrant would have been appropriate. (see para [15])

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

[2016] EWCA Civ 6 · 19 January 2016

The Court contrasted Schedule 7 with the court-based production-order protection under section 9 and Schedule 1 for journalistic material. (see para [116])

Panesar & Ors v HM Revenue and Customs

[2014] EWCA Civ 1613 · 15 December 2014Interprets

The section imposes additional controls on access to special procedure material while retaining the principal warrant conditions. Proceedings relating to orders under it are criminal in character because they aid a criminal investigation (see paras [5]; [15]-[20]).

28 more judgments, and what each says about section 9, are in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F45S. 9(2A) inserted (1.8.2001) by 2001 c. 16, s. 86(1); S.I. 2001/2223, art. 3(e)

Modifications

  1. C44Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
  2. C45S. 9 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  3. C46S. 9 applied (with modifications) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(1)(3), Sch. (with regs. 4-8)
  4. C47S. 9 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(e), Sch. paras. 1-10
  5. C48S. 9(1) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(a); S.I. 2002/2750, art. 2(a)(ii)(d)
  6. C49S. 9(1) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  7. C50S. 9(1) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  8. C51S. 9(1) 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(e), Sch.
  9. C52S. 9(1) applied (with modifications) (1.5.2025) by The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025 (S.I. 2025/300), regs. 1(1), 2-6
  10. C53S. 9(1) applied (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)
  11. C54S. 9(2) extended by Cinemas Act 1985 (c. 13, SIF 45A), s. 13(8)