OpenLegislation

Paragraph 2

Original text. Later amendments are not shown.

The first set of access conditions is fulfilled if—

(a)

there are reasonable grounds for believing—

(i)

that an offence to which section 5 applies 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;

(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.