Paragraph 2 I1

United Kingdom Not yet in force

The first set of access conditions is fulfilled if—

(a)

there are reasonable grounds for believing—

(i)

that a relevant offence has been committed;

(ii)

that on relevant residential premises specified in the application there is material which consists of special procedure material or includes special procedure material and does not also include excluded material;

(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.

Annotations

Commencement

I1: Sch. 1 para. 2 in force at 31.10.2009, see art. 1