Rule 47.30 Application for warrant under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984I1

England and Wales

(1)

This rule applies where an applicant wants a Circuit judge to issue a warrant or warrants under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984^f1.

(2)

As well as complying with rule 47.26, the application must—

(a)

specify the offence under investigation (and see paragraph (3)(a));

(b)

specify the set of access conditions on which the applicant relies (and see paragraphs (3) and (4));

(c)

so far as practicable, identify the material sought and if that material may be stored in an electronic device or devices—

(i)

so far as practicable, describe each device or kind of device sought, and

(ii)

explain the grounds for believing that the material may be stored there;

(d)

specify the premises to be searched (and see paragraphs (6) and (7)); and

(e)

state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (8)).

(3)

Where the applicant relies on paragraph 2 of Schedule 1 to the Police and Criminal Evidence Act 1984^f2 (‘the first set of access conditions’: general power to gain access to special procedure material), the application must—

(a)

specify the indictable offence under investigation;

(b)

explain the grounds for believing that the offence has been committed;

(c)

explain the grounds for believing that the material sought—

(i)

is likely to be of substantial value to the investigation (whether by itself, or together with other material),

(ii)

is likely to be admissible evidence at trial for the offence under investigation, and

(iii)

does not consist of or include items subject to legal privilege or excluded material;

(d)

explain what other methods of obtaining the material—

(i)

have been tried without success, or

(ii)

have not been tried because they appeared bound to fail; and

(e)

explain why it is in the public interest to obtain the material, having regard to—

(i)

the benefit likely to accrue to the investigation if the material is obtained, and

(ii)

the circumstances under which the material is held.

(4)

Where the applicant relies on paragraph 3 of Schedule 1 to the Police and Criminal Evidence Act 1984^f3 (‘the second set of access conditions’: use of search warrant power to gain access to excluded or special procedure material), the application must—

(a)

state the legislation under which a search warrant could have been issued, had the material sought not been excluded or special procedure material (in this paragraph, described as ‘the main search power’);

(b)

include or attach the terms of the main search power;

(c)

explain how the circumstances would have satisfied any criteria prescribed by the main search power for the issue of a search warrant; and

(d)

explain why the issue of such a search warrant would have been appropriate.

(5)

Where the applicant relies on the second set of access conditions and on an assertion that a production order made under paragraph 4 of Schedule 1 to the 1984 Act in respect of the material sought has not been complied with—

(a)

the application must—

(i)

identify that order and describe its terms, and

(ii)

specify the date on which it was served; but

(b)

the application need not comply with paragraphs (6) or (7).

(6)

In relation to premises which the applicant wants to be searched and can specify, the application must (unless paragraph (5) applies)—

(a)

specify each set of premises;

(b)

in respect of each set of premises, explain the grounds for believing that material sought is on those premises; and

(c)

in respect of each set of premises, explain the grounds for believing that—

(i)

it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii)

it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii)

the material sought contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued, or

(iv)

service of notice of an application for a production order under paragraph 4 of Schedule 1 to the 1984 Act may seriously prejudice the investigation.

(7)

In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must (unless paragraph (5) applies)—

(a)

explain the grounds for believing that—

(i)

because of the particulars of the offence under investigation it is necessary to search any premises occupied or controlled by a specified person, and

(ii)

it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched;

(b)

specify as many sets of premises as is reasonably practicable;

(c)

in respect of each set of premises, whether specified or not, explain the grounds for believing that material sought is on those premises; and

(d)

in respect of each specified set of premises, explain the grounds for believing that—

(i)

it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii)

it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii)

(iv)

service of notice of an application for a production order under paragraph 4 of Schedule 1 to the 1984 Act^f4 may seriously prejudice the investigation.

(8)

In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a)

identify those other persons, by function or description; and

(b)

explain why those persons are required.

[Note. Under paragraph 12 of Schedule 1 to the Police and Criminal Evidenced Act 1984, where the conditions listed in that paragraph and, if applicable, in paragraphs 12A and 14 of that Schedule^f5 are fulfilled a constable may apply to a Circuit judge for a warrant authorising a search for evidence consisting of special procedure material or, in some cases, excluded material on specified premises or on the premises of a specified person.

Under section 16(3) of the 1984 Act^f6, entry and search under a warrant must be within 3 months from the date of its issue.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act.]

Annotations

Commencement

I1: Rule 47.30 in force at 6.10.2025, see Preamble

Footnotes

f1: 1984 c. 60; paragraph 12 of Schedule 1 was amended by section 65 of, and paragraph 6 of Schedule 4 to, the Courts Act 2003 (c. 39) and section 113 of the Serious Organised Crime and Police Act 2005 (c. 15).
f2: 1984 c. 60; paragraph 2 of Schedule 1 was amended by sections 111 and 113 of, and paragraph 43 of Schedule 7 to, the Serious Organised Crime and Police Act 2005 (c. 15).
f3: 1984 c. 60; paragraph 3 of Schedule 1 was amended by section 113 of the Serious Organised Crime and Police Act 2005 (c. 15).
f4: 1984 c. 60; paragraph 4 of Schedule 1 was amended by section 65 of, and paragraph 6 of Schedule 4 to, the Courts Act 2003 (c. 39).
f5: 1984 c. 60; paragraph 12A of Schedule 1 was inserted by section 113 of the Serious Organised Crime and Police Act 2005 (c. 15). Paragraph 14 of Schedule 1 was amended by sections 113 and 174 of, and Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15).
f6: 1984 c. 60; section 16(3) was amended by section 114 of the Serious Organised Crime and Police Act 2005 (c. 15).

Notes on Part 47

Textual amendments

F1: Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)