Paragraph 2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 applied (with modifications) by 1992 c. 5, s. 109D, Sch. 3ZC (as inserted) by Public Authorities (Fraud, Error and Recovery) Act 2025 s. 80(2) Sch. 4 para. 1
Sch. 1 para. 17 inserted by Courts Act 2003 Sch. 4 para. 6(2)
Sch. 1 words substituted by Courts Act 2003 Sch. 4 para. 6(1)
Sch. 1 para. 17 words substituted by Serious Organised Crime and Police Act 2005 s. 114(9)

The first set of access conditions is fulfilled if—

(a)

there are reasonable grounds for believing—

(i)

that F1an indictable offence 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 F2, or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);

(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

Textual amendments

F1: Words in Sch. 1 para. 2(a)(i) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(13); S.I. 2005/3495, art. 2(1)(m)
F2: Words in Sch. 1 para. 2(a)(ii) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(11), 178; S.I. 2005/3495, art. 2(1)(n)

Notes on Schedule 1

Modifications

C1

Ss. 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

C2

Sch. 1 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I

Sch. 1 extended (17.5.1996) by S.I. 1996/1296, art. 16(1).

Sch. 1: power to apply conferred (30.9.2003) by 2001 c. 19, ss. 6(2), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2

C3