Article 11 Special provisions as to access
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 and in accordance with that Schedule.
Subject to paragraph (3), any statutory provision passed or made before the making of this Order 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—
for items subject to legal privilege; or
for excluded material; or
for special procedure material consisting of documents or records other than documents.
Nothing in this Article or in Schedule 1 shall affect the powers conferred byF1 sections 37 and 38 of, and Schedules 5 and 6 to, the Terrorism Act 2000.
Annotations
Textual amendments
- F1
Modifications
- C1
Art. 11(1)(2) applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2
- C2
Art. 11(1)(2) applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2
- C3
Art. 11(1) applied (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 3-6, 9(2), Sch. 1
- C4
Art. 11(1) applied (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 12-15, 18(2), Sch. 2
Notes on the whole Order
Textual amendments
- F1
mod. by 2005 c. 2