The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

Special procedure materialN.I.

This section has no associated Explanatory Memorandum

8.—(1) Schedule 1 to PACE (special procedure for access to certain material) is amended as follows.

(2) In paragraph 2(a)(i) for “a serious arrestable offence” substitute “ an indictable offence ”.

(3) In each of paragraphs 2(a)(ii) and 3(a) at the end add “ , 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); ”.

(4) In paragraph 3(b) for “the premises” substitute “ such premises ”.

(5) In paragraph 9—

(a)in sub-paragraph (a)(ii), after “fulfilled” insert “ in relation to each set of premises specified in the application ”,

(b)at the end add “ or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”) ”.

(6) After paragraph 9 insert—

9A.  The judge may not issue an all premises warrant unless he is satisfied—

(a)that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and

(b)that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched..

(7) In paragraph 11(a) omit “to which the application relates”.