The Police and Criminal Evidence (Northern Ireland) Order 1989

Article 11.

SCHEDULE 1 N.I. SPECIAL PROCEDURE

Making of orders by county court judge N.I.

1.  If on an application made by a constable a county court judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4. N.I.

2.  The first set of access conditions is fulfilled if— N.I.

(a) there are reasonable grounds for believing—

(i) that [F1 an 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.

F1 Words in Sch. 1 para. 2(a)(i) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(2)

F2 Words in Sch. 1 para. 2(a)(ii) added (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(3)

3.  The second set of access conditions is fulfilled if— N.I.

(a) there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application [F3 , 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);];

(b) but for Article 11(2) a search of [F4 such premises] for that material could have been authorised by the issue of a warrant to a constable under a statutory provision other than this Schedule; and

(c) the issue of such a warrant would have been appropriate.

F3 Words in Sch. 1 para. 3(a) added (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(3)

F4 Words in Sch. 1 para. 3(b) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(4)

4.  An order under this paragraph is an order that the person who appears to the county court judge to be in possession of the material to which the application relates shall— N.I.

(a) produce it to a constable for him to take away; or

(b) give a constable access to it,

not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify.

5.  Where the material consists of information [F5 stored in any electronic form] N.I.

(a) an order under paragraph 4(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible[F6 or from which it can readily be produced in a visible and legible form]; and

(b) an order under paragraph 4(b) shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.

F5 2001 c. 16

F6 2001 c. 16

6.  For the purposes of Articles 23 and 24 material produced in pursuance of an order under paragraph 4(a) shall be treated as if it were material seized by a constable. N.I.

Notices of applications for orders N.I.

7.  An application for an order under paragraph 4 shall be made inter partes. N.I.

8.  Where notice of an application for an order under paragraph 4 has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except— N.I.

(a) with the leave of a judge; or

(b) with the written permission of a constable,

until—

(i) the application is dismissed or abandoned; or

(ii) he has complied with an order under paragraph 4 made on the application.

Issue of warrants by county court judge N.I.

9.  If on an application made by a constable a county court judge— N.I.

(a) is satisfied—

(i) that either set of access conditions is fulfilled; and

(ii) that any of the further conditions set out in paragraph 11 is also fulfilled [F7 in relation to each set of premises specified in the application]; or

(b) is satisfied—

(i) that the second set of access conditions is fulfilled; and

(ii) that an order under paragraph 4 relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises [F8 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”)].

F7 Words in Sch. 1 para. 9(a)(ii) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(5)(a)

F8 Words in Sch. 1 para. 9 added (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(5)(b)

[F9 9A.   The judge may not issue an all premises warrant unless he is satisfied— N.I.

(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.]

F9 Sch. 1 para. 9A inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(6)

10.  A constable may seize and retain anything for which a search has been authorised under paragraph 9. N.I.

11.  The further conditions mentioned in paragraph 9(a)(ii) are— N.I.

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises F10 . . . ;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;

(c) that the material contains information which—

(i) is subject to a restriction or obligation such as is mentioned in Article 13(2)(b); and

(ii) is likely to be disclosed in breach of it if a warrant is not issued;

(d) that service of notice of an application for an order under paragraph 4 may seriously prejudice the investigation for the purpose of which the application is sought, or other investigations.

F10 Words in Sch. 1 para. 11(a) repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(7), 41(2), Sch. 2

12.—(1) If a person fails to comply with an order under paragraph 4, a county court judge may deal with him as if he had committed a contempt of the Crown Court. N.I.

(2) Any statutory provision relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.

Costs N.I.

13.  The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge. N.I.