SCHEDULES

C1C2C3C4C5C6C7C8 SCHEDULE 1 Special Procedure

Annotations:
Modifications etc. (not altering text)
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

Issue of warrants by circuit judge

12

If on an application made by a constable a circuit judge—

a

is satisfied—

i

that either set of access conditions is fulfilled; and

ii

that any of the further conditions set out in paragraph 14 below is also fulfilled F1in 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 above relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises F2 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”).

F412A

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.

13

A constable may seize and retain anything for which a search has been authorised under paragraph 12 above.

14

The further conditions mentioned in paragraph 12 (a)(ii) above are—

a

that it is not practicable to communicate with any person entitled to grant entry to the premises F3. . . ;

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 section 11(2)(b) above; 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 above may seriously prejudice the investigation.

15

1

If a person fails to comply with an order under paragraph 4 above, a circuit judge may deal with him as if he had committed a contempt of the Crown Court.

2

Any enactment relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.