SCHEDULES

C1C2C3SCHEDULE 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

Making of orders by circuit judge

2

The first set of access conditions is fulfilled if—

a

there are reasonable grounds for believing—

i

that a serious arrestable 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;

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.