Police Reform Act 2002

Access to excluded and special procedure material E+W

17 Where a designation applies this paragraph to any person—

(a) he shall have the powers of a constable under section 9(1) of the 1984 Act (special provisions for access) to obtain access, in accordance with Schedule 1 to that Act and the following provisions of this paragraph, to excluded material and special procedure material;

(b) that Schedule shall have effect for the purpose of conferring those powers on that person as if —

(i) the references in paragraphs 1, 4, 5, 12 and 13 of that Schedule to a constable were references to that person; and

(ii) the references in paragraphs 12 and 14 of that Schedule to premises were references to premises in the relevant police area [F1 (in the case of a specific premises warrant) or any premises, whether in the relevant police area or not (in the case of an all premises warrant);] ;

[F2 (bb) section 15 of that Act (safeguards) shall have effect in relation to the issue of any warrant under paragraph 12 of that Schedule to that person as it has effect in relation to the issue of a warrant under that paragraph to a constable;

(bc) section 16 of that Act (execution of warrants) shall have effect in relation to any warrant to enter and search premises that is issued under paragraph 12 of that Schedule (whether to that person or to any other person) [F3 , but in respect of premises in the relevant police area only,] as if references in that section to a constable included references to that person;]

(c) section 19(6) of that Act (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by paragraph 13 of Schedule 1 to that Act as it has effect in relation to the seizure of anything under that paragraph by a constable;

(d) section 20 of that Act (extension of powers of seizure to computerised information) shall have effect in relation the power of seizure conferred on that person by paragraph 13 of Schedule 1 to that Act as it applies in relation to the power of seizure conferred on a constable by that paragraph;

(e) section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by paragraph 13 of Schedule 1 to that Act as if the references to a constable and to an officer included references to that person; and

(f) sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (d), and to anything produced to him under paragraph 4(a) of Schedule 1 to that Act—

(i) as they have effect in relation to anything seized in exercise of the power conferred on a constable by paragraph 13 of that Schedule or taken away by a constable following the imposition of a requirement by virtue of section 20 of that Act or, as the case may be, to anything produced to a constable under paragraph 4(a) of that Schedule; and

(ii) as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.

Textual Amendments

F1 Words in Sch. 4 para. 17(b)(ii) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 para. 15(a); S.I. 2005/1521, art. 3(1)(h)(i)

F2 Sch. 4 para. 17(bb)(bc) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 17; S.I. 2004/81, art. 2(1)(2)(a)

F3 Words in Sch. 4 para. 17(bc) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 para. 15(b); S.I. 2005/1521, art. 3(1)(h)(i)