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The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Making of orders by county court judge

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.

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.

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

(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;

(b)but for Article 11(2) a search of the 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.

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—

(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 contained in a computer—

(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; 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.

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.

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