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Police and Criminal Evidence Act 1984

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Changes to legislation:

Police and Criminal Evidence Act 1984, Cross Heading: Making of orders by judge is up to date with all changes known to be in force on or before 21 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 61(6BA) inserted by 2008 c. 28 s. 10(1) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 63(3D) inserted by 2008 c. 28 s. 10(2) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 64(1AA) inserted by 2008 c. 28 s. 10(4) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 65(1) words inserted by 2008 c. 28 s. 10(5) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 65(1) words inserted by 2010 c. 17 s. 14(3)(a) (This amendment not applied to legislation.gov.uk. S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • s. 65(1) words inserted by 2010 c. 17 s. 14(3)(b) (This amendment not applied to legislation.gov.uk. S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • s. 114ZA inserted by 2016 anaw 6 s. 185(1)
  • Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13

Making of orders by [F1judge]E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 1: words in cross-heading substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 65, 110, Sch. 4 para. 6(1); S.I. 2005/910, art. 3(u)

1If on an application made by a constable a [F2judge] is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4 below.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in Sch. 1 para. 1 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 65, 110, Sch. 4 para. 6(1); S.I. 2005/910, art. 3(u)

2The first set of access conditions is fulfilled if—E+W

(a)there are reasonable grounds for believing—

(i)that [F3an 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 [F4, 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

3The second set of access conditions is fulfilled if—E+W

(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 [F5, 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 section 9(2) above a search of [F6such premises] for that material could have been authorised by the issue of a warrant to a constable under an enactment other than this Schedule; and

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

4An order under this paragraph is an order that the person who appears to the [F7judge] to be in possession of the material to which the application relates shall—E+W

(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.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Words in Sch. 1 para. 4 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 65, 110, Sch. 4 para. 6(1); S.I. 2005/910, art. 3(u)

5Where the material consists of information [F8stored in any electronic form]E+W

(a)an order under paragraph 4(a) above 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 [F9or from which it can readily be produced in a visible and legible form]; and

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Words in Sch. 1 para. 5 substituted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 2 para. 14(a); S.I. 2003/708, art. 2(k)

F9Words in Sch. 1 para. 5(a) inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 2 para. 14(b); S.I. 2003/708, art. 2(k)

6For the purposes of sections 21 and 22 above material produced in pursuance of an order under paragraph 4(a) above shall be treated as if it were material seized by a constable.E+W

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