xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Ss. 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
C2Sch. 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
C3Sch. 1 applied (with modifications) (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 para. 17(a)(b); S.I. 2002/2750, art. 2(a)(ii)(d)
Sch. 1 applied (with modifications) (14.10.2002) by The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326), arts. 3, 4
C4Sch. 1 incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
C5Sch. 1 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
C6Sch. 1 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
C7Sch. 1 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(e), Sch.
C8Sch. 1 applied (with modifications) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(1)(3), Sch. (with regs. 4-8)
2E+WThe first set of access conditions is fulfilled if—
(a)there are reasonable grounds for believing—
(i)that [F1an 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 [F2, 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.
Textual Amendments
F1Words in Sch. 1 para. 2(a)(i) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(13); S.I. 2005/3495, art. 2(1)(m)
F2Words in Sch. 1 para. 2(a)(ii) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(11), 178; S.I. 2005/3495, art. 2(1)(n)