SCHEDULES

C1C2C3C4C5C6 SCHEDULE 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 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.