Page 227 - Law and the Media

Law and the Media
A serious arrestable offence has been committed
There is material on the premises specified in the application that is likely to be of
substantial value to the investigation of the offence
The material is likely to be relevant evidence, and
It does not consist of or include items subject to legal privilege, excluded material
or special procedure material.

In addition, the police must satisfy the justice of the peace of any of the following:

It is impractical to communicate with any person entitled to grant entry or access
to the premises
Entry to the premises will not be granted unless a warrant is produced
The purpose of the search may be ‘frustrated or seriously prejudiced’ unless the
police can secure immediate entry.

Section 15 PACE stipulates that every warrant must specify the name of the officer who
applied for it, the date of its issue, the statutory authority for its issue, the premises to be
searched, and, so far as practicable, the articles or persons sought. Each warrant authorizes
one search only. A return visit will therefore require a fresh application to a justice of the
peace. The person whose premises are searched should be supplied with a copy of the
warrant.

The normal search warrant procedure under Section 8 PACE will not apply if the items the
police wish to see consist of material which is subject to:

Legal privilege
Excluded material, or
Special procedure material.

11.3.2 Section 9 Police and Criminal Evidence Act 1984

The police may apply to a circuit judge for a production order or a search warrant under
Section 9 PACE for access to:

Excluded material, or
Special procedure material

for the purposes of a criminal investigation if they satisfy the requirements set out in
Schedule 1 PACE.

The person who is the subject of the application should be given notice of the application,
and has a right to be heard.
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