Excluded material and special procedure material under PACE 1984—applications and challenges
Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers
Excluded material and special procedure material under PACE 1984—applications and challenges

The following Corporate Crime guidance note Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers provides comprehensive and up to date legal information covering:

  • Excluded material and special procedure material under PACE 1984—applications and challenges
  • Applying for production and access orders and search and seizure warrants
  • Applicant withholding information, closed material procedures
  • Dealing with privileged material, or excluded or special procedure material at the point of the execution of the warrant or service of the order for production or access
  • Challenging orders and warrants issued under PACE 1984, s 9, Sch 1

This Practice Note should be read in conjunction with Practice Note: Obtaining excluded material and special material under PACE 1984 which explains the power under section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) to apply for a production or access order or a search and seizure warrant to obtain excluded material and special procedure material. It explains what constitutes excluded material and special procedure material and the access conditions which must be met for such a production order to be made by the Crown Court.

This Practice Note explains the process for making applications and how to challenge such orders made.

Applying for production and access orders and search and seizure warrants

A summary of some of the obligations on the applicant and procedure in the court is outlined below. Those advising applicants or respondents should ensure that they check the following sources to compile a list of obligations and procedural requirements, as well as the leading cases on procedural challenges (a number of which are referenced elsewhere in this note):

  1. the Criminal Procedure Rule 2015 (CrimPR), SI 2015/1490, Pt 47

  2. Criminal Practice Direction (CPD) (as amended) CPD XI Other Proceedings 47A: Investigation orders and warrants

  3. Criminal Practice Direction (as amended) CPD XI Other Proceedings 47B: Investigation orders and warrants in the Crown Court