Obtaining excluded material and special procedure material under PACE 1984
Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers
Obtaining excluded material and special procedure material under PACE 1984

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:

  • Obtaining excluded material and special procedure material under PACE 1984
  • General definitions
  • Production or access orders
  • Obtaining special procedure material—the first set of access conditions
  • Obtaining excluded and special procedure material—the second set of access conditions
  • Search and seizure warrants—criteria
  • Search and seizure warrants—premises
  • Search and seizure warrants—terms
  • Obtaining production and access orders and search and seizure warrants—applications and procedure

Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application to the magistrates’ court under PACE 1984, s 8: ‘excluded material’, and ‘special procedure material’ for the purposes of a criminal investigation. This is not limited to material which might assist the prosecution but also embraces the ability to pursue reasonable lines of enquiry and attempting to obtain material which might assist the defence for the purposes of compliance with the disclosure obligations under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996). For more information on disclosure, see Practice Note: Obtaining disclosure of unused evidence.

The application under PACE 1984, s 9 and Sch 1 is made to a circuit judge in the Crown Court for a production or access order or search and seizure warrant.

For information on how to make applications to obtain excluded material and special procedure material under PACE 1984, s 9 and Sch 1 and how to challenge such orders, see Practice Note: Excluded material and special procedure material under PACE 1984—applications and challenges.

For information about search warrants obtained under PACE 1984, s 8, see Practice Note: Obtaining and executing a search warrant under PACE 1984.

Privileged material cannot be sought by any means under PACE 1984. However, its