SCHEDULE 1 Special Procedure

SCHEDULE 1 Special Procedure

Section 9

Making of orders by circuit judge

1

If on an application made by a constable a [judge] is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4 below.

2

The first set of access conditions is fulfilled if—

(a)     there are reasonable grounds for believing—

(i)     that [an indictable offence] has been committed;

(ii)     that there is material which consists of special procedure material or also includes special procedure material and does not also include excluded material on premises specified in the application[, 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

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