Access to Special Procedure and Excluded Material

PACE 1984, Sch.1

Warrant: Yes
Force: Yes
Notice: Yes

A circuit judge may make a production order or issue a warrant under Schedule 1 to PACE to obtain access to special procedure material (such as journalistic material) or excluded material (such as personal records held in confidence). This is a higher-level procedure requiring a circuit judge rather than a magistrate.

Conditions

Application must be made to a circuit judge, not a magistrate
One of the two sets of access conditions in Sch.1 para.2 or para.3 must be met
Police must usually first apply for a production order before a warrant is issued
The material must not be legally privileged

Limitations

Does not apply to legally privileged material: that cannot be compelled under any PACE power
The inter partes hearing for a production order means the holder is given notice
Excluded material: personal records, human tissue or tissue fluid, journalistic material held in confidence

Last updated 1 April 2026