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Moon phases


PACE Sections 11-15

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PACE Sections 11-15

Post by assassin on Sat Jan 13, 2018 3:45 pm

11 Meaning of “excluded material”.

(1)Subject to the following provisions of this section, in this Act “excluded material” means—
(a)personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;
(b)human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;
(c)journalistic material which a person holds in confidence and which consists—
(i)of documents; or
(ii)of records other than documents.

(2)A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—
(a)to an express or implied undertaking to hold it in confidence; or
(b)to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.

(3)A person holds journalistic material in confidence for the purposes of this section if—
(a)he holds it subject to such an undertaking, restriction or obligation; and
(b)it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.



12 Meaning of “personal records”.

In this Part of this Act “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—
(a)to his physical or mental health;
(b)to spiritual counselling or assistance given or to be given to him; or
(c)to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—
(i)by reason of his office or occupation has responsibilities for his personal welfare; or
(ii)by reason of an order of a court has responsibilities for his supervision.



13 Meaning of “journalistic material”.

(1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.

(2)Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.

(3)A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.



14 Meaning of “special procedure material”.

(1)In this Act “special procedure material” means—
(a)material to which subsection (2) below applies; and
(b)journalistic material, other than excluded material.

(2)Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—
(a)acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and
(b)holds it subject—
(i)to an express or implied undertaking to hold it in confidence; or
(ii)to a restriction or obligation such as is mentioned in section 11(2)(b) above.

(3)Where material is acquired—
(a)by an employee from his employer and in the course of his employment; or
(b)by a company from an associated company,
it is only special procedure material if it was special procedure material immediately before the acquisition.

(4)Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.

(5)Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.

(6)A company is to be treated as another’s associated company for the purposes of this section if it would be so treated under [F1section 449 of the Corporation Tax Act 2010].



15 Search warrants—safeguards.

(1)This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

(2)Where a constable applies for any such warrant, it shall be his duty—
(a)to state—
(i)the ground on which he makes the application; F1. . .
(ii)the enactment under which the warrant would be issued; [F2and]

[F3(iii)if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;]

[F4(b)to specify the matters set out in subsection (2A) below; and]
(c)to identify, so far as is practicable, the articles or persons to be sought.

[F5(2A)The matters which must be specified pursuant to subsection (2)(b) above are—

[F6(a)if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;]
(b)[F7if the application relates to any premises occupied or controlled by a person specified in the application–]
(i)as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
(ii)the person who is in occupation or control of those premises and any others which it is desired to enter and search;
(iii)why it is necessary to search more premises than those specified under sub-paragraph (i); and
(iv)why it is not reasonably practicable to specify all the premises which it is desired to enter and search.]

(3)An application for such a warrant shall be made ex parte and supported by an information in writing.

(4)The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.

(5)A warrant shall authorise an entry on one occasion only [F8unless it specifies that it authorises multiple entries].

[F9(5A)If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.]

(6)A warrant—
(a)shall specify—
(i)the name of the person who applies for it;
(ii)the date on which it is issued;
(iii)the enactment under which it is issued; and

[F10(iv)each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and]
(b)shall identify, so far as is practicable, the articles or persons to be sought.

[F11(7)Two copies shall be made of a [F12warrant] which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.]

(8)The copies shall be clearly certified as copies.
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