journalistic materials

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Materials acquired or created for the purpose of journalism (which includes radio and television and other media). Police cannot search for or seize such material except under powers created by s 9 of the Police and Criminal Evidence Act 1984 (PACE). Journalistic material that is held in confidence is ‘excluded material’, which can only be obtained under the second set of access conditions in sch 1 PACE. The circumstances would be extremely rare. Such material must have been held in confidence from the time of its creation or acquisition; it cannot be given confidential status later. Journalistic material which is not held in confidence is ‘special procedure’ material and can be obtained by police by way of a production order or warrant granted under the first set of access conditions in sch 1.

Subjects: Law.

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