Archive for the 'search & seizure' Category

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary – Times Law Reports

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary

Queen’s Bench Divisional Court

“A court order requiring the police to return items seized under a search warrant could not be enforced because no time had been set for compliance with the order.”

The Times, 21st July 2009

Source: www.timesonline.co.uk

Police chief escapes jail for refusing to hand over seized material – The Guardian

“A chief constable was criticised by three judges today for defying a high court order to return computer hard drives containing evidence of suspected child abuse to an expert witness.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk

Police chief Colin Port risks career by refusing to return child abuse data – The Times

“A chief constable could face jail and an end to his 35-year police career for defying a High Court order to return computers suspected of holding a huge collection of child abuse images to a controversial expert witness.”

Full story

The Times, 27th May 2009

Source: www.timesonline.co.uk

Harry Rednapp lawyer takes on the police again over search warrant – The Times

“The lawyer who has put a police chief’s job on the line over a search warrant is the same man who represented Harry Redknapp in his successful claim over a dawn raid on his home.”

Full story

The Times, 27th May 2009

Source: www.timesonline.co.uk

Damian Green leaks civil servant sacked – The Guardian

“Christopher Galley dismissed as junior Home Office civil servant for passing information to Tory Damian Green.”

Full story

The Guardian, 24th April 2009

Source: www.guardian.co.uk

Commons committee to launch rival investigation into Damian Green affair – The Guardian

“A Commons select committee is going to launch its own inquiry into the arrest of the Tory MP Damian Green, it said today (9 December).”

Full story

The Guardian, 9th December 2008

Source: www.guardian.co.uk

Bill to allow Commons searches with no warrant – The Independent

“The vow by Commons Speaker Michael Martin to prevent ‘unauthorised’ raids on MPs’ offices in the wake of the Damian Green affair was seriously undermined last night as it emerged that the Government is preparing new laws to allow investigators to mount parliamentary searches without a warrant.”

Full story

The Independent, 7th December 2008

Source: www.independent.co.uk

Protest threat to Speaker address – BBC News

“The House of Commons Speaker is to make a statement over the decision to allow police to search the offices of shadow immigration minister Damian Green.”

Full story

BBC News, 3rd December 2008

Source: www.bbc.co.uk

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Taxman misled court into granting search warrants – The Times

“Search warrants executed by Revenue & Customs at the offices of a tax consultancy were held to be unlawful by the High Court today.”

Full story

The Times, 13th November 2008

Source: www.timesonline.co.uk

Redknapp and Another v Commissioner of the City of London Police and Another – Times Law Reports

Redknapp and Another v Commissioner of the City of London Police and Another

Queen’s Bench Divisional Court

“Reasons for seeking the issue of an search warrant had to be set out to make it valid. For its execution to be lawful, the occupier of the premises had to be shown and given a copy of the warrant. ”

The Times, 16th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Khan v Commissioner of Police of the Metropolis – Times Law Reports

Khan v Commissioner of Police of the Metropolis

Court of Appeal

“Police powers to enter and search a premises without a warrant, could be used only where those premises were, in fact, occupied or controlled by a person under arrest, and not where the police had merely a reasonable belief that the suspect occupied or controlled the premises.”

The Times, 16th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Khan v Commissioner of Police of the Metropolis – WLR Daily

Khan v Commissioner of Police of the Metropolis; [2008] WLR (D) 182

“S 18 of the Police and Criminal Evidence Act 1984 (as amended by s 111, Sch 7, Pt 3 of the Serious Organised Crime and Police Act 2005), which gave the police the power to enter and search a premises occupied or controlled by a person under arrest without a warrant, should be construed literally so that the power could only be used where the premises were, in fact, occupied or controlled by a person who was under arrest.”

WLR Daily, 6th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Redknapp v Commissioner of the City of London Police and another – WLR Daily

Redknapp v Commissioner of the City of London Police and another [2008] EWHC 1177 (Admin); [2008] WLR (D) 179

“A warrant authorising the entry and search of premises issued under s 8 of the Police and Criminal Evidence Act 1984 was unlawful if the application did not identify which of the four conditions specified in s 8(3) of the Act was being relied on. Further, the execution of such a warrant was invalidated by a failure to satisfy the requirements of s 16(5) of the Act, which provided that when premises were occupied, the officer executing the warrant must not only produce the warrant to the person in occupation, but also supply him or her with a copy of it.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Get ready to be raided – The Times

“Companies get no warning about early morning raids by authorities, but they can put in place procedures to deal with them.”

Full story

The Times, 11th December 2007

Source: www.timesonline.co.uk

Regulator’s search of IVF clinic was illegal, says high court – The Guardian

“IVF doctors last night called for resignations and a full investigation by the Department of Health after the high court ruled that the fertility regulator had unlawfully obtained warrants to search a clinic on the eve of a Panorama documentary. The British Fertility Society, representing the doctors, said the Human Fertilisation and Embryology Authority had lost the trust of the clinics it regulates following the high court victory of Mohamed Taranissi, the controversial IVF doctor who has the best success rates in the country.”

Full story

The Guardian, 29th June 2007

Source: www.guardian.co.uk


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