The forcing of an object from the mouth of a detainee was a breach of the PACE codes but did amount to an an intimate search. An ‘Intimate body search’ requires a physical examination, not mere visual inspection. Citations: Gazette 08-Dec-1993, Ind Summary 29-Nov-1993, Times 12-Nov-1993 Statutes: Police and Criminal Evidence Act 1984 18(1) Jurisdiction: … Continue reading Regina v Hughes: CACD 12 Nov 1993
An arrested person had given a false address. The police used their powers under search that address. The occupier obtained an award of damages. The Commissioner appealed. Held: Police powers to enter premises and search them on the basis that they were occupied or controlled by somebody under arrest required as a fact that the … Continue reading Khan v Commissioner of Police for the Metropolis: CA 4 Jun 2008
HMRC had seized material in e course of executing a search warrant. The warrant was later removed, but the Crown Court authorised the continued retention of the materials, The question now was whether the material had been seized in the course a criminal cause or matter so as to govern the mode of appeal. Held: … Continue reading Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014
The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009
Res Gestae Evidence correctly admitted The appellant challenged by case stated the admission by magistrates at his trial of two pieces of evidence under the res gestae principle under section 118(3) of the 2003 Act. The allegation was one of domestic violence. The court had admitted the distressed call by the complainant for the police, … Continue reading Morgan v Director of Public Prosecutions: Admn 6 Dec 2016
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
