The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant.
Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. All the material necessary to justify the grant of a warrant should be contained in the information provided on the form. If the magistrate or judge in the case of an application under section 9, does require any further information in order to satisfy himself that the warrant is justified, a note should be made of the additional information so that there is a proper record of the full basis upon which the warrant has been granted. In this case the information on which the warrant was issued was incomplete, and the search warrant was invalid.
Lord Justice Latham and Mr Justice Underhill
[2008] EWHC 1177 (Admin), Times 16-Jun-2008, (2008) 172 JPN 548, [2009] 1 All ER 229, (2008) 172 JP 388, [2008] Lloyd’s Rep FC 466, [2008] 1 All ER 229, [2009] 1 WLR 2091
Bailii
Proceeds of Crime Act 2002, Police and Criminal Evidence Act 1984 8
England and Wales
Citing:
Cited – C, Regina (on the Application of) v ‘A’ Magistrates’ Court Admn 26-Sep-2006
Complaint was made about the slipshod completion of applications for search warrants. The nature of the review of compliance with Section 24(4) was to be that appropriate to Section 24(6). Underhill J held: ’26. The terms of s-s. (5) are new and . .
Cited by:
Cited – Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc Admn 21-Nov-2008
Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the . .
Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Cited – Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others Admn 19-Feb-2013
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Magistrates
Updated: 02 November 2021; Ref: scu.268721