The claimants had made application for tapes held by the respondent to be released. The claimant offered undertakings as to their preservation, and agreement had been reached. The outstanding issue was as to costs. The tapes were recorded by the claimant of the late Diana, Princess of Wales.
Held: To justify retention of a document, or property, it must be necessary in all the circumstances. Had the police been open in their dealings it could have been dealt with more quickly. Despite court orders the tape had been copied whilst in the possession of the police, and it was not for them now to assert that they would keep it more securely. They should pay the costs.
Judges:
Peter Smith J
Citations:
[2004] EWHC 2171 (Ch)
Links:
Statutes:
Police and Criminal Evidence Act 1984 19 22
Jurisdiction:
England and Wales
Citing:
Cited – Thakur Persad Jaroo v Attorney-General of Trinidad and Tobago PC 4-Feb-2002
(Trinidad and Tobago) The appellant sought a declaration that his constitutional rights had been infringed. He had bought a car. When told it may be stolen, he took it to the police station, but after he heard nothing and it was not returned. He . .
Cited – Ghani v Jones CA 1970
The court was asked as to the powers of the police to retain objects taken and impounded.
Held: The privacy and possessions of an individual were not to be invaded except for the most compelling reasons.
Lord Denning MR said: ‘Balancing . .
Cited – Gough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court . .
Lists of cited by and citing cases may be incomplete.
Police, Costs
Updated: 29 August 2022; Ref: scu.214645