The claimant challenged the lawfulness of a search warrant issued for the respondent. The company had claimed Film Tax Relief, but the revenue had been unable to trace a supplier, and believed the invoice to be bogus. Held: The warrants wer too widely framed. Judges: Pitchford LJ, Foskett J Citations: [2012] EWHC 2989 (Admin) Links: … Continue reading Anand, Regina (on The Application of) v Revenue and Customs: Admn 9 Oct 2012

Cash had been seized by the police under the 1984 Act. It was later seized also under the 2003 Act. The respondent said this was unlawful. Held: The forfeited money could be seized again under the 2003 Act. The 2002 Act allowed appropriate assets to be siezed at any time. Judges: Mittng J Citations: [2006] … Continue reading Merseyside Police v Hickman and Another: Admn 1 Mar 2006

The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001

There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

Criminal charges against the officers had been stayed. They subsequently faced disciplinary proceedings. Held: An acquittal is a finding or determination that a defendant is not guilty of an offence. A stay does not involve such a finding. Section 104 refers to acquittal. The legislative intention was to refer to the case where there had … Continue reading Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

There was a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in subparagraph (b). That information was contained in a separate schedule. The court rejected the submission that … Continue reading Regina v Chief Constable of the Lancashire Constabulary ex parte Parker: Admn 2 Jan 1993

The claimant sought a declaration that search warrants on his premises issued under money laundering suspicions were unlawful. The warrants did not comply with the 1984 Act, having failed satisfactorily to specify their purpose. Limited offers had been made for the return of certain documents and new orders sought under the 2002 Act. Held: The … Continue reading Cummins, Regina (on The Application of) v Manchester Crown Court: Admn 27 Jul 2010

The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather to prevent protests against the forthcoming royal wedding. Held: The appeals failed: ‘the timing of the execution … Continue reading Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The claimant, a British National Party member had been the subject of the … Continue reading Merseyside Police v Owens: Admn 31 May 2012

Appeal against a decision that a forced entry into the claimant’s home by police was not unlawful. . .

Appeal from order on appellant to ensure proper manning of custody suites. Whether ‘acting Sergeant’ could operate as a custody officer. Citations: [1992] EWCA Civ 19, [1993] 1 WLR 415, [1993] 2 All ER 321 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 36(1) Jurisdiction: England and Wales Police Updated: 07 December 2022; Ref: … Continue reading Vince and Another v Dorset Police: CA 30 Jul 1992

The claimant had been arrested and interviewed. The custody officer then decided to hold him in custody until he had received a decision from the CPS as to whether to charge him and with what offence. The claimant sought judicial review of the decision to hold him, saying the custody had no such power. Held: … Continue reading G, Regina (on the Application of) v Director of Public Prosecutions: CA 5 Feb 2008

The court asked whether the power of arrest under s6 of the 1864 Act survived s26 of the 1984 Act. Held: The 1984 Act affected only the powers given to police officers as police officers. The power under s6 of the Vagrancy Act applied to any person, and therefore was not affected by a restriction … Continue reading Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

The claimants challenged search warrants and the seizure of materials under the warrants. Held: The Court emphasised the need for precision within the warrant itself. Judges: Sir John Thomas P QB, Wilkie J Citations: [2012] EWHC 3745 (Admin), [2013] 1 WLR 2706 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 9, Criminal Justice and … Continue reading Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

Challenge to issue of search warrants. Citations: [2014] EWHC 1541 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 9 Jurisdiction: England and Wales Police Updated: 05 November 2022; Ref: scu.526395