AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another: Admn 10 Apr 2014

The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that they had assisted the escape.
Held: The warrants had been issued unlawfully. They had been poorly phrased and would not allow the claimants to identify just what was subject to the warrant. It was not sufficiently limited.

Rafferty LJ, Stuart-Smith J
[2014] EWHC 1089 (Admin)
Police and Criminal Evidence Act 1984 8
England and Wales
CitedCronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another Admn 20-Nov-2002
The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting . .
CitedPower-Hynes and Another v Norwich Magistrates’ Court and Another Admn 26-Jun-2009
The claimant accountant sought the quashing of a search warrant granted by the respondent to the police.
Held: The warrant failed to comply with s. 15(6)(b) of PACE and was invalid. . .
CitedStanford International Bank Ltd, Re CA 25-Feb-2010
Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other . .
CitedRegina (Austen and others) v Chief Constable of Wiltshire Admn 2011
. .
CitedVan Der Pijl and Another v The Crown Court At Kingston Admn 21-Dec-2012
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. . .
CitedS, F and L, Regina (on The Application of) v Chief Constable of The British Transport Police and Another Admn 20-Jun-2013
The claimants, solicitors, challenged search warrants issued against their homes and professional premises.
Held: The court considered the proper procedure to be used when the police wish to search the premises or homes of solicitors for . .
CitedMengesha v Commissioner of Police of The Metropolis Admn 18-Jun-2013
The claimant was an observer at a demonstration in central London. Along with others she was detained within a police cordon. She was told she would not be released until she allowed herself to be photographed. This was done in an aggressive and . .

Cited by:
See AlsoAB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court Admn 4-Jul-2014
The claimant solicitors had successfully challenged search warrants issued by the respondents and been awarded their costs. . .

Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 02 November 2021; Ref: scu.523657