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 warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in failing to be satisfied that there were reasonable grounds for the issue of the warrant.
Judges:
Moses LJ, Kenneth Parker J
Citations:
[2013] EWHC 528 (Admin)
Links:
Statutes:
Police and Criminal Evidence Act 1984 8, Customs and Excise Management Act 1979 1 70(1)(a), Misuse of Drugs Act 1971
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Chief Constable of Lancashire Ex Parte Parker and Another QBD 27-May-1992
Officers conducting a search presented 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 . .
Cited – McGrath v Chief Constable of the Royal Ulster Constabulary and Another HL 12-Jul-2001
Police were not liable for false imprisonment after arresting a person named in a warrant which had been issued by another police force as a result of one person who was arrested falsely giving the other person’s name. The warrant might have been . .
Cited – Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Cited – Redknapp and Another v Commissioner of the City of London Police and Another Admn 23-May-2008
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 . .
Cited – Van 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. . .
Cited – Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another Admn 16-Nov-2011
The claimants challenged the legality of the issue and execution of search warrants issued on the request of the respondent.
Held: The search was executed unlawfully, but the relief granted was confined to a declaration. . .
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 – Gittins v Central Criminal Court Admn 14-Jan-2011
The claimant sought judicial review of decisions to issues search warrants to HMRC in respect of his premises. HMRC wanted to look for evidence of tax avoidance schemes which it thought might be unlawful. Until the morning of the hearing, HMRC . .
Cited – Power-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. . .
Lists of cited by and citing cases may be incomplete.
Police, Magistrates
Updated: 06 February 2022; Ref: scu.472813