The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an order under section 352 of the 2002 Act had not been met.
Held: there was a manifest failure to provide full and frank information in this case. The judge would have had no inkling of the nature and quality of the past dealings between these claimants and the police. Though it fell short of misrepresentation, but it was impossible to say that full disclosure would have made no difference to the outcome, and ‘the proposition that the warrant can only be set aside where the court is satisfied that the decision would have been different is wrong in principle, and is not supported by the authorities’ The warrant should be set aside because there was material non-disclosure which may well have led the judge to issue a warrant which, had there been full candour, he would have refused to issue.
Elias LJ, Ouseley J
[2014] EWHC 2523 (Admin)
Bailii
Criminal Justice and Police Act 2001 50, Proceeds of Crime Act 2002 352 353
England and Wales
Citing:
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Regina v Lewes Crown Court ex parte Hill 1991
Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a . .
Cited – Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co Admn 12-May-1999
The applicant sought judicial review of a decision to grant a search warrant in respect of his offices, saying that the material covered was protected by legal privilege. The warrant had been unavailable under section 8 because of the privilege, and . .
Cited – Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others Admn 13-Nov-2008
The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there . .
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 – Wood v North Avon Magistrates Court Admn 10-Nov-2009
The claimant sought to have quashed a search warrant issued by the respondent.
Held: A judge issuing a warrant needs to give reasons for his decision. They need not be elaborate but they ought to be sufficient to enable the subject of the . .
Cited – Stanford 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 . .
Cited – British Sky Broadcasting Ltd and Others, Regina (on The Application of) v Chelmsford Crown Court Admn 17-May-2012
There had been a substantial eviction of travellers from Dale Farm. It had attracted widespread coverage by media organisations, among whom, the claimants sought to challenge production orders made by the respondent court for their films.
Cited – Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another Admn 31-Jul-2012
The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation.
Held: The search warrants were set aside: ‘the fact that one or more suspects have . .
Cited – Zinga and Another v Regina CACD 7-Nov-2012
The appellants challenged the manner in which search warrants had been obtained against them. . .
Cited – Goode, Regina (on The Application of) v The Crown Court At Nottingham Admn 20-Jun-2013
The claimant challenged the validity of search warrants. He was being investigated on suspicion of conspiracy to pervert the course of justice. That allegation was later dropped. . .
Disapproved – Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another Admn 25-Mar-2014
The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation.
Held: A decision to claim . .
Cited – J v Crown Prosecution Service CA 24-Jun-2005
The defendant had been made subject to a criminal restraint order so as to preserve his assets pending the outcome of criminal proceedings. He complained that the order affected property which was not his.
Held: Such an order could cover . .
Cited – Serious Fraud Office v A CACD 2-Aug-2007
The Director said the Judge had been wrong to discharge on grounds of want of disclosure a restraint order previously made ex parte under the Proceeds of Crime Act at the request of a foreign investigator.
‘The proper approach is to consider . .
Cited – Burgin and Purcell v Commission of Police for The Metropolis and Others Admn 13-Jul-2011
The applicants renewed the applications for leave to bring judicial review of decisions to seek and to issue search warrants, and later decisions to arrest them.
Held: When considering the validity of a search warrant the warrant as a whole . .
Cited – Zinga and Another v Regina CACD 7-Nov-2012
The appellants challenged the manner in which search warrants had been obtained against them. . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Windsor v Bristol Crown Court and Another Admn 27-Jul-2011
The claimants, including a solicitor, had challenged by way of judicial review decision to issue search warrants. Orders had been granted limiting certain aspects of the orders and injuncting the Revenue against examination etc of documents already . .
Approved – Dulai and Others, Regina (on The Application of) v Chelmsford Magistrates’ Court and Another Admn 26-Apr-2012
The claimants challenged the issue of search and seizure warrants.
Held: Stanley Burnton LJ set out the principle which the courts ought to apply in the context of search warrants: ‘The question for this court, in judicial review proceedings, . .
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 – 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: . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 01 November 2021; Ref: scu.535299
