The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act.
Held: The 1984 Act did not replace entirely the common law powers of the police in collecting evidence. Common law had allowed a police officer exercising an arrest warrant also to search the premises in which he was found. The 1984 Act itself did not create powers capable of being used in this way. The sections were confined to domestic offences. The common law powers remained for international offences.
Hutton L said: ‘It is a well established principle that a rule of the common law is not extinguished by a statute unless the statute makes this clear by express provision or by clear implication.’
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Rodger of Earlsferry
Times 21-May-2002, [2002] UKHL 20, [2002] 2 AC 692, [2002] ACD 69, [2002] 2 WLR 1315, [2002] 2 All ER 865, [2002] HRLR 32, 12 BHRC 329
House of Lords, Bailii
Extradition Act 1989 8, Police and Criminal Evidence Act 1984 18 19
England and Wales
Citing:
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 – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Appeal from – Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department Admn 24-Jul-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 . .
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 by:
Applied – Regina (Hewitson) v Chief Constable of Dorset Police and another QBD 18-Dec-2003
The claimant had been arrested under an extradition warrant. He complained that the police took the opportunity to search his girflriend’s nearby flat. The police responded that the search was conducted under a common law power of search attached to . .
Cited – Durant v Financial Services Authority CA 8-Dec-2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his . .
Appealed to – Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department Admn 24-Jul-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 . .
Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.
Police, Extradition, Constitutional
Leading Case
Updated: 02 November 2021; Ref: scu.170324