References: Unreported, 7 April 1998
Coram: Pill LJ
A request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting Bingham LJ in ex parte Hill that the judge ‘should be told anything to the knowledge to the party applying which might weigh against making an order’. Pill LJ was critical of the width and lack of clarity of the particular warrants.
This case cites:
- Cited – Regina -v- Lewes Crown Court ex parte Hill ([1991] 93 Cr App R 60)
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 . .
This case is cited by:
- Cited – Energy Financing Team Ltd and others -v- The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn (Bailii, [2005] EWHC 1626 (Admin), [2006] 1 WLR 1316)
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. . .
