The police had applied for an order granting access to an accused’s bank account. The Judge ruled that the application should be made inter partes. The Director of Public Prosecutions sought judicial review of that ruling. By the time the case came on for hearing the accused had been convicted, so the ruling could have no relevance to that case.
Held: Despite the fact that no order was still required, the court gave a ruling to assist on future applications. A section 9 application as ‘a lis between the party applying and the party against whom the application was made’.
Citations:
[1987] 1 WLR 1371
Statutes:
Police and Criminal Evidence Act 1984 9
Cited by:
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 – British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 May 2022; Ref: scu.538779