Lord Lane CJ expressed reservations as to the construction of this provision: whether the consequence of a breach of section 15 or section 16 or both would render a search of premises under a warrant unlawful and he expressed the tentative view, based on the use of the singular ‘it’, that the unlawfulness referred to the warrant rather than the search, albeit that this would appear to defeat the intention of the framers of the Act.
Judges:
Lord Lane CJ, Boreham and Pill LJJ
Citations:
[1988] 1 WLR 619
Statutes:
Police and Criminal Evidence Act 1984
Jurisdiction:
England and Wales
Cited by:
Not Preferred – Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
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: 07 May 2022; Ref: scu.235714