Practice and Procedure

(1) PCJ VAN DER PIJL (2) JPM DE GREEF v KINGSTON CROWN COURT (Defendant) & (1) COMMISSIONER OF THE METROPOLITAN POLICE (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (Interested Parties) (2012)

PUBLISHED December 21, 2012
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[2012] EWHC 3745 (Admin)

A search warrant that did not identify the suspects by name was in breach of the Police and Criminal Evidence Act 1984 s.15(6), even though they were named in supporting material. The warrant had to be judged by reference exclusively to its own terms. A consequent application by the police under the Criminal Justice and Police Act 2001 s.59 for the retention of the seized property should not have been made without notice to the suspects.

DC (Sir John Thomas (President), Wilkie J)

21/12/2012

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