Practice and Procedure

(1) WAQAR BHATTI (2) SAIMA SADIQ (3) SOHAIL AKHTAR (4) MIDDLESEX COLLEGE LTD v (1) CROYDON MAGISTRATES' COURT (2) COMMISSIONER OF POLICE OF THE METROPOLIS (3) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2010)

PUBLISHED February 3, 2010
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[2010] EWHC 522 (Admin)

A copy of a search warrant issued under the Police and Criminal Evidence Act 1984 s.8 had, on its face, to record the address being searched so that when the occupier was served with the copy he would know for certain that the warrant as issued did indeed cover his premises. The practice of the police to complete the address by hand as a warrant was executed was in breach of s.16(5) of the Act and rendered any entry, search and seizure illegal pursuant to s.15(1), thereby entitling an occupier to the return of any seized property.

DC (Elias LJ, Calvert Smith J)

03/02/2010

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