Judicial Review win on all grounds -  Re: issue and execution of search warrants against solicitors.

THE QUEEN (ON THE APPLICATION OF S, F and L) v. CHIEF CONSTABLE OF THE BRITISH TRANSPORT POLICE (First Defendant); THE SOUTHWARK CROWN COURT (Second Defendant) [2013] EWHC 2189 (Admin.)

 

Aitkens L.J. and Silber J. gave judgment jointly.

 

The Court observed that the case raised “serious issues about the proper procedure to be used when the police wish to search the premises or homes of solicitors for documents or other materials when the solicitors are acting for those who are the subject of police investigations”.

 

The focus of the case was on the safeguards identified in section 15(6)(b) of PACE 1984 which requires warrants to properly identify the material that is actually sought. Warrants issuing against solicitors for "computers", "mobile phones" and other similar digital devices are bound to contain LPP material and from now on are liable to be quashed unless the material that is in reality sought, rather than than the place where it might be found, is specified on the warrant.

 

Click here to read the full judgment.

 

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