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28 March 2013
Issue: 7554 / Categories: Case law , Law digest
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Judicial review

R (on the application of Hoque) v City of London Magistrates Court and another [2013] All ER (D) 158 (Mar)

It was settled law that it was not the function of the Divisional Court to look for deficiencies in the wording of a search warrant provided that, so far as practicable, the articles for which the search had been authorised had been identified. Further, s 8 of the Police and Criminal Evidence Act 1984 (PACE) fulfilled a purpose which was different to that of s 15 of PACE. While s 8 regulated the requirements for jurisdiction to issue a search warrant and s 8(2) permitted a constable only to remove anything for which the search was authorised by the warrant, s 15 required identification in the warrant of articles for which authority had been given. It followed that it was the responsibility of the justice of the peace to ensure the compliance of the warrant with the requirements of s 15.

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MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

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Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

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