header-logo header-logo

12 June 2008
Issue: 7325 / Categories: Case law , Public , Law digest
printer mail-detail

CRIMINAL LITIGATION

Redknapp v Metropolitan Police Commissioner [2008] EWHC 1177 (Admin) [2008] All ER (D) 319 (May)

The obtaining of a search warrant under s 8 of the Police and Criminal Evidence Act 1984 (PACE) is never to be treated as a formality. All the material necessary to justify the grant of a warrant should be contained in the information provided on the application form. If the magistrate (or judge in the case of an application under s 9), requires any further information in order to satisfy himself that the warrant is justified, a note should be made of the additional information so that there is a proper record of the full basis upon which the warrant was granted.

If the application for the warrant does not identify which of the conditions in s 8(3) is being relied on, the issue of the warrant will be unlawful. While PACE distinguishes between a “specific premises warrant” and an “all premises warrant”, a single warrant may include both types provided that the relevant information is given to the magistrate. For the execution of the warrant to be lawful under s 16(5), the householder must be satisfied not only that there is a warrant in existence, but that it refers to his address.

Issue: 7325 / Categories: Case law , Public , Law digest
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll