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12 June 2008
Issue: 7325 / Categories: Case law , Public , Law digest
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CRIMINAL LITIGATION

Khan v Metropolitan Police Commissioner [2008] All ER (D) 27 (Jun)

A suspect arrested by the police gave a false name and address. A search of that address—the claimant’s home—was authorised by an inspector under PACE, s 18. The claimant brought civil proceedings against the police, alleging that the search of his home was unlawful because it could not be proved that the original suspect had either occupied or controlled the claimant’s premises and so the police were not entitled to search the claimant’s premises.

HELD There is no justification for reading PACE, s 18 otherwise than in accordance with its plain words. Premises must be occupied or controlled by the person under arrest if a search under PACE, s 18 is to be lawful. A reasonable belief that the premises are so occupied or controlled is not sufficient.

Issue: 7325 / Categories: Case law , Public , Law digest
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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
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