Case provides "salutory warnings" for solicitors, police & circuit judges
Defence solicitors should be on their guard following a “disturbing” case where a lawyer was arrested and his home raided on a warrant granted by a judge.
R v Chief Constable of the British Transport Police [2013] EWHC 2189 contains “salutary warnings” for solicitors, police and circuit judges, writes David Corker, partner at Corker Binning, in this week’s NLJ.
On the basis of an interview transcript showing the solicitor’s reluctance to hand over his client’s phone, the investigating officer successfully sought a search warrant for the solicitor’s home from a circuit judge, and, before two separate circuit judges, a warrant to search two solicitors’ firms involved in the case.
On judicial review, however, the court criticised the officer’s decision and held the three judges should not have granted the warrants on such flimsy evidence.
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