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20 September 2024 / Jessica Parker
Issue: 8086 / Categories: Features , Criminal , Media , Judicial review , Fraud
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Search & seizure: protecting confidential material

189724
What happens when police seize confidential journalistic material following execution of a search warrant? Jessica Parker explains
  • Examines the law relating to the seizure of confidential material following execution of a search warrant.
  • Discusses the case of R (On the Application of LXP) v Central Criminal Court Commissioner of Police of the Metropolis [2023] EWHC 2824 (Admin), involving the seizure of journalistic material and culminating in judicial review.
  • Highlights the challenge faced by those subjected to searches in seeking to protect confidential material that the investigator had no power to seize.

The law relating to confidential material seized during the execution of a search warrant is likely to interest financial crime lawyers as much as their colleagues at the coalface, given the increasing use of searches by the Serious Fraud Office (SFO). There have been more in the past six months than in the previous director’s entire tenure.

A judgment towards the end of last year examined a number of thorny issues arising from the execution

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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