header-logo header-logo

22 June 2018 / Michael Zander KC
Issue: 7798 / Categories: Features , Criminal
printer mail-detail

Search warrants: you’re under review...

nlj_7798_zander

Michael Zander QC distils current Law Commission proposals for a major reform of search warrant law

The Law Commission this month published a wide-ranging, 341-page consultation paper on what needs to be done about search warrant law. The consultation will run until 5 September.

The project, undertaken at the request of the Home Office, was triggered by judicial comments that search warrant law was unnecessarily complex, liable to give rise to challenges and in need of reform. There had been some 50 judicial reviews concerning search warrants since 2010. The cost of a defective search warrant could be significant ‘with entire investigations collapsing and potentially millions incurred by public bodies on legal fees and damages’. (para.1.2)

The consultation paper (No.235, www.lawcom.gov.uk/project/search-warrants/) poses 63 questions. Thirty-six of these are in the form of what it calls ‘provisional proposals’:

  • The statutory safeguards in PACE, ss 15 and 16 should apply to all criminal investigation search warrants. (Q.1)
  • Anyone who applies for a criminal investigation search warrant should be bound by Code B
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll