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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll