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28 November 2013 / David Corker
Issue: 7586 / Categories: Opinion , Profession
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Unwarranted behaviour

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Are warrants worth the paper they’re written on, asks David Corker

The judgment of the Admin Court in R v Chief Constable of the British Transport Police [2013] EWHC 2189 is a disturbing read for those concerned with upholding the quality of our justice system. This case concerns two firms of London-based criminal defence solicitors against whom in mid-2012, the British Transport Police (BTP) obtained and executed search warrants under s 9 and Sch 1 of the Police and Criminal Evidence Act 1984. Both firms subsequently sought a judicial review and succeeded in having the warrants quashed.

Searching for sleepers

The story begins with the decision of the police to apply to search the home address of a defence solicitor who was representing a client suspected of stealing railway sleepers. Their suspicion that the solicitor had sought to pervert the course of justice and was conspiring with his client to conceal criminal property was based upon the following exchange between a police officer and the solicitor concerning the whereabouts of the client’s mobile phone:

“While

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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