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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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The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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