Gedman v Cheshire Constabulary & Anor [2023] EWHC 723 (KB) (30 March 2023)

Gedman v Cheshire Constabulary & Anor [2023] EWHC 723 (KB) (30 March 2023)

The High Court cannot order the return of property seized under a warrant unless the warrant is first quashed by judicial review; police retention of property is lawful under PACE; no injunction is needed to preserve body worn footage as the police are already obliged to retain it; the correct forum for disclosure of the warrant and supporting evidence is the magistrates court, not the High Court.

Citation
[2023] EWHC 723 (KB)
Parties
Claimant: Catherine Gedman; First Respondent: Chief Constable of Cheshire Constabulary; Second Respondent: Carlisle Magistrates Court
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
High Court Civil Application / Interlocutory Applications Prior to Commencement of Substantive Proceedings
Outcome
Applications dismissed and struck out as abuse of process.
Legal Topics
Interim Injunctions, Return of Seized Property, Pre Action Disclosure, Police Powers of Seizure and Retention, Legality of Warrants, Disclosure From Magistrates Court
Civil Procedure Police Law Judicial Review Interim Injunctions Return of Seized Property Pre Action Disclosure Police Powers of Seizure and Retention Legality of Warrants +1 more

Case Brief

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Parties

Catherine Gedman

Claimant

Chief Constable of Cheshire Constabulary

First Respondent

Carlisle Magistrates Court

Second Respondent

Procedural Posture

High Court Civil Application / Interlocutory Applications Prior to Commencement of Substantive Proceedings

Legal Issues

  1. 1 Whether the High Court can order the return of property seized under a warrant not quashed by judicial review
  2. 2 Whether an injunction should be granted to preserve body worn camera footage
  3. 3 Whether bail conditions can be removed by the High Court

Ratio Decidendi

The High Court cannot order the return of property seized under a warrant unless the warrant is first quashed by judicial review; police retention of property is lawful under PACE; no injunction is needed to preserve body worn footage as the police are already obliged to retain it; the correct forum for disclosure of the warrant and supporting evidence is the magistrates court, not the High Court.

Court Disposition

Applications dismissed and struck out as abuse of process.

Orders

  • The application of January 12th 2023 is dismissed.
  • The application of March 20th 2023 is struck out as against both respondents.