Global Cash & Carry Ltd, R (on the application of) v Birmingham Magistrates' Court & Ors [2013] EWHC 528 (Admin) (19 February 2013)

Global Cash & Carry Ltd, R (on the application of) v Birmingham Magistrates' Court & Ors [2013] EWHC 528 (Admin) (19 February 2013)

Failure to provide the occupier with a complete copy of the warrant, including the schedule identifying the premises, constitutes non-compliance with sections 15 and 16 of the Police and Criminal Evidence Act 1984 and renders the search and seizure unlawful. Additionally, the magistrates' court applied the wrong legal test, further invalidating the warrant.

Citation
[2013] EWHC 528 (Admin)
Parties
Claimant: Global Cash & Carry Limited; First Defendant: Birmingham Magistrates' Court; Second Defendant: Chief Constable of the West Midlands Police; Interested Party: Commissioners for Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
19 February 2013
Procedural Posture
Judicial Review / Final Judgment on Application to Quash Search Warrant
Outcome
Claim allowed; search warrant quashed; damages to be determined; interim costs order granted.
Legal Topics
Search Warrants, Police and Criminal Evidence Act 1984, Unlawful Search and Seizure, Damages, Costs
Criminal Law Judicial Review Police Powers Search Warrants Police and Criminal Evidence Act 1984 Unlawful Search and Seizure Damages Costs

Case Brief

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Parties

Global Cash & Carry Limited

Claimant

Birmingham Magistrates' Court

First Defendant

Chief Constable of the West Midlands Police

Second Defendant

Commissioners for Revenue & Customs

Interested Party

Procedural Posture

Judicial Review / Final Judgment on Application to Quash Search Warrant

Legal Issues

  1. 1 Whether failure to provide a complete copy of the search warrant (including schedule) to the occupier renders the search and seizure unlawful under PACE 1984 sections 15 and 16
  2. 2 Whether the warrant sufficiently identified the premises and articles to be searched/seized
  3. 3 Whether the magistrates' court applied the correct legal test for issuing the warrant

Ratio Decidendi

Failure to provide the occupier with a complete copy of the warrant, including the schedule identifying the premises, constitutes non-compliance with sections 15 and 16 of the Police and Criminal Evidence Act 1984 and renders the search and seizure unlawful. Additionally, the magistrates' court applied the wrong legal test, further invalidating the warrant.

Court Disposition

Claim allowed; search warrant quashed; damages to be determined; interim costs order granted.

Orders

  • Warrant quashed.
  • Declaration of non-compliance with statutory requirements.