S & Ors, R (on the application of) v British Transport Police & Anor (Rev 1) [2013] EWHC 2189 (Admin) (20 June 2013)

S & Ors, R (on the application of) v British Transport Police & Anor (Rev 1) [2013] EWHC 2189 (Admin) (20 June 2013)

The search warrants were unlawful because the Informations failed to provide a proper factual basis for the statutory criteria, did not make full and frank disclosure, and did not adequately address the risk of seizing material subject to legal professional privilege or excluded material. The warrants were drafted too widely, and the execution sought material beyond what was authorised. The statutory safeguards under PACE were not complied with, rendering the warrants and searches unlawful.

Citation
[2013] EWHC 2189 (Admin)
Parties
Claimant: S, F and L; First Defendant: Chief Constable of the British Transport Police; Second Defendant: Southwark Crown Court
Jurisdiction
England and Wales
Judgment Date
20 June 2013
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claims allowed; search warrants quashed.
Legal Topics
Search Warrants, Police and Criminal Evidence Act 1984 (pace), Legal Professional Privilege, Special Procedure Material, Excluded Material, Judicial Safeguards, Disclosure Obligations
Criminal Law Judicial Review Police Powers Legal Professional Privilege Search Warrants Police and Criminal Evidence Act 1984 (pace) Special Procedure Material Excluded Material +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

S, F and L

Claimant

Chief Constable of the British Transport Police

First Defendant

Southwark Crown Court

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the search warrants issued under section 9 and Schedule 1 of PACE in respect of solicitors' premises and documents were lawfully granted and executed
  2. 2 Whether the warrants unlawfully authorised seizure of material subject to legal professional privilege (LPP)
  3. 3 Whether the statutory requirements and procedural safeguards under PACE were complied with

Ratio Decidendi

The search warrants were unlawful because the Informations failed to provide a proper factual basis for the statutory criteria, did not make full and frank disclosure, and did not adequately address the risk of seizing material subject to legal professional privilege or excluded material. The warrants were drafted too widely, and the execution sought material beyond what was authorised. The statutory safeguards under PACE were not complied with, rendering the warrants and searches unlawful.

Court Disposition

Claims allowed; search warrants quashed.

Orders

  • The search warrant issued on 15 May 2012 in respect of S's home is quashed.
  • The search warrants issued on 1 June 2012 in respect of the professional premises of F and L are quashed.