Bates & Anor v Chief Constable of the Avon and Somerset Police & Anor

Bates & Anor v Chief Constable of the Avon and Somerset Police & Anor

Given the claimant's longstanding role as an expert witness, neither the officers nor the justice could have been satisfied there were reasonable grounds for believing all computers at the premises would not contain material subject to legal privilege or special procedure material. The warrant was unlawfully issued and the search and seizure were unlawful.

Parties
First Claimant: Terence James Bates; Second Claimant: Joan Bates; First Defendant: Chief Constable of the Avon and Somerset Police; Second Defendant: Bristol Magistrates’ Court
Jurisdiction
England and Wales
Judgment Date
08 May 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; search warrant quashed; declaration granted.
Legal Topics
Search Warrants, Legal Privilege, Expert Evidence, Conspiracy, Seizure of Evidence
Criminal Law Judicial Review Search and Seizure Search Warrants Legal Privilege Expert Evidence Conspiracy Seizure of Evidence

Case Brief

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Parties

Terence James Bates

First Claimant

Joan Bates

Second Claimant

Chief Constable of the Avon and Somerset Police

First Defendant

Bristol Magistrates’ Court

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the search warrant was lawfully issued under section 8 of PACE
  2. 2 Whether there were reasonable grounds for believing seized material did not include items subject to legal privilege or special procedure material
  3. 3 Whether the warrant was oppressively wide and lacked specificity

Ratio Decidendi

Given the claimant's longstanding role as an expert witness, neither the officers nor the justice could have been satisfied there were reasonable grounds for believing all computers at the premises would not contain material subject to legal privilege or special procedure material. The warrant was unlawfully issued and the search and seizure were unlawful.

Court Disposition

Claim allowed; search warrant quashed; declaration granted.

Orders

  • The search warrant is quashed.
  • Declaration that entry and search of the premises and seizures made were unlawful.