Jordan, R (On the Application Of) v Chief Constable of Merseyside Police & Anor

The police breached their duty of disclosure regarding the outcome of a previous search and subsequent visits, but the non-disclosure was not material as the information that should have been disclosed could not reasonably have led the magistrate to refuse the warrant given the independent and recent intelligence supporting suspicion.

Parties: Claimant: Paul Jordan; First Defendant: Chief Constable of Merseyside Police; Second Defendant: Sefton Magistrates’ Court
Jurisdiction: England and Wales
Judgment Date: 07 September 2020
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Search Warrants, Disclosure Obligations, Material Non Disclosure, Misuse of Drugs Act, Public Interest Immunity

Criminal Law Administrative Law Judicial Review Search Warrants Disclosure Obligations Material Non Disclosure Misuse of Drugs Act Public Interest Immunity

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Parties

Paul Jordan

Claimant

Chief Constable of Merseyside Police

First Defendant

Sefton Magistrates’ Court

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the police failed to disclose material information in the application for a search warrant
2 Whether any non-disclosure was material and could reasonably have led the magistrate to refuse the warrant

Ratio Decidendi

Court Disposition

Claim dismissed