Copp, R (On the Application Of) v Basildon Crown Court

Copp, R (On the Application Of) v Basildon Crown Court

The warrants were sufficiently specific and justified given the context of the investigation; statutory requirements were met or any failures were immaterial and did not invalidate the warrants or searches; removal of property to Northern Ireland was lawful and justified; no material prejudice was identified; permission for judicial review was refused.

Parties
Claimant: The Queen on the application of Copp; Defendant: Basildon Crown Court; Defendant: Essex Police
Jurisdiction
England and Wales
Judgment Date
29 April 2016
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission to apply for judicial review refused.
Legal Topics
Search Warrants, Judicial Review, Money Laundering, VAT Fraud, Police Powers, Seizure of Property
Criminal Law Administrative Law Search Warrants Judicial Review Money Laundering VAT Fraud Police Powers Seizure of Property

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Parties

The Queen on the application of Copp

Claimant

Basildon Crown Court

Defendant

Essex Police

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the warrants lacked specificity as required by section 15(6)(b) of the Police and Criminal Evidence Act 1984
  2. 2 Whether there were reasonable grounds for believing the items sought were likely to be relevant evidence
  3. 3 Whether the warrants were properly endorsed and returned to court as required by statute

Ratio Decidendi

The warrants were sufficiently specific and justified given the context of the investigation; statutory requirements were met or any failures were immaterial and did not invalidate the warrants or searches; removal of property to Northern Ireland was lawful and justified; no material prejudice was identified; permission for judicial review was refused.

Court Disposition

Permission to apply for judicial review refused.

Orders

  • Claimants to pay costs of the AOS assessed at £4,117.40.