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England and Wales decisions
Decisions matching the current search
On appeal from a county court jury trial, the High Court held that arresting a 16-year-old at school was not unavoidable and was unlawful.
GSX, R (On the Application Of) v The Crown Court at Southwark [2026] EWHC 538 (Admin) (10 March 2026)
The Divisional Court quashed an unlawfully issued search warrant, but refused to order immediate return or destruction of seized material, leaving retention to a s.59 process.
The District Judge applied the wrong legal test by requiring a formal complaint of criminal damage and by treating lawfulness as determinative of whether the officers were acting in the exercise of their functions as emergency workers. The correct test is whether there was reasonable suspicion of an offence and whether the officers were acting in their functions, which does not require lawfulness as a precondition.
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The Master's order granting section 139 leave was not invalidated by the procedural error of being made by a Master, as the de facto authority doctrine applied. Procedural failings by the Claimant did not amount to abuse of process or justify strike out. There were factual disputes unsuitable for summary judgment. The threshold for section 139 leave was met as the claim was arguable and not vexatious.
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There was no bad faith or egregious conduct by HMRC sufficient to justify depriving it of the opportunity to apply under s.59 CJPA for retention of the seized items; the errors were serious but resulted from innocent mistakes and were promptly rectified once identified.
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Santos-Coelho, R (On the Application Of) v Carlisle Magistrates Court & Anor [2024] EWHC 875 (Admin) (12 March 2024)
The High Court quashed an unlawful search warrant, refused an adjournment, and allowed retention of seized devices pending a section 59 CJPA 2001 application.
B, Re (Children: Police Investigation) [2022] EWCA Civ 982 (15 July 2022)
The Court of Appeal held that the Family Court could not restrain police from interviewing children for a criminal investigation, and set aside the injunction.
The High Court allowed a false imprisonment appeal by a 14-year-old, holding that the arrest and detention were unlawful because officers failed to properly assess necessity and the child’s welfare.
ST v The Chief Constable of Nottinghamshire Police [2022] EWHC 1280 (QB) (26 May 2022)
High Court appeal on a 14-year-old's arrest and detention for robbery. The court held the arrest and custody were lawful under PACE, despite strong criticism of the police conduct.
Overd & Ors v The Chief Constable of Avon And Somerset Constabulary [2021] EWHC 3100 (QB) (19 November 2021)
High Court appeal by four street preachers dismissed. The court held the arrests were lawful, proportionate, and supported by reasonable suspicion amid imminent disorder.
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