Jersey Judgment

Clarkin v Att. Gen. [1991] JLR 232 (28 August 1991)

Criminal Law Constitutional Law Search and Seizure Search Warrants Police Powers

Citation: [1991] JLR 232
Status: Judgment
Jurisdiction: Jersey
Posture: Judicial Review / Judgment

More details

Posture: Judicial Review / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A search warrant must specify at the time of issue the names of all persons authorized to execute it; issuing a warrant in blank is not permitted under the Misuse of Drugs (Jersey) Law, 1978, art. 17(2).

Court disposition

application allowed

Orders

Search warrant declared invalid for failure to specify names of all persons authorized to execute it.

Material facts

Parties

Clarkin

Applicant

Attorney General

Respondent

Procedural history

Posture

Judicial Review / Judgment

Questions and positions

Legal issues

01
Whether a search warrant issued under Misuse of Drugs (Jersey) Law, 1978, art. 17(2) must specify the names of all persons authorized to execute it at the time of issue
02
Whether there is power to issue a search warrant in blank

Party arguments

Applicant: The search warrant was invalid because it did not specify the names of all persons authorized to execute it as required by law.
Respondent: The warrant was valid and there was no requirement to specify all names at the time of issue.

Court’s reasoning

Legal principles

01
Misuse of Drugs (Jersey) Law, 1978, art. 17(2)

A search warrant issued under Misuse of Drugs (Jersey) Law, 1978, art. 17(2) must specify the names of all persons authorized to execute it at the time of issue; there is no power to issue a warrant in blank.

Ratio, limits and disposition

Ratio decidendi

A search warrant must specify at the time of issue the names of all persons authorized to execute it; issuing a warrant in blank is not permitted under the Misuse of Drugs (Jersey) Law, 1978, art. 17(2).

Court disposition

application allowed

Search warrant declared invalid for failure to specify names of all persons authorized to execute it.

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1991] JLR 232

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BAILII >> Databases >> Jersey Law Reports >> Clarkin v Att. Gen. [1991] JLR 232 (28 August 1991) URL: https://www.bailii.org/je/cases/JLR/1991/JLR910232.html Cite as: [1991] JLR 232 [ New search ] [ Help ] Clarkin v Att. Gen. 1991 JLR 232 (28 August 1991) Police - entry, search and seizure - search warrant - names of all persons authorized to execute warrant issued under Misuse of Drugs (Jersey) Law, 1978, art. 17(2) to be specified in it at time of issue-no power to issue in blank The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1991 JLR 232 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1991/JLR910232.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Misuse of Drugs (Jersey) Law, 1978, art. 17(2)

Legislation

Legislation referenced in the available case record.

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