Lawson v. Procurator Fiscal Peterhead [2005] ScotHC HCJAC_80 (17 June 2005)

Lawson v. Procurator Fiscal Peterhead [2005] ScotHC HCJAC_80 (17 June 2005)

The information provided to the Justice of the Peace was sufficient to establish reasonable grounds for suspicion under section 23(3) of the Misuse of Drugs Act 1971. The omission of Amanda Jane Alexander's address in Peterhead did not undermine the lawfulness of the warrant, nor did it demonstrate bad faith. The presumption that the warrant was lawfully granted was not rebutted.

Citation
[2005] ScotHC HCJAC_80
Parties
Complainer: Gary Lawson; Respondent: Procurator Fiscal, Peterhead
Jurisdiction
Scotland
Judgment Date
17 June 2005
Procedural Posture
Bill of Suspension / Appeal
Outcome
Bill refused
Legal Topics
Search Warrants, Misuse of Drugs Act 1971, Suspension of Warrant, Reasonable Suspicion, Police Procedure
Criminal Law Search Warrants Misuse of Drugs Act 1971 Suspension of Warrant Reasonable Suspicion Police Procedure

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Parties

Gary Lawson

Complainer

Procurator Fiscal, Peterhead

Respondent

Procedural Posture

Bill of Suspension / Appeal

Legal Issues

  1. 1 Whether the search warrant was granted on erroneous or incomplete information
  2. 2 Whether delay in lodging the Bill amounts to acquiescence
  3. 3 Whether police acted in bad faith by omitting information about Amanda Jane Alexander's address

Ratio Decidendi

The information provided to the Justice of the Peace was sufficient to establish reasonable grounds for suspicion under section 23(3) of the Misuse of Drugs Act 1971. The omission of Amanda Jane Alexander's address in Peterhead did not undermine the lawfulness of the warrant, nor did it demonstrate bad faith. The presumption that the warrant was lawfully granted was not rebutted.

Court Disposition

Bill refused

Orders

  • The Bill of Suspension is refused.