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28 November 2013 / David Corker
Issue: 7586 / Categories: Opinion , Profession
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Unwarranted behaviour

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Are warrants worth the paper they’re written on, asks David Corker

The judgment of the Admin Court in R v Chief Constable of the British Transport Police [2013] EWHC 2189 is a disturbing read for those concerned with upholding the quality of our justice system. This case concerns two firms of London-based criminal defence solicitors against whom in mid-2012, the British Transport Police (BTP) obtained and executed search warrants under s 9 and Sch 1 of the Police and Criminal Evidence Act 1984. Both firms subsequently sought a judicial review and succeeded in having the warrants quashed.

Searching for sleepers

The story begins with the decision of the police to apply to search the home address of a defence solicitor who was representing a client suspected of stealing railway sleepers. Their suspicion that the solicitor had sought to pervert the course of justice and was conspiring with his client to conceal criminal property was based upon the following exchange between a police officer and the solicitor concerning the whereabouts of the client’s mobile phone:

“While putting on a pair of search gloves, DC Collins

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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