Source: All England Reporter
Publisher Citation: [2008] All ER (D) 27 (Jun)
Court: Court of Appeal, Civil Division
Judge:

Pill, May and Moses LJJ
Representation Rajeev Shetty (instructed by Bircham Dyson Bell LLP) for the defendant.
  The claimant appeared in person.
Judgment Dates: 4 June 2008

Catchwords

Police - Powers - Right of search - Right of search and seizure - Police officers searching claimant's premises after arrested person giving false name and address - Claimant commencing proceedings alleging that search of his premises unlawful - Judge finding that police not entitled to search claimant's premises - Whether judge erring - s 18.

The Case

Where the claimant's premises had been searched by police officers after an arrested person, K, had given a false name and address, the judge had been correct in concluding that applying a literal approach to s18 of the it could not be proved that K had either occupied or controlled the claimant's premises, and that therefore police officers had not been entitled to search the claimant's home. There was no justification for reading s18 of the 1984 Act other than in accordance with its plain words. There was nothing absurd in the construction favoured by the judge. The power conferred by s18 was more limited than the defendant had contended.

Practice Areas

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