||All England Reporter
|| All ER (D) 28 (Feb)
|| EWHC 522 (Admin)
||Queen's Bench Division, Divisional Court
Elias LJ and Calvert Smith J (Judgment delivered extempore)
||Alun Jones QC and Amanda Jones (instructed by Bhogal Partners, Hounslow) for the claimants.
||The first defendant did not appear and was not represented.
||John Beggs QC and Rajeev Shetty (instructed by the Department of Legal Services, Metropolitan Police) for the Commissioner.
||3 February 2010
Police - Search warrant - Extent of police powers under warrant - Execution of warrant without identification of addresses to be searched - Police officers providing owner/occupier of premises with copy warrant pursuant to requirements of statutory regime - Officers filling out box on copy warrant identifying premises to be searched - Whether practice consistent with statutory regime - Whether searches lawful - ss 15, 16.
Police Search warrant. The Divisional Court held, in allowing the instant application for judicial review, that a Schedule of premises to be searched was a crucial and integral part of a search warrant, but that where a Schedule was not provided with a copy warrant, it was not acceptable for an officer to fill out a box on the same in order to comply with the relevant provisions in PtII of the as, in such situations, a householder would not know whether a search of his-her premises was or was not lawful. The Court also commented that the relevant Home Office guidance authorising such practices was wrong.
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