||All England Reporter
|| All ER (D) 268 (Jul)
|| EWHC 2119 (Admin)
||Queen's Bench Division, Divisional Court
Leveson LJ and Ouseley J (Judgment delivered extempore)
||Rupert Bowers (instructed by Faradays) for the claimants.
||Fiona Barton (instructed by SOCA's Legal Department) for the defendant.
||27 July 2010
Serious Organised Crime Agency - Powers - Power to seize and retain property relevant to criminal proceedings - Material seized from claimants' home addresses on authority of search warrants issued in course of ongoing criminal investigation - Defendant agency acknowledging execution of warrants unlawful - Unlawfully obtained material being seized by agency at police station - Material being signed off and receipt given - Whether statutory authority for agency's actions - s 19.
Serious Organised Crime Agency Powers. The Divisional Court held, in allowing the instant application for judicial review, that s19 of the could not be relied upon by the defendant (SOCA) so as to enable it to seize property that had been unlawfully obtained. There was also no authority for the proposition that SOCA could convert unlawful possession to lawful possession by seeking a receipt for the return of the property.
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