| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 268 (Jul) |
| Neutral Citation: | [2010] EWHC 2119 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Leveson LJ and Ouseley J (Judgment delivered extempore) |
| Representation | Rupert Bowers (instructed by Faradays) for the claimants. |
| Fiona Barton (instructed by SOCA's Legal Department) for the defendant. | |
| Judgment Dates: | 27 July 2010 |
Catchwords
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.
The Case
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.
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
