Ex parte Gross, Jack Louis , Gross, Robert Hadley and Gross, Doreen R v The Crown Court at Southwark, The Commissioner of the Police for the Metropolis, and The Secretary of State
Date
24 July 1998
Legislation
Police and Criminal Evidence Act 1988
Keywords
search warrants; evidence; admissibility
Counsel
Mr Alun Jones QC, Miss L Saffian, Mr S Freeland, Mr J Turner QC
Solicitors
Goldsmiths
Judge
Brooke LJ and Rougier J
Court
Queen's Bench Division, RCJ
Reported
[1998] COD 445
Summary
Judicial review of the issue and execution of a search warrant. The safeguards of subject's privacy and liberty in PACE are to be meticulously adhered to, however onerous or time consuming.
Warrant applied for by police at behest of Secretary of State who was acting on request from US authorities to seize documents relating to a fraud in the US. Warrant was for search of D's father's house. Breaches of PACE 1984 and common law duties found:
- Application not authorised by officer of rank of inspector or above.
- Failure to make sufficient enquiry into the character and health of subject of warrant. His good character contraindicated the need for a warrant.
- Distorted account of the financial value of the alleged fraud given to the judge.
- Failure to make full and frank disclosure of all relevant facts e.g. D's partial co-operation
- Failure to realistically assess whether service of a notice to produce the documents would seriously prejudice the investigation.
- Warrant included "excluded material" (medical records), for which a different application must be made.
- Judge authorised removal of seized material from premises in order to sift out privileged material: legally privileged material should not be removed.
- Failure of judge to give reasons for issuing the warrant.
- No officer of rank of inspector or above present at execution of warrant.
- Unauthorised entry into premises of CIA officer. Officer should either have been named on warrant, or his status and identity should have been revealed to occupant and permission obtained prior to entry. Unlawfulness of presence aggravated by immediate offer of immunity for co-operation.
Decision
Warrant unlawful and documents returned. Costs and damages awarded against police.