Category: search & seizure

Pursuing damages for bribery in the civil courts – OUT-LAW.com

Posted February 17th, 2016 in bribery, civil justice, damages, disclosure, fiduciary duty, fraud, news, search & seizure, Supreme Court, victims by michael

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

Full story

OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by tracey

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

Are counter terrorism laws interfering with freedom of the press? – Halsbury’s Law Exchange

Posted November 30th, 2015 in freedom of expression, media, news, police, privilege, search & seizure, terrorism by sally

‘A case of freedom of the press versus counter-terrorism laws? Peter Carter QC at Doughty Street Chambers, examines the police powers used to seize an investigative journalist’s laptop.’

Full story

Halsbury’s Law Exchange, 27th November 2015

Source: www.halsburyslawexchange.co.uk

NCA internal inquiry ‘will not undermine earlier cases’ – the Guardian

Posted November 30th, 2015 in national crime agency, news, search & seizure, warrants by sally

‘The National Crime Agency claims there is little prospect of completed cases being quashed despite having to launch a review into its use of warrants and production orders following the collapse of major trials.’

Full story

The Guardian, 27th November 2015

Source: www.guardian.co.uk

National Crime Agency reviews warrants after major trials collapse – The Guardian

Posted November 27th, 2015 in Crown Prosecution Service, inquiries, national crime agency, news, search & seizure, warrants by sally

‘The National Crime Agency (NCA) has launched an internal inquiry into its use of warrants and production orders following the collapse of major trials, amid warnings that other cases could be in jeopardy.’

Full story

The Guardian, 27th November 2015

Source: www.guardian.co.uk

Code of practice for police and border officials on seizing travel documents – Home Office

Posted February 13th, 2015 in codes of practice, immigration, passports, police, search & seizure by tracey

‘Code of practice for officers exercising functions under Schedule 1 of the Counter-Terrorism and Security Act 2015 in connection with seizing and retaining travel documents.’

Full code

Home Office, 13th February 2015

Source: www.gov.uk/home-office

A worrying new anti-terror law is sneaking through Parliament – The Guardian

Posted January 12th, 2015 in bills, human rights, intelligence services, internet, investigatory powers, news, passports, privacy, search & seizure, terrorism by sally

‘As the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.’

Full story

The Guardian, 9th January 2015

Source: www.guardian.co.uk

HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

Posted December 15th, 2014 in claims management, documents, HM Revenue & Customs, legal profession, news, privilege, search & seizure, warrants by tracey

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

Full story

Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

Regina (Panesar) v Central Criminal Court and another – WLR Daily

Posted August 22nd, 2014 in Crown Court, documents, HM Revenue & Customs, jurisdiction, law reports, search & seizure, warrants by tracey

Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382

‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’

WLR Daily, 14th August 2014

Source: www.iclr.co.uk

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners; Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted June 20th, 2014 in customs and excise, fraud, judicial review, law reports, search & seizure, taxation by tracey

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners: Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners: [2014] UKSC 34; [2014] WLR (D) 262

‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

Posted June 13th, 2014 in customs and excise, fraud, judicial review, law reports, search & seizure, taxation by sally

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com

Posted June 13th, 2014 in customs and excise, fraud, judicial review, news, search & seizure, taxation by sally

‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’

Full story

OUT-LAW.com, 12th June 2014

Source: www.out-law.com

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) – WLR Daily

Posted July 29th, 2013 in banking, criminal justice, disclosure, fraud, law reports, search & seizure, third parties, warrants by sally

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) [2013] EWHC 2128 (QB); [2013] WLR (D) 302

“The Criminal Justice Act 1987 did not prevent the Serious Fraud Office from disclosing, pursuant to a court order in civil proceedings, documents which in the course of an investigation had been provided to it by third parties in response to notices under section 2 of the Act.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Policy allowing cross-gender searches in prisons not unlawful, says High Court – UK Human Rights Blog

Posted April 5th, 2013 in news, prisons, search & seizure, sex discrimination by sally

“The secretary of state’s policy in respect of rub-down searches of prisoners, which allows cross-gender searches in the case of male prisoners but not for female prisoners, does not discriminate against male prisoners on grounds of sex.”

Full story

UK Human Rights Blog, 4th April 2013

Source: www.ukhumanrightsblog.com

Tchenguiz Brothers’ search warrants ruled unlawful – BBC News

Posted August 1st, 2012 in misrepresentation, news, search & seizure, Serious Fraud Office, warrants by sally

“Search warrants issued to the Serious Fraud Office as part of its investigations of property tycoons the Tchenguiz brothers were unlawful and obtained by ‘misrepresentation’, the High Court has ruled.”

Full story

BBC News, 31st July 2012

Source: www.bbc.co.uk

Education Act 2011 – legislation.gov.uk

Posted November 16th, 2011 in education, legislation, search & seizure, teachers by sally

Education Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Education Act 2011: teachers given powers to search pupils – Daily Telegraph

Posted November 16th, 2011 in education, legislation, news, search & seizure, teachers by sally

“Teachers are being given new powers to discipline pupils as part of sweeping Government reforms designed to restore order to the classroom.”

Full story

Daily Telegraph, 15th November 2011

Source: www.telegraph.co.uk

No IPCC action over reggae star raid – The Independent

Posted September 5th, 2011 in complaints, disciplinary procedures, news, police, search & seizure by sally

“Police officers who carried out a raid on the home of Smiley Culture, in which the reggae star died, will not face disciplinary action from the police watchdog.”

Full story

The Independent, 3rd September 2011

Source: www.independent.co.uk

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary – Times Law Reports

Posted July 22nd, 2009 in contempt of court, law reports, police, search & seizure by sally

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary

Queen’s Bench Divisional Court

“A court order requiring the police to return items seized under a search warrant could not be enforced because no time had been set for compliance with the order.”

The Times, 21st July 2009

Source: www.timesonline.co.uk

Police chief escapes jail for refusing to hand over seized material – The Guardian

Posted June 17th, 2009 in contempt of court, expert witnesses, news, police, search & seizure by sally

“A chief constable was criticised by three judges today for defying a high court order to return computer hard drives containing evidence of suspected child abuse to an expert witness.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk