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

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

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Julian Assange: do recent changes to extradition law make any difference? – Head of Legal

Posted August 19th, 2014 in extradition, news, warrants by tracey

‘In a word – no. In a press conference this morning, Julian Assange told reporters a WikiLeaks spokesman could confirm that “I am leaving the embassy soon” and the Ecuadorian Foreign Minister, according to the Guardian “referred to recent changes to the extradition laws in the UK which he believed would mean Mr Assange would not be facing extradition if the case started today.” Notice he did not claim these changes make any actual difference now; merely that they would have made a difference had the case started today. It started (and ended) some time ago, so they make no difference at all.’

Full story

Head of Legal, 18th August 2014

Source: www.headoflegal.com

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Regina (Allensway Recycling Ltd and others) v Environment Agency – WLR Daily

Posted May 29th, 2014 in environmental protection, law reports, notification, warrants, waste by michael

Regina (Allensway Recycling Ltd and others) v Environment Agency [2014] EWHC 1638 (Admin);  [2014] WLR (D)  225

‘Section 108(6) of the Environment Act 1995, when read together with Schedule 18 to that Act, only required seven days’ notice to have been given prior to the issue of a warrant for entry and inspection relating to residential premises where that warrant was to be issued under conditions (a) or (b) of paragraph 2(2) of the Schedule. There was no such notice requirement in relation to a warrant issued under conditions (c), (d) or (e).’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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A third of immigration arrests lead to deportation – BBC News

Posted April 17th, 2014 in immigration, news, statistics, warrants by tracey

‘Just over a third of immigration arrests following tip-offs from the public resulted in deportation in 2013, the Home Office has revealed.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

Full story

UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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John Jenkins: Aylesbury conman builder jailed in absence – BBC News

Posted February 26th, 2014 in construction industry, fraud, news, sentencing, warrants by tracey

‘A builder who conned a “vulnerable and lonely” Hertfordshire widow out of £532,695 has been jailed for six years in his absence.’

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BBC News, 26th February 2014

Source: www.bbc.co.uk

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Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily

Posted November 22nd, 2013 in appeals, EC law, extradition, government departments, law reports, Supreme Court, warrants by tracey

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening): [2013] UKSC 71;   [2013] WLR (D)  446

‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

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Sakalis (Appellant) v Ministry of Justice, Lithuania (Respondent); Lavrov (Respondent) v Ministry of Justice, Estonia (Appellant); Bucnys (Appellant) v Ministry of Justice, Lithuania (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, extradition, government departments, law reports, Supreme Court, warrants by sally

Sakalis (Appellant) v Ministry of Justice, Lithuania (Respondent); Lavrov (Respondent) v Ministry of Justice, Estonia (Appellant); Bucnys (Appellant) v Ministry of Justice, Lithuania (Respondent) [2013] UKSC 71 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

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Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

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Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily

Posted November 4th, 2013 in drug trafficking, EC law, extradition, law reports, warrants by sally

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415

“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”

WLR Daily, 31st October 2013

Source: www.iclr.co.uk

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Foreign suspect accused of double murder delays extradition with human rights appeal – Daily Telegraph

“An alleged double gang murderer wanted for trial in eastern Europe has stalled his extradition for two years over his ‘human rights’, it can be disclosed.”

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Daily Telegraph, 28th September 2013

Source: www.telegraph.co.uk

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Five jailed over theft of 40 anti-tank mines in Warrington – BBC News

Posted September 17th, 2013 in explosives, gangs, handling stolen goods, news, sentencing, theft, warrants, weapons by sally

“Five men have been jailed over the theft of 40 anti-tank mines from a Ministry of Defence freight train.”

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BBC News, 16th September 2013

Source: www.bbc.co.uk

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Thousands fail to appear in court in Wales in 2012 – BBC News

Posted August 12th, 2013 in costs, courts, delay, freedom of information, news, statistics, Wales, warrants by sally

“Thousands of defendants failed to appear at courts in Wales last year, causing ‘significant and costly’ problems, BBC Wales has learnt.”

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BBC News, 12th August 2013

Source: www.bbc.co.uk

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Urgent appeals in warrant suspension cases – NearlyLegal

Posted August 2nd, 2013 in appeals, civil procedure rules, housing, news, repossession, warrants by sally

“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”

Full story

NearlyLegal, 1st August 2013

Source: www.nearlylegal.org.uk

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Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily

Regina (S and others) v Chief Constable of the British Transport Police [2013] EWHC 2189 (Admin); [2013] WLR (D) 312

“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”

WLR Daily, 23rd July 2013

Source: www.iclr.co.uk

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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

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

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Decision on EU crime and justice measures – Home Office

Posted July 10th, 2013 in EC law, extradition, news, police, veto, warrants by sally

“The Home Secretary has confirmed the UK will opt out of EU policing and criminal justice measures and seek to rejoin those that keep the UK safe.”

Full story

Home Office, 9th July 2013

Source: www.gov.uk/home-office

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Smiley Culture inquest finds reggae star died from self-inflicted stab-wound – The Guardian

Posted July 3rd, 2013 in inquests, news, police, suicide, warrants by sally

“Reggae star Smiley Culture died from a self-inflicted stab wound to the chest during a police raid at his home, an inquest jury has found.”

Full story

The Guardian, 2nd July 2013

Source: www.guardian.co.uk

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French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily

Posted June 20th, 2013 in appeals, EC law, extradition, law reports, Privy Council, time limits, warrants by sally

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal [2013] UKPC 16; [2013] WLR (D) 241

“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

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