UK search warrants following an International Letter of Request (R (on the application of Terra Services Ltd) v NCA): Lexis Nexis Analysis – 5SAH

‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’

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5SAH, 27th July 2020

Source: www.5sah.co.uk

German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH

Posted July 8th, 2020 in courts, foreign jurisdictions, international law, news, warrants by sally

‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’

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5SAH, 2nd July 2020

Source: www.5sah.co.uk

Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth) – 5SAH

Posted June 23rd, 2020 in coronavirus, detention, extradition, habeas corpus, news, time limits, warrants by sally

‘This case concerns the impact of the coronavirus (COVID19) pandemic on the execution of European Arrest Warrants (EAWs). Extradition is presently impossible due to travel restrictions that have been imposed across Europe. The judgment considered the legality of repeated short-term extensions to the ten-day period in which extradition on an EAW must take place. Under Article 23 of the Framework Decision, extradition can be lawfully postponed where there are serious humanitarian reasons to do so, or where removal is prevented by circumstances beyond the control of any Member State. The court held that the coronavirus pandemic is capable of satisfying either criteria. A requested person is not entitled to be notified of any application to extend the extradition period, or to make representations at a hearing. However, in the present circumstances it is good practice to notify a requested person of any extension and to allow them access to legal representation.’

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5SAH, 23rd June 2020

Source: www.5sah.co.uk

Police to reform approach to search warrants following backlash to failed Operation Midland paedophile investigation – The Independent

‘Police are overhauling the way they handle search warrants following the botched Operation Midland investigation into what was wrongly thought to be a Westminster paedophile ring.’

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The Independent, 6th March 2020

Source: www.independent.co.uk

Extradition and International update: December 2019 – 5SAH

Posted December 10th, 2019 in EC law, extradition, news, transfer of prisoners, warrants by sally

‘The newsletter features the following articles:

Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’

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5SAH, December 2019

Source: 5sah.cmail19.com

The problem with the Rights of Entry (Gas and Electricity Boards Act 1954) – No. 5 Chambers

Posted October 31st, 2019 in energy, injunctions, news, warrants by sally

‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’

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No. 5 Chambers, 23rd October 2019

Source: www.no5.com

Carl Beech: Judge suggests he was ‘misled’ over VIP abuse search warrants – BBC News

‘A judge who granted search warrants in the Met’s discredited VIP paedophile inquiry has agreed with a report that concluded he was “misled” by police.’

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BBC News, 9th October 2019

Source: www.bbc.co.uk

Warrants of possession – fresh grounds and Equality Act defences – Nearly Legal

Posted September 26th, 2019 in landlord & tenant, news, rent, repossession, warrants by tracey

‘Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the allegations of ASB, even if the court would be minded to stay the warrant on the arrears. This was the approach in Sheffield City Council v Hopkins (2001) EWCA Civ 1023, which suggested a summary approach to fact finding in such cases.’

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Nearly Legal, 22nd September 2019

Source: nearlylegal.co.uk

Police may have broken law during Carl Beech investigation – ex-judge – The Guardian

‘A retired high court judge, whose review found a catalogue of failings in Scotland Yard’s £2.5m inquiry into false claims about a VIP paedophile ring made by a former nurse, says the police may have broken the law during their investigation.’

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The Guardian, 30th July 2019

Source: www.theguardian.com

MI5 engaged in ‘extraordinary and persistent illegality’ whilst handling personal data, High Court hears – Daily Telegraph

‘MI5 has been unlawfully holding people’s data collected through surveillance or hacking programmes, the high court has been told.’

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Daily Telegraph, 11th June 2019

Source: www.telegraph.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

‘MI6 conman’ Mark Acklom extradited to UK after years on the run – Daily Telegraph

Posted February 25th, 2019 in extradition, fraud, national crime agency, news, warrants by tracey

‘One of Britain’s most wanted fugitives has been extradited from Switzerland to the UK.’

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Daily Telegraph , 22nd February 2019

Source: www.telegraph.co.uk

Kathleen Griffin death: Torture killer ‘could have been stopped’ – BBC News

‘A woman was tortured and killed by a man who authorities should have stopped from living with her, a report said.’

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BBC News, 7th February 2019

Source: www.bbc.co.uk

What does the Brexit Withdrawal Agreement mean for the European Arrest Warrant? Read the small print… – Doughty Street Chambers

Posted December 12th, 2018 in brexit, EC law, extradition, news, warrants by sally

‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’

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Doughty Street Chambers, 27th November 2018

Source: insights.doughtystreet.co.uk

Latvian human trafficking gang jailed for East Midlands plot – Crown Prosecution Service

‘Nine members of an organised crime group based in the East Midlands and Latvia have been jailed for human trafficking offences against 28 victims.’

Full press release

Crown Prosecution Service, 7th November 2018

Source: www.cps.gov.uk

No-deal Brexit will make it harder to bring foreign criminals to justice, police leader warns – Daily Telegraph

Posted September 19th, 2018 in brexit, criminal justice, criminal records, EC law, news, police, warrants by sally

‘A no-deal Brexitwill make it harder to bring the two Russian agents responsible for the Novichok attack to justice, one of the country’s most senior police officers has said.’

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Daily Telegraph, 18th September 2018

Source: www.telegraph.co.uk

Ministers accused of issuing ‘torture warrants’ to spies – The Guardian

‘Ministers are routinely providing legal cover for the intelligence services where there is a possibility of information being extracted through torture abroad, under a so-called “James Bond clause”, a human rights group has alleged.’

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The Guardian, 6th September 2018

Source: www.theguardian.com

Equality Act and Evictions – Nearly Legal

Posted August 6th, 2018 in disability discrimination, equality, news, repossession, warrants by sally

‘An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Arrest for lawful acts – UK Police Law Blog

Posted July 17th, 2018 in news, police, warrants by tracey

‘The recent decision of Holmes v CC Merseyside Police [2018] EWHC 1026 (QB) confirms the power of the police to arrest individuals who are not acting unlawfully. It relies on the earlier case of CPS v McCann [2015] EWHC 2461; [2016] 1 Cr. App. R. 6, which held that an arresting officer was acting in the execution of their duty when making an arrest notwithstanding that their suspicion that that offences were being committed being mistaken.’

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UK Police Law Blog, 15th July 2018

Source: ukpolicelawblog.com