Police made ‘appalling’ errors in using internet data to target suspects – The Guardian

Posted December 21st, 2017 in data protection, internet, mistake, news, police, privacy, reports, sexual offences, warrants by tracey

‘Police have made serious errors getting search warrants for suspected sex offenders, leading to the targeting of innocent people and children being wrongly separated from their parents, an official report has revealed.’

Full Story

The Guardian, 20th December 2017

Source: www.theguardian.com

Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses – UK Constitutional Law Association

‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’

Full Story

UK Constitutional Law Association, 4th December 2017

Source: ukconstitutionallaw.org

Legal costs capped for those who can’t pay energy bills – The Guardian

Posted November 10th, 2017 in costs, debts, news, utilities, warrants by tracey

‘Gas and electricity customers who have fallen so far behind with their payments that they are forced to have a prepayment meter, are to have their court and legal charges capped at £150 by the energy regulator.’

Full Story

The Guardian, 10th November 2017

Source: www.theguardian.com

Tax Raid on Premier League club lawful – Sports Law Bulletin from Blackstone Chambers

Posted October 20th, 2017 in fraud, news, search & seizure, sport, taxation, warrants by sally

‘Newcastle United has failed in its attempt to quash HMRC’s search warrant for documents involving suspected major tax fraud.’

Full Story

Sports Law Bulletin from Blackstone Chambers, 11th October

Source: www.sportslawbulletin.org

Court to hear challenge to GCHQ bulk hacking of phones and computers – The Guardian

‘A challenge to GCHQ’s use of non-specific warrants to authorise the bulk hacking of smartphones, computers and networks in the UK is starting at the court of appeal.
The case, brought by the campaign group Privacy International (PI), is the latest twist in a protracted battle about both the legality of bulk surveillance and the primacy of civil courts over an intelligence tribunal that operates partly in secret.’

Full Story

The Guardian, 5th October 2017

Source: www.theguardian.com

UK surveillance and spying watchdog begins work – The Guardian

Posted September 1st, 2017 in intelligence services, investigatory powers, news, warrants by sally

‘An expanded watchdog charged with regulating the intelligence services and surveillance by state agencies has officially begun work.’

Full Story

The Guardian, 1st September 2017

Source: www.theguardian.com

Lawfulness of search warrant and detention irrelevant to forfeiture of cash – UK Police Law Blog

Posted August 11th, 2017 in forfeiture, money laundering, news, proceeds of crime, search & seizure, warrants by tracey

‘In Campbell v Bromley Magistrates’ Court [2017] EWCA Civ 1161 the Court of Appeal has confirmed that that there are no “fruits of the forbidden tree” consequences when it comes to the forfeiture of cash seized in accordance with Chapter 3 of the Proceeds of Crime Act 2002 (“POCA”).’

Full Story

UK Police Law Blog, 10th August 2017

Source: ukpolicelawblog.com

The dawn of a new era in extradition law? – New Law Journal

Posted August 1st, 2017 in EC law, extradition, news, warrants by sally

‘George Hepburne Scott discusses the death of s 2 arguments & the ‘transient state’ of European Arrest Warrants.’

Full Story

New Law Journal, 27th July 2017

Source: www.newlawjournal.co.uk

RSPCA seeks new powers to seize ‘suffering’ animals – BBC News

Posted July 10th, 2017 in animals, charities, news, powers of entry, warrants by sally

‘The RSPCA is seeking new powers in England and Wales to search some private property, including sheds and gardens, without a police warrant.’

Full Story

BBC News, 8th July 2017

Source: www.bbc.co.uk

Judge catches ‘disability discrimination’ couple speeding on their mobility scooters – Daily Telegraph

Posted May 30th, 2017 in disability discrimination, disabled persons, energy, news, warrants by sally

‘A sharp-eyed judge rumbled a couple who claimed they were victims of disability benefit when he caught them speeding on their mobility scooters during a court break.’

Full Story

Daily Telegraph, 26th May 2017

Source: www.telegraph.co.uk

Short Cuts – London Review of Books

‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’

Full story

London Review of Books, 18th May 2017

Source: www.lrb.co.uk

Eric King and Daniella Lock: Investigatory Powers Bill: Key Changes Made by the Lords – UK Constitutional Law Association

Posted December 1st, 2016 in bills, investigatory powers, media, news, parliament, privacy, warrants by sally

‘What was formerly known as the Investigatory Powers Bill has received Royal Assent and is now the Investigatory Powers Act. The Bill was first published in draft form in November 2015 (- for a very helpful analysis of the Bill at this stage, please read Dr Tom Hickman’s blog). The passage of the Bill through Parliament, after it was it was introduced in March this year, took just under nine months. Amendments made by the House of Commons were described as ‘largely technical or minor drafting amendments’. Consequently, for all those hoping to see significant changes made to the legislation, a lot hung on the Bill’s amendments during its passage through the Lords.’

Full story

UK Constitutional Law Association, 1st December 2016

Source: www.ukconstitutionallaw.org

Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

Full story

Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

British father spared extradition to Greek jail over minor holiday car crash 13 years ago – The Independent

‘A judge has criticised “appalling delays” by the Greek authorities while sparing a British father extradition to Greece over a minor car crash that happened 13 years ago.’

Full story

The Independent, 1st November 2016

Source: www.independent.co.uk

Brexit, risk mitigation & corporate crime – Halsbury’s Law Exchange

Posted August 12th, 2016 in bribery, corruption, EC law, fraud, money laundering, news, referendums, sanctions, warrants by sally

‘After the shock waves felt as a result of the Brexit vote, how should companies deal with corporate governance and criminal risk issues? What should companies be monitoring as they await changes that will take place once the Brexit Article 50 trigger is pulled?’

Full story

Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

Brexit Briefing NO. 2 The implications for extradition – 6 KBW

Posted July 29th, 2016 in EC law, extradition, news, referendums, treaties, warrants by sally

‘This second paper examines the impact of the decision to withdraw from the EU on the UK’s current extradition arrangements, in particular the European Arrest Warrant (“EAW”) system. The focus of the paper is on the legal consequences that will follow from a decision to trigger the process of withdrawal under Article 50 of the Treaty on European Union, and possible alternatives to the current system of extradition that could be adopted in any post-EU legal system.’

Full story

6 KBW, 13th July 2016

Source: www.6kbw.com

Investigatory Powers Bill: Theresa May-led legislation could be killed by ruling from European Court, privacy campaigners claim – The Independent

‘A European Court of Justice ruling could deal a “serious blow” to Theresa May’s most prized piece of legislation, campaigners have said.’

Full story

The Independent, 19th July 2016

Source; www.independent.co.uk

Snooper’s charter could endanger journalists and sources, peers warn – The Guardian

‘Peers have issued a serious warning that the government’s proposed “snooper’s charter” law could endanger journalists and their sources.’

Full story

The Guardian, 12th July 2016

Source: www.guardian.co.uk

Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

Full story

Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

Goluchowski v District Court in Elblag, Poland ; Sas v Circuit Court in Zielona Gora, Poland and another [2016] UKSC 36 – WLR Daily

Goluchowski v District Court in Elblag, Poland; Sas v Circuit Court in Zielona Gora, Poland and another [2016] UKSC 36

‘In each case the requested person, a Polish national was convicted of serious offences in Poland and sentenced to a term of imprisonment. In the first case the sentence was suspended but later activated because the requested person failed to adhere to the terms of the suspension. In the second case the requested person, with regard to two relevant sentences, had been (i) on release pending an unsuccessful appeal and (ii) on conditional early release which had been revoked because of breaches of the applicable conditions. In each case the requested person was required to surrender himself to the Polish authorities to serve the outstanding sentence but failed to do so. Various summonses and arrest warrants were issued in Poland which failed to achieve the apprehension of the requested persons and, upon discovering that the requested persons were in England, European arrest warrants were issued and served on the appropriate authorities.’

WLR Daily, 30th June 2016

Source: www.iclr.co.uk