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.’

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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sentences, had been (i) on release pending an unsuccessful appeal and (ii) on conditional early release which had been revoked because of breaches of the applicable conditions.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

Thousands on the run after skipping court bail – BBC News

‘Thousands of suspected and convicted criminals who skipped court bail while facing charges including murder, child sex offences and rape are on the run.’

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BBC News, 11th May 2016

Source: www.bbc.co.uk

Byron Karemba: The Investigatory Powers Bill: Introducing Judicial Authorisation of Surveillance Warrants in the United Kingdom – Putting the ‘Double-Lock’ in Focus (Part I) – UK Constitutional Law Association

‘When the Home Secretary commended the Draft Investigatory Powers Bill for pre-legislative scrutiny in November 2015, she lauded the oversight mechanisms in the Bill as ‘world-leading.’ A seminal feature of this new regime is the creation of a single Investigatory Powers Commissioner (IPCr) who is aided by a set of Judicial Commissioners (JCs) in exercising both ex ante and ex post facto oversight over the use of a range of surveillance measures. The IPCr will replace the existing fragmented (RIPA Part VI) framework of the Intelligence Services Commissioner, the Office of Surveillance Commissioner and the Interception of Communications Commissioner whom hitherto have (largely) conducted ex post facto oversight functions.’

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UK Constitutional Law Association, 22nd March 2016

Source: www.ukconstitutionallaw.org

Ex-golf club captain vanishes from court before he is sentenced for £300k VAT fraud – Daily Telegraph

Posted February 18th, 2016 in fraud, fugitive offenders, news, sentencing, warrants by sally

‘Arrest warrant issued for businessman James Turner, who disappeared from Nottingham Crown Court after telling family he was popping to canteen.’

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Daily Telegraph, 16th February 2016

Source: www.telegraph.co.uk

GCHQ hacking does not breach human rights, security tribunal rules – The Guardian

‘Hacking of computers, networks and smartphones in the UK or abroad by GCHQ staff does not breach human rights, a security tribunal has ruled.’

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The Guardian, 12th February 2016

Source: www.guardian.co.uk

Lord Bramall inquiry: How did police obtain search warrant for ‘PR exercise’, asks retired judge – Daily Telegraph

Posted January 25th, 2016 in child abuse, evidence, inquiries, judges, news, police, warrants, wasting police time, witnesses by sally

‘Exclusive: Metropolitan Police’s handling of aborted child sex abuse case challenged as key abuse witness reveals police informant “stole” details.’

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Daily Telegraph, 24th January 2016

Source: www.telegraph.co.uk

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

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.’

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The Guardian, 27th November 2015

Source: www.guardian.co.uk

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

‘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.’

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The Guardian, 27th November 2015

Source: www.guardian.co.uk

Interception, Authorisation and Redress in the Draft Investigatory Powers Bill – UK Human Rights Blog

Posted November 5th, 2015 in bills, interception, investigatory powers, news, tribunals, warrants by sally

‘The Government has published a draft Bill on Investigatory Powers that it hopes to see through Parliament within a year. If it becomes law, the Investigatory Powers Bill will replace much, but not all, of the Regulation of Investigatory Powers Act 2000, as well as the Data Retention and Investigatory Powers Act 2014.’

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UK Human Rights Blog, 5th November 2015

Source: www.ukhumanrightsblog.com

UK surveillance powers explained – BBC News

‘A new law setting out what powers the UK state will have to monitor communications between citizens is set to be unveiled. How will it work?’

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BBC News, 4th November 2015

Source: www.bbc.co.uk

Giving judges power to grant spying warrants instead of ministers would be ‘glib’ says ex anti-terror adviser – The Independent

‘Putting judges in charge of issuing surveillance warrants would fail because they lack the sufficient knowledge of national security issues, the Government’s former anti-terror adviser has said.’

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The Independent, 2nd November 2015

Source: www.independent.co.uk

European court of human rights rules secret hearings legal – The Guardian

Posted October 21st, 2015 in closed material, deportation, detention, human rights, inquiries, news, warrants by sally

‘Secret hearings to determine whether suspects should be held without charge during anti-terror investigations are legal, the European court of human rights has ruled.’

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The Guardian, 20th October 2015

Source: www.guardian.co.uk

Slovakian jailed for raping teenager ‘while high on glue-like substance’ – Daily Telegraph

‘Court hears Zdenko Turtak, a 22-year-old Slovakian Roma, clubbed his victim 18 times with a rock and left her for dead in the Beeston area of Leeds.’

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Daily Telegraph, 20th October 2015

Source: www.telegraph.co.uk

NCA slammed as ‘ignorant’ and ‘ill-informed’ by High Court judge after agency used unlawful search warrants – The Independent

Posted May 14th, 2015 in investigatory powers, national crime agency, news, warrants by tracey

‘The National Crime Agency has been condemned as “incompetent” and “systematically flawed” by a High Court judge – after officers unlawfully used search warrants to plant a surveillance device without warning magistrates.’

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The Independent, 13th May 2015

Source: www.independent.co.uk

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) – WLR Daily

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) [2014] EWCA Civ 1651 ; [2014] WLR (D) 541

‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’

WLR Daily, 18th December 2014

Source: www.iclr.co.uk

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

‘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.’

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Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

Sponging the blot on the law – Hardwicke Chambers

Posted December 11th, 2014 in bailment, mortgages, news, repossession, warrants by sally

‘Having your home repossessed by your mortgagee is not, one imagines, a happy experience, and not one which would incline you to act charitably towards your bank. Few are the defaulting borrowers who treat their houses to a spring clean on their final day before the order for possession is executed, apologising to the bailiffs that they don’t seem able to put their hands on any tea bags. Or indeed the kettle. It’s all been packed, you see. A commoner experience is to find that at least some belongings have been left behind. A bin bag here, a wonky shelving unit there. There’s nothing like losing your home to make you reassess the stuff which surrounds you, and decide whether now might be a good time to de-clutter your life. And why go to the expense of hiring a skip when you can leave your mortgagee with the cost of doing it for you?’

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Hardwicke Chambers, 11th December 2014

Source: www.hardwicke.co.uk

Cracking intercepts: the war on terror and difficulties with Human Rights – UK Human Rights Blog

‘This is a fascinating case, not just on the facts or merits but because it is generated by two of the major catalysts of public law litigation: the government’s duty to look after the security of its citizens, and the rapid outpacing of surveillance law by communications technology. Anyone who has seen The Imitation Game, a film loosely based on the biography of Alan Turing, will appreciate the conflicting currents at the core of this case: the rights of an individual to know, and foresee, what the limits of his freedom are, and the necessity to conceal from the enemy how much we know about their methods. Except the Turing film takes place in official wartime, whereas now the state of being at “war” has taken on a wholly different character.’

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UK Human Rights Blog, 11th December 2014

Source: www.ukhumanrightsblog.com