Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – Times Law Reports

Posted August 19th, 2008 in appeals, EC law, extradition, fugitive offenders, Italy, law reports, warrants by sally

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy

House of Lords

“Where a fugitive from Italy had been found guilty of an offence in his absence and sentenced to a term of imprisonment, under Italian law, his trial had not been finally completed pending appeal and his extradition from the United Kingdom had been properly sought as an accused rather than a convicted person.”

The Times, 19th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date if publication.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Posted August 4th, 2008 in appeals, EC law, extradition, fugitive offenders, Italy, law reports, warrants by sally

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274

Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”

WLR Daily, 1st August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Criminals walk free thanks to paperwork – Daily Telegraph

Posted August 1st, 2008 in fugitive offenders, news, police, probation, warrants by sally

“A report has found that the paperwork obsession among police, probation officers and court officials lets criminals and suspects who go on the run stay out of the reach of justice.”

Full story

Daily Telegraph, 1st August 2008

Source: www.telegraph.co.uk

Redknapp and Another v Commissioner of the City of London Police and Another – Times Law Reports

Posted June 16th, 2008 in law reports, search & seizure, warrants by sally

Redknapp and Another v Commissioner of the City of London Police and Another

Queen’s Bench Divisional Court

“Reasons for seeking the issue of an search warrant had to be set out to make it valid. For its execution to be lawful, the occupier of the premises had to be shown and given a copy of the warrant. ”

The Times, 16th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Khan v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 16th, 2008 in law reports, search & seizure, warrants by sally

Khan v Commissioner of Police of the Metropolis

Court of Appeal

“Police powers to enter and search a premises without a warrant, could be used only where those premises were, in fact, occupied or controlled by a person under arrest, and not where the police had merely a reasonable belief that the suspect occupied or controlled the premises.”

The Times, 16th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Pietrzak v Regional Court in Wloclawek, Poland – WLR Daily

Posted June 16th, 2008 in extradition, law reports, warrants by sally

Pietrzak v Regional Court in Wloclawek, Poland; [2008] WLR (D) 190

“Art 8(1) of European Council Framework Decision of 13 June 2002 set out the contents necessary for a valid European arrest warrant: additional information specified in the form in the annex to the Framework Decision did not form part of the warrant for the purposes of validity.”

WLR Daily, 12th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Khan v Commissioner of Police of the Metropolis – WLR Daily

Posted June 9th, 2008 in law reports, search & seizure, warrants by sally

Khan v Commissioner of Police of the Metropolis; [2008] WLR (D) 182

“S 18 of the Police and Criminal Evidence Act 1984 (as amended by s 111, Sch 7, Pt 3 of the Serious Organised Crime and Police Act 2005), which gave the police the power to enter and search a premises occupied or controlled by a person under arrest without a warrant, should be construed literally so that the power could only be used where the premises were, in fact, occupied or controlled by a person who was under arrest.”

WLR Daily, 6th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Redknapp v Commissioner of the City of London Police and another – WLR Daily

Posted June 5th, 2008 in law reports, search & seizure, warrants by sally

Redknapp v Commissioner of the City of London Police and another [2008] EWHC 1177 (Admin); [2008] WLR (D) 179

“A warrant authorising the entry and search of premises issued under s 8 of the Police and Criminal Evidence Act 1984 was unlawful if the application did not identify which of the four conditions specified in s 8(3) of the Act was being relied on. Further, the execution of such a warrant was invalidated by a failure to satisfy the requirements of s 16(5) of the Act, which provided that when premises were occupied, the officer executing the warrant must not only produce the warrant to the person in occupation, but also supply him or her with a copy of it.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court staff ‘let hundreds of offenders walk free’ – The Guardian

Posted March 11th, 2008 in magistrates, news, warrants by sally

“Staff at Leeds magistrates court are facing disciplinary action for serious errors which resulted in hundreds of offenders escaping prosecution, the Ministry of Justice said today.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Regina (Szklanny) v Westminster City Magistrates Court – Times Law Reports

Posted December 21st, 2007 in EC law, extradition, law reports, warrants by sally

Regina (Szklanny) v Westminster City Magistrates Court

Queen’s Bench Divisional Court

“While the discretion conferred on a court to extend time for extradition was in broad terms, there was an obligation to interpret national law, so far as possible, in the light of the wording and purpose of the European Council Framework Decision on the European arrest warrant and surrender proceedings between member states (2002/584/JHA; OJ July 18, 2002 No L190/1).”

The Times, 21st December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Warrant failure “let hundreds of suspects go free” – The Times

Posted November 30th, 2007 in news, warrants by sally

“Jack Straw has begun an urgent inquiry into allegations that hundreds of criminals, including sex offenders, have escaped prosecution because warrants were not issued when they failed to turn up at court.”

Full story

The Times, 30th November 2007

Source: www.timesonline.co.uk