Staff responsible Jerome Lynch KC
Representation of the Applicant challenging the issue and execution of a search warrant- Whether search warrant issued by the Magistrate under section 9 and Schedule 2 of the Police and Criminal Evidence Act 2006 was lawful; whether there was proper “authority” to apply for the search warrant; whether arrest of the Applicant without a warrant was lawful; whether the search of the Applicant’s premises following her summary arrest was lawful.
Case outcome
The Court quashed the decision summarily to arrest the Applicant and declared that her arrest was unlawful. The Court also declared that the subsequent search of the Applicant’s home address was unlawful and quashed the search warrant. The Applicant was granted liberty to apply for a further hearing in order to determine whether and if so, the amount the Respondent should pay the Applicant by way of compensation for unlawful arrest, false imprisonment and violation of her privacy, pursuant to section 67 of the Supreme Court Act 1905.