CONFUSION REMAINS FOR CRIME, FRAUD AND INIQUITY IN SEARCH WARRANT APPLICATIONS

On 20 October, a blog post from Corker Bining (which are always worth watching out for) starts by commenting on why such a “simple” matter as search warrants provides for 587 pages to be in the Law Commission report on them.  It points out that there are some 176 provisions relating to the issue of search warrants across 138 pieces of legislation – and then goes on to refer to the “array of issues that frequently result in satellite litigation alongside the substantive criminal investigation or prosecution”. The post asks why the report does not (or cannot) make a recommendation about one fundamental point – in what circumstances should material that would be usually be protected from search and seizure (e.g. legally privileged material) be denied that protection, on that basis that it was, or is suspected to have been, created or held for criminal, fraudulent or otherwise iniquitous purposes?  The post, after briefly running through the types of material concerned, says that, unfortunately for future applicants and respondents, the Law Commission’s only recommendation is not for any substantive change, but rather than the Government should ‘consider whether reform is whether the law relating to iniquitous material in the context of criminal investigations ought to be reformed’.

https://www.corkerbinning.com/crime-fraud-search-warrant-applications/

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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