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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Morning Alex. I am currently perusing the ICO route with regard

Resolved Question:

Morning Alex. I am currently perusing the ICO route with regard to the DATA issues. I need you advise regarding the police mater. You may remember that I was attempting to discover the validity of the warrant used to raid my home. The Police Officer was identified but he refused to say that he had signed the warrant. He does not answer any emails. The issue then was finding the Magistrate. I wrote to Brighton Magistrate Court and asked if they could give me the full name of the magistrate and I attempted to call them also. I have not been able to find this person a A Runbel/Rumble. Can you please tell me how I can find this magistrate this is the most urgent task as I cannot proceed all the important issues without crossing this bridge. I have explained this issue to the ICO and the steps I am taking.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know why you need the Magistrates name?

Customer:

The primary issue is that was the warrant executed on my home valid. As a result of this warrant I was exposed to a long list of serious issues including homelessness, losing my son, being made penniless. The police have not been willing to take responsibility for this warrant. I need to be able to ascertain if this person actually exists. Please note that the issue was IP address data. I know this to be impossible.

Alex Watts :

So you are not challenging the lawfulness of the warrant itself, just the source?

Customer:

Sorry Alex had to respond to a call

Customer:

I am going to challenge the lawfulness of the warrant at a later stage as its clear that there was no evidence that could have been presented to the Magistrate. What I need to establish now is if this person actually exists. From there I can decided to take the matter forward.

Alex Watts : Ok. You are complaining to the ICO but you may need to consider a judicial review?
Customer:

Alex, I am sure that there was no IP address information and there was no indecent pictures of children that were presented to the Magistrate as there were never any such pictures on my computers. What I need to understand apart from the Judicial Review is how to discover if this Magistrate actually exists.

Alex Watts : You have written to the court, just clarify what did they say?
Customer:

I wrote to the Court via their email system asking if I could please be told if the Magistrate works at Brighton and also because the signature is unclear, if I could be told if its a A Runbel or A Rumbel. I also asked what the A sood for. They did not respond. I sent this request to their two email addresses.

Alex Watts : so you think the court lied and that this magistrate Does not exist?
Customer:

Alex no one will tell me anything about this Magistrate so I have no idea if they exist. What I know is that there was no IP address data and related. What I would like is that if that person is real that I then ask for a copy of the paperwork that was signed. I will be able to take action from there. Until I can say if this magistrate exists and later see what was presented to that Magistrate I have to wait So what I

Customer:

Need to know is how do I find this Magistrate ?

Alex Watts : But to say this magistrate does not exist would mean the court lied or the warrant was forged?
Customer:

Alex I have no idea if the two issues are valid. I have to discover this. What I am asking is how do I determine if a Magistrate exists ? I have no idea if this magistrate exist. Could you tell me where I can look to see if this person is indeed a magistrate in Brighton ? After that I will decide how to access the actual data from the warrant.

Customer:

On the issue of the warrant being forged I remain to be convinced. On the issues of the data that was seen by the magistrate thus the matter of the validity of the warrant I will wait till I have the data to determine. Either way I need to have both bits. Is this magistrate real and how can I Know this and secondly, what was shown to the Magistrate. I am prepared to contact every level of judicial service to ascertain the above.

Alex Watts :

I would see where the ICO goes. You could also consider a Court order requesting this document. This is where you go before a Judge and say why you want this documemt.

Alex Watts :

On that you would need to complete form N244 and take it to the County Court.

Alex Watts :

But the Court wont allow a non Magistrate to sit.

Alex Watts :

In any event there are 3 of them but only 1 signs the warrant. The Court have confirmed who sat.

Alex Watts :

If you wish to see whether they were appointed you can contact the Judicial Appointment body

Alex Watts :

http://jac.judiciary.gov.uk/

Alex Watts :

But I can assure you this Magistrate will be real.

Alex Watts :

The court does not keep electronic files for warrants as they do for CPS matters so it may be that someone is trying to read a signature.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Alex let me follow this trail you set above and see what transpires. Sorry I had to take the boys out late afternoon. So would the content of the warrant, what the police actually showed the Magistrate be copied for the court record ? So if use N244 I will be able to see the actual file that the police showed the Magistrate to obtain the warrant ? If that's the case I will file this document next week.

Alex Watts : Well that is to ask a court to order Dislcosure. If granted you can request specific documents. But you need to get the order.
Alex Watts : Does that help?
Customer:

Alex, I have downloaded the form and will fill it in next week. I may need to consult with you briefly on it if that's Ok. I can imagine that I need to get this right so I do not end up going round in circles and getting into expense.

Alex Watts :

Sure, perhaps I could invite you to ask a new question for that form?

Alex Watts :

I hope you have a good weekend

Customer:

No problem. Thanks for all the help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Alex. I have called the County Court in Brighton and they tell me that I need to use a different document and that the N244 is not related to requests for documents submitted to a magistrate to legalize a search warrant.

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