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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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The Police executed a Warrant on my home on the 28th May 2014.

Resolved Question:

The Police executed a Warrant on my home on the 28th May 2014. I need to see the information they presented to the magistrate as evidence to support the request for that warrant. I called the county Court and was told that the N244 is not applicable for applications of this kind. Which form do I use ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but there is no application you can make to get that information.
Applications for warrants are conducted in private and the intelligence that lies behind it will not be revealed.
I suppose you could always make a freedom of information request but it will be refused on the basis of the interests of crime and order.
The only way to challenge a warrant is to judicially review the basis for it. That is an expensive action with a high test but that is the route. You have to show that there was no basis upon which any reasonable Magistrates could have made that decision or that there was bias or procedural irregularity. They would have to disclose the basis for the order then.
If this is a drugs warrant then there will have been a tip off which is likely to be anonymous anyway. I am afraid that this anonymous reporting that the Government is so keen to encourage does have the effect of encouraging malicious reporting.
I am sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The police claimed that they had IP address information that showed I was downloading indecent images of children. They claim to have given this proof to the magistrate. However this was never the case. What actually happened was that this was the platform upon which they separated me from my children and several other issues. 10 days before the case they returned all my property and claimed they found nothing. This is a summary. The effect was that one of my children was moved to his mother and I was homeless for six months. What is sure is that there was never any such IP address information as this was never possible. This issue of the warrant that allowed them to conduct this raid is now the matter we are looking at.

Expert:  Jo C. replied 2 years ago.
You need to weigh up whether it is worth the investment.
In truth, unless you are known to the police or you have a particular enemy who has an interest in getting you in trouble, it is quite unlikely that they have acted out of malice. That just doesn't happen. They can be malicious sometimes but not normally towards people who are issuing no provocation at all.
IP address is very weak evidence. It could be covered by lots of explanations. Somebody else using your IP address. An error in their investigations etc. All of that is all very well but even if you establish that it would not mean the basis for the warrant was unlawful. It is a very low test to get a warrant. They do not have to prove their information was correct. They just have to show it was deserving of investigation.
If you think they have behaved negligently then it would seem to be more of a complaint to the IPCC about the conduct of the police.
Customer: replied 2 years ago.

It would be all and good if it was that simple. I had made complaints to the Court in 2012/3 that I believed that the police had attempted to kill me. The first thing they did when they arrested me was take me to a psychiatric cell in Brighton and try to get me sectioned. When that failed they colluded with social services to try to get me homeless, I know you see colluded and thing.... what is that. This is a bit more complex. The police did not look at any data they took from my home till one week before the case for my children. Then they returned the property and claimed they found nothing.

Expert:  Jo C. replied 2 years ago.
Yes, it might be that they don't like you. I know that some people are targeted by the police.
Remember though, that isn't the test.
The test is whether they had the barest suspicion that you were using your IP address to download indecent images.
If you think they have made up the IP issue then that is a judicial review point.
Customer: replied 2 years ago.

Ok that interesting. So how do I go about this Judicial Review ?

Expert:  Jo C. replied 2 years ago.
You really need to use a solicitor to do that. It not easy to do it by yourself.
If you can't get legal aid then you can alawys use a barrister under public access.
Have a look here
https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Customer: replied 2 years ago.

fantastic. I will read the document in the morning. Tell me about the possibility of legal aid and also that of Public Access to a Barrister. I will explore them ext week. I noticed the three months clause or something to that effect in the link.

Expert:  Jo C. replied 2 years ago.
You would have to pay private for public access. It is a lot cheaper than using a solicitor.
You would have to apply for legal aid. In truth, they do tend not to fund these things.
Customer: replied 2 years ago.

ou would have to pay private for public access. It is a lot cheaper than using a solicitor..... Sorry cannot understand this

Regarding Legal Aid can I make the application or is it done by a Solicitor ?

Expert:  Jo C. replied 2 years ago.
1. Barristers under public access are cheaper than solicitors. You would have to pay privately though. It is not available under legal aid.
2 A solicitor needs to do that.
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