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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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How does one get hold of the polices' application search

Resolved Question:

How does one get hold of the polices' application for a search warrant(issued under paragraph 12 of Schedule 1 of the Police and Criminal Evidence Act) in order to assess whether the warrant can be challenged?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello what actually happened?
Customer: replied 1 year ago.
I search of personal premises has been conducted by the police under a warrant to enter and search premises.I understand it is a requirement that the police would have had to make an application to a magistrate and satisfy him/her that there are reasonable grounds for believing that an indictable offence has been committed, and want to know if there is anyone to get sight of the application to examine what was said.
Expert:  Jo C. replied 1 year ago.
You can always make freedom of information applications but they will refuse. Even if you get access to it they will block out anything that is useful. The only way to challenge a warrant that I have ever found is to judicially review the decision to grant it. That is expensive but it does have the effect of putting them in a position where they have to disclose at least the basis for it. The Magistrates is not a court of record so there won’t be a transcript but it is possible to get the notes of the clerk which should reveal the essence of the matter. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Would I have to bring a judicial review to get the notes of clerk too?
Expert:  Jo C. replied 1 year ago.
You could ask for them. Nobody can stop you doing that. But unless you are bringing an action they are unlikely to be provided.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you