Summary
An arrest under section 24 of the Police and Criminal Evidence Act 1984 is assessed by reference to the facts known or information given to the arresting officer. Apparently reliable information may establish reasonable grounds even if another investigator knowingly supplied incomplete or misleading information.
A court considering a without-notice search-warrant application must itself be satisfied that every statutory condition is met. The applicant owes a stringent duty of full and accurate disclosure. A warrant must identify the articles sought with sufficient particularity and its execution must remain within its scope.
Material unlawfully seized will normally be addressed through the statutory retention procedure. Exceptionally, egregious disregard of the warrant safeguards may justify depriving the investigating authority of every benefit derived from the unlawful search, even without bad faith.
Factual background
The National Crime Agency arrested five businessmen during a money-laundering investigation and searched their business and residential premises under warrants issued by Birmingham Magistrates’ Court. The operational plan used the arrests to facilitate covert surveillance and to provoke conversations after release. The claimants challenged the lawfulness of the arrests.
The NCA conceded that the warrants and the resulting searches and seizures were unlawful. The applications had failed to provide the magistrates with the evidence required to assess the statutory conditions, the warrants inadequately described the articles sought, and officers seized material outside their scope. The remaining remedial issue was whether the NCA could retain the seized material and derived work product pending an application under section 59 of the Criminal Justice and Police Act 2001.
Held
- The challenge to the arrests was refused. Under section 24 of the Police and Criminal Evidence Act 1984, reasonable suspicion and necessity are assessed by applying an objective standard to the facts known or information given to the arresting officer. The arresting officers had received information capable of supporting reasonable suspicion of money laundering and a belief that arrest was necessary for a prompt and effective investigation. They were not required to check the investigating team’s information. The existence of collateral operational purposes did not itself invalidate the arrests. The claimants were also given sufficient legal and factual information about the suspected offences.
- The challenge to the search warrants succeeded. On a without-notice warrant application, the issuing court must itself determine whether the statutory requirements are established. The applicant must provide comprehensive material and disclose anything that might affect the decision. The NCA instead treated the magistrates’ role as one of approval or rubber-stamping. Its applications did not permit the required rigorous assessment.
- The warrants also failed to identify the articles sought with sufficient particularity. The operational instructions authorised searches and seizures extending beyond the warrants, contrary to sections 15 and 16 of the Police and Criminal Evidence Act 1984. The NCA ought also to have anticipated legally privileged material and proceeded under section 9 and Schedule 1. Although installing authorised surveillance equipment while lawfully present would not itself have been an improper use of a warrant whose dominant purpose was evidential search, the intended use of that opportunity was material information which should have been disclosed to the magistrates.
- The NCA was denied every benefit of the unlawful searches. Section 59 of the Criminal Justice and Police Act 2001 normally provides the procedure for deciding whether unlawfully seized property may be retained. The Administrative Court nevertheless retains a discretion to order delivery up and destruction without permitting reliance on that procedure. Bad faith is not essential. Here, the profound, systemic and egregious disregard of the statutory safeguards justified exceptional relief.
- The warrants were declared unlawful. The NCA was ordered to deliver up the seized material and to deliver up or destroy every copy, schedule and other derived work product. Subject to further order, it was prohibited from using that material or its derivatives for the investigation or any other purpose.
The court’s approach to earlier authorities
Available to signed-in members.
Appellate history
This was a first-instance judicial review. Rose J had refused interim relief on the papers. Lang J subsequently granted permission and ordered that copying cease and that originals and copies be placed in third-party storage. The Divisional Court refused the challenge to the arrests but allowed the challenge to the search warrants and granted final relief requiring delivery up or destruction.
Key cases cited
24 authorities cited.
- McGrath v. Chief Constable of the Royal Ulster Constabulary and Another [2001] UKHL 39
- R v Southwark Crown Court, Ex parte Bowles (Bowles, Ex parte) [1998] AC 641
- O’Hara v Chief Constable of the Royal Ulster Constabulary [1997] AC 286
- Padfield v Minister of Agriculture, Fisheries and Food [1968] UKHL 1
- Christie v Leachinsky (Leachinsky v Christie) [1947] AC 573
- Stanford International Bank Ltd, Re [2010] EWCA Civ 137
- Taylor v Thames Valley Police [2004] EWCA Civ 858
- R v Chalkley [1998] 2 Cr App R 79
- Kouyoumjian & Anor v Hammersmith Magistrates Court & Anor [2014] EWHC 4028 (Admin)
- Panesar & Ors v The Central Criminal Court & Anor [2014] EWHC 2821 (Admin)
- Golfrate Property Management Ltd & Anor, R (On the Application Of) v The Crown Court At Southwark & Anor [2014] EWHC 840 (Admin)
- Hoque & Anor, R (on the application of) v HM Revenue and Customs [2013] EWHC 725 (Admin)
- Lord Hanningfield of Chelmsford v Chief Constable of Essex Police [2013] EWHC 243 (QB)
- Van Der Pijl & Anor v The Crown Court At Kingston [2012] EWHC 3745 (Admin)
- Anand, R (on the application of) v Revenue and Customs [2012] EWHC 2989 (Admin)
- Rawlinson & Hunter Trustee & Ors, R (on the application of) v Central Criminal Court & Anor [2012] EWHC 2254 (Admin)
- El-Kurd, R (on the application of) v Winchester Crown Court & Ors [2011] EWHC 1853 (Admin)
- Cook & Anor v Serious Organised Crime Agency [2010] EWHC 2119 (Admin)
- Redknapp & Anor v City of London Police & Ors [2008] EWHC 1177 (Admin)
- R (Energy Financing Team Ltd) v Bow Street Magistrates’ Court (Practice Note) [2005] EWHC 1626 (Admin)
- R (Bright) v Central Criminal Court (R (Alton) v Central Criminal Court, R (Rusbridger) v Central Criminal Court) [2001] 1 WLR 662
- R v Chief Constable of the Warwickshire Constabulary, Ex parte Fitzpatrick (Fitzpatrick, Ex parte) [1999] 1 WLR 564
- Davidson v Chief Constable of North Wales Police [1994] 2 All ER 597
- Dallison v Caffery [1965] 1 QB 348
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Cases citing this case
18 later cases · 10 positive · 4 neutral · 4 caution
Most senior citing decisions:
- Betaudier v Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2021] UKPC 7 applied
- Gary Wimblett v The Chief Constable of Lancashire Constabulary [2026] EWHC 1586 (KB) considered
- GSX, R (on the application of) v The Crown Court at Southwark [2026] EWHC 538 (Admin) applied
- Mohammed Naseem Dost & Ors, R (on the application of) v The Crown Court at Manchester & Anor [2024] EWHC 2799 (Admin)
- Diogo Santos-Coelho, R (on the application of) v Carlisle Magistrates Court & Anor [2024] EWHC 875 (Admin)
- Mikhail Fridman, R (on the application of) v National Crime Agency & Anor [2023] EWHC 3606 (Admin)
- Jonathan Edward Peter Tipper & Ors, R (on the application of) v The Crown Court at Birmingham [2022] EWHC 2615 (Admin)
- Bes Commercial Electricity Limited & Ors. v Cheshire West and Chester Council [2022] EWHC 2162 (QB)
- CECIL STEVEN HEILLIGGER v WESTMINSTER MAGISTRATES’ COURT & Anor. [2022] EWHC 1056 (Admin)
- Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors [2020] EWHC 1640 (Admin)
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