search warrant

[Sleepyhead]

How do i go about requesting a copy of the actual application for search warrant form.
All additional notes,applicators reasons for probable cause,information,magistrates reasons for granting warrant?
Have searched the web but to no avail.

[stevemLS]

Re: search warrant

It used to be the case when I worked in magistrates that they were given the warrant and there was an oral explanation. No record.

So, then at lest. what you seek didn't exist.

[Sleepyhead]

Re: search warrant

http://www.ukpolicelawblog.com/2013/...-the-pitfalls/

How do i get a copy of this?
Loads of info on how to apply for a warrant.
But none that shows you how to get a copy of actual application form.

[Kati]

Re: search warrant

I'm not sure if you can get a copy of the actual application form, but must warrants are returned to the court after execution and kept for a month before being destroyed. You might therefore be able to see the warrant.

see attachment for more info :tinysmile_grin_t:

[wales01man]

Re: search warrant

Is this Concerning you or someone else. Was the warrant executed on your property .

How did the Fee argument with the Solicitor end the thread was never completed?

[des8]

Re: search warrant

I understand you can obtain disclosure by application either to the magistrates (I don't know if there is a particular form) or to the Chief Constable.
You could try for disclosure using FOI, or as this is presumably personal information, the Data Protection Act.
However you can expect police to oppose any application for disclosure on the basis of exemption.
This case might be of interest:http://lexisweb.co.uk/cases/2014/mar...sioner-v-bangs

[Sleepyhead]

Re: search warrant

The exemptions tend to use complex language,way over my understanding.
But in my understanding they have to allow it as i am going to show that the applicator was telling porkies when he filled in Q8-9 of application form.
Would telling porkies be an act of malice?

[stevemLS]

Re: search warrant

That goes to show what I know!

The link in post 3 plainly says that the "information" laid before the magistrates is disclosable either by the court or the police. There is no statutory right under PACE as far as I can see other than the right to be provided with a copy of the warrant and inspect it for 12 months post execution.

[wales01man]

Re: search warrant

Are warrants issued for searches on suspicion of a crime if so its purpose is to obtain evidence in which case anything on it may be suspected to be true when the application was made but after a search may well be untrue as evidence was found to disprove it.

[des8]

Re: search warrant

Just about to go out, but my initial concerns are:
i)You can't use your SUSPICIONS of obtaining a warrant by lying as a reason to overcome the police use of exemptions. Until you have seen the application you don't know what is on it.
ii)why do you feel the need to pursue this, and what do you expect to get from it.?
I'm assuming that if you find grounds to challenge the validity of the issue and execution of the warrant you intend to take action. So what action?
If civil courts you will be up against the chief constable, and several barristers!
ii) the sections you are aiming to challenge under (8&9), the declarations are hedged about with the word "reasonable". Hmm!

If the warrant concerns yourself you start by asking Chief Constable for the info. you are looking for.
If he declines to pass it over, and you exhaust the appeals procedures, you then make application to the issuing court

Be aware that even if the application is incomplete, wrongly completed or even includes SOME false information, the subsequent search may not be declared unlawful

[stevemLS]

Re: search warrant

Yes, they need to have "reasonable grounds" that an indictable offence (so not summary only offences) has been committed and that there is material on the premises that will be of "substantial" evidential value. (s8 PACE 1984)

Police have a separate power of entry and search for the purpose of arrest and a further power to enter and search premises "controlled" by a person who has been arrested, both without warrant. (ss16 & 17 PACE).

The point made by Wales01 is a good one.

[Sleepyhead]

Re: search warrant

Malicious incurement of a search warrant,is what i need to show,all ingredients are present.The most difficult one to prove being malice.

Now by the applicant telling porkies in his application for the warrant,and not checking his source or informing magistrate of his doubts,is this malice.Knowing the hard ship i would suffer.Maybe i am out of my depth here.
My OP is how to obtain a copy of app and that is what i need to concentrate on the proper procedure for a successful request.
Thanks for replys

[wales01man]

Re: search warrant

While I support what you are trying for I fear you will be up against a brick wall trying to prove anything without going to court where you may well incur considerable expence

[des8]

Re: search warrant

You are accusing the applicant of lying in his application to the court, and yet you have not seen the application.
How can you be so sure of your facts?

Even if you are correct, what do you hope to gain?
You mentioned "hardship" ............ are you looking for compensation or just an apology and an admission of "incorrect procedure"?
Is the final outcome going to be worth the effort and risk?

If you are sure of your facts and have substantial indications that they are correct perhaps you could make a complaint to the IPCC

[Sleepyhead]

Re: search warrant

The case is ongoing so unfortunately i am unable to give you the full story,have had some great pointers from you all.
What am i hoping to gain from this?
What price do you put on your good name?
The informant acted with malice,the investigation teams incompetence.

The 1st description ,the most important description given by the witness was of a gentleman with bow legs,knobbly knees wearing shorts.Its almost laughable.
For starters i am disabled,i only have one leg,never wore shorts for 30+ years.
Oh and yes a big fat compo check would come in handy,they can stick the apology where the sun dont shine.:tinysmile_twink_t2:
Thank you all,i will let you know what happens.