R (Austen) v Chief Constable of Wiltshire Police [2011] EWHC 3385 (Admin).
- application for a search warrant.
1) mere suspicion is inadequate, but reasonable grounds for suspicion does not require reasonable grounds for belief that a fact is true.
2) intelligence can by itself provide the necessary reasonable grounds for suspicion.
3) a mere assertion in the information, whether or not based on intelligence, that grounds exist for reasonable suspicion is inadequate.
4) anything which militates against the issue of a warrant, including the absence of convictions and arrests, should be disclosed.
5) all material necessary to justify the issue of a warrant should be contained in the information unless good reasons for not including it there.
6) applicant for a warrant and Magistrate should keep notes of additional information given at hearing, but failure to do so does not invalidate warrant even if such failure infringes Article 8 ECHR.
7) undue participation by Clerk can give appearance of bias, but appropriate for Clerk to advise applicant on inadequacy of information prior to application being made to Magistrate.
undefined: unpaid