R (Dulai and Others) v Chelmsford Magistrates’ Court and Essex County Council, R (Essex County Council) v Chelmsford Crown Court [2012] EWHC 1055 (Admin) – S 32 FSA – Ss 50-52 and 59 CJPA.
1) although highly desirable, it was not essential that P in applying for a warrant under s 32(2) FSA should explain why they thought giving notice to traders would defeat the object of entry and search when the reason was obvious.
2) in considering whether a failure by P to disclose information when applying for a warrant might reasonably have led the magistrate to refuse to issue it, account must be taken of what P could and would have said as to the value of that information.
3) words describing premises in a warrant, which were surplusage and irrelevant, did not render the description vague.
4) non-compliance with s 52 CJPA does not necessarily render a seizure under s 50 CJPA unlawful. But, it is to be taken into account on an application under s 59 CJPA or in judicial review proceedings or under s 78 of PACE.
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