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R (Vuciterni and Alsat UK Ltd) v Brent Magistrates’ Court and Brent and Harrow Trading Standards Service [2012] EWCA 2140 (Admin) - Regs 12, 22 and para 9, sch 1 CPUTR – s 297A CDPA – s 50 CJPA.

1) not necessarily unlawful for proceedings to be indemnified by private party, but may be concern if prosecution only brought at behest of and funded by powerful, wealthy corporation.
2) foreign decoder devices used outside permitted geographical area were
not “unauthorised decoders” within s 297A CDPA.
3) when applying for a warrant, the magistrate should be alerted to potential significant doubts as to the existence of an offence.
4) incriminating evidence found in a search cannot of itself override deficiencies in the information supplied to the magistrate in obtaining the warrant.
- fact that a product cannot be legally used does not necessarily mean it cannot be legally sold.
5) meaning of “legally be sold”.
- “very debatable” whether the word “legally” by reference to what is “sold”, in para 9 sch 1 CPUTR, extends to civil wrongdoing.
- in applying for a warrant the magistrate should have been told that the applicant was relying on something other than criminality in asserting offending under para 9.
6) a warrant is a most extreme and invasive order, to be granted with great caution and dependent on appropriate full and accurate disclosure by the applicant.
7) execution of warrant at 7.00 am at family home not necessarily unreasonable.
8) the powers to enter (and inspect) under a reg 22 CPUTR warrant include a power to search.
9) the power to enter premises under a reg 22 CPUTR warrant includes premises used only as a dwelling.
10) no requirement that, before searching or seizing, occupier of premises is asked to produce documents for copying.
11) fact that warrant headed “Warrant to Enter” did not, when read as a whole and when expressed to be under reg 22 CPUTR, preclude power to search.

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