Hargreaves and Ors v Brecknock and Radnorshire Magistrates' Court and Powys County Council Trading Standards [2015] EWHC 1803 (Admin) – Regs 21 and 22 CPUTR - s 51 CJPA – PACE – article 8 ECHR – (CRA).
1) the appropriate forum for setting aside a warrant is the Administrative Court.
2) error on the face of a warrant that it was made under “s 21” CPUTR, rather than “reg 22”, was fatal where there was no evidence that the conditions for the making of a warrant under reg 22 were considered or applied.
3) the powers to enter and inspect carried with them a power to search.
- documents, as well as goods, may be seized under reg 21(1) CPUTR.
4) “document” in reg 21 includes information held electronically and could be seized by downloading.
- nothing wrong in principle in seizing a computer.
5) PACE does not apply to the execution of a warrant under reg 22 CPUTR.
- But, copy of warrant should be provided to occupier of premises entered.
6) the video recording of the execution of a warrant was an effective safeguard for all involved.
- the occupiers are entitled to be told that events are being filmed.
- such filming was a proportionate interference with the Article 8 right to respect for private life.
7) no need for a warrant to enter premises under reg 21 unless premises used exclusively as a dwelling.
undefined: unpaid