R (Haralambous) v Crown Court at St Albans

Subject Matter

POLICE — Search, right of — Search warrant — Police seizing claimant’s property pursuant to search warrants — Court refusing claimant’s application for disclosure of unredacted information sworn in support of warrants — Warrants subsequently quashed by consent — Police applying to retain seized material — Whether claimant entitled to disclosure of redacted information on retention application — Police and Criminal Evidence Act 1984 (c 60), s 8 (as amended by Serious Organised Crime and Police Act 2005 (c 15), ss 111, 113(3)(4), Sch 7, para 43(3)) — Criminal Justice and Police Act 2001 (c 16), s 59

[2016] EWHC 916 (Admin); [2016] 1 WLR 3073; [2016] 2 Cr App R 17; [2016] WLR (D) 209, DC

POLICE — Search, right of — Search warrant — Police seizing claimant’s property pursuant to search warrants — Court refusing claimant’s application for disclosure of unredacted information sworn in support of warrants — Warrants subsequently quashed by consent — Crown Court granting application by police to retain seized material — Whether magistrates’ court and Crown Court permitted to consider material which had in public interest to be withheld from disclosure to claimant — Whether material or its gist to be disclosed to claimant on claim for judicial review — Police and Criminal Evidence Act 1984 (c 60) (as amended by Serious Organised Crime and Police Act 2005 (c 15), ss 111, 113(3), Sch 7, para 43(3)), ss 8(1)(3), 15(3) — Criminal Justice and Police Act 2001 (c 16), s 59

[2018] UKSC 1; [2018] AC 236; [2018] 2 WLR 357; [2018] 2 All ER 303; [2018] 1 Cr App R 26; [2018] WLR (D) 35; Case details, SC(E)

Appellate History

Commentary

Kingsley Napley
Judicial Review and the Creep of Closed Material Procedures - R (on the application of Haralambous) v Crown Court at St Albans and another Case comment

Blackstones Criminal Practice 2025
Entry and Search under Warrant - Search Warrant Issued by Judge - Procedural Requirements and Safeguards D1.167

Seizure of, Access to and Retention of Materials - Access to and Retention of Seized Material D1.189

Entry and Search under Warrant - Search Warrant Issued by Judge - The Application D1.171

Investigation of Crime - Searching Premises and Vehicles A7.30