Mohammed Naseem Dost & Ors, R (on the application of) v The Crown Court at Manchester & Anor
[2024] EWHC 2799 (Admin)
Powers of a Magistrate to authorise entry and search of premises, including the exclusion of legally privileged material.
Section 8(1) of the Police and Criminal Evidence Act 1984 (PACE)
Application to the appropriate judicial authority for directions as to examination, retention, separation or return of seized property following a potentially unlawful seizure.
Section 59 of the Criminal Justice and Police Act 2001 (CJPA 2001)
Court's discretion in granting relief regarding unlawfully seized material, considering factors such as bad faith and the possibility of a section 59 application.
R(Van der Pijl) v National Crime Agency [2013] EWHC 3040 (Admin), Chatwani v National Crime Agency [2015] EWHC 1283 (Admin)
Adjournment refused.
Despite claimant's legal aid issues and late submission of further adjournment request, the court deemed the issues narrow enough to proceed, considering NCA's concessions and the claimant's entitlement to costs.
NCA not permitted to examine seized material before section 59 application.
Court unwilling to allow NCA to profit from its own wrongdoing by inspecting unlawfully seized material it hadn't yet examined. The NCA can identify the material specifically in the section 59 application.
NCA permitted to retain material pending section 59 application.
Considering the absence of bad faith, the NCA's frank admission of wrongdoing, and the usual practice in such cases, the court allowed retention for a section 59 application to the Crown Court. Further examination or use would be determined by the Crown Court.
Search warrant quashed; entry, search and seizures declared unlawful.
NCA admitted the warrant’s unlawfulness due to the failure to exclude legally privileged material.
Claim for damages transferred to Central London County Court.
To determine liability and assess quantum.
NCA ordered to pay claimant's costs up to 31 March 2023.
Claimant's solicitors acted appropriately, and the NCA admitted wrongdoing on 27 February.
[2024] EWHC 2799 (Admin)
[2023] EWHC 3606 (Admin)
[2023] EWHC 723 (KB)
[2023] EWHC 2824 (Admin)
[2023] EWHC 2817 (Admin)