Caselaw Digest
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Diogo Santos-Coelho, R (on the application of) v Carlisle Magistrates Court & Anor

12 March 2024
[2024] EWHC 875 (Admin)
High Court
The police illegally searched someone's computer and phone. A judge said the search was wrong but let the police keep the items for a bit longer to see if they could get a proper warrant. The judge also made the police pay the costs of the case.

Key Facts

  • Judicial review application concerning a search warrant executed on 9 November 2022.
  • Claimant is a Portuguese national facing extradition from the US and consenting to extradition from Portugal for fraud related to the 'Raid Forum' website.
  • Search warrant issued by Carlisle Magistrates' Court at the request of the National Crime Agency (NCA).
  • Warrant was unlawful due to failure to exclude material subject to legal privilege (section 8(1) PACE).
  • NCA admitted the warrant's unlawfulness; claimant sought return of seized laptop and mobile phone.
  • NCA imaged the laptop's contents but did not examine them; undertook not to investigate further.
  • Claimant experienced legal aid difficulties, leading to adjournment applications.
  • NCA sought permission to examine seized material to support a section 59 CJPA 2001 application.
  • Claimant consented to extradition to Portugal during the proceedings.

Legal Principles

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)

Outcomes

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.

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