Search Warrants Law

Another Search Warrant Success for BSQ 

BSQ private client partner Roger Sahota has secured a settlement from a state investigating agency in respect to our latest search-warrant challenge.

BSQ’s client, was said to have been a major figure in an international people smuggling operation. BSQ was approached pre-charge to provide a second opinion in the case. Judicial review proceedings were on review initiated against the state agency, who conceded that the warrants executed were unlawful. A settlement figure in compensation has been agreed. An application to exclude all the material found in the search under s.59 of the CJA is ongoing. No charges have been laid against our client.

Roger Sahota is one of the countries leading experts in challenging search warrants and has been instructed in a number of cases where we have successfully quashed warrants unlawfully obtained by state agencies.

BSQ has a niche specialisation in representing individuals accused in serious and organised crime police investigations. Should you require any advice in relation to a criminal investigation please do not hesitate to contact our Mayfair offices.

BSQ Instructed in Two New Search Warrant Challenges

BSQ is presently acting in two search warrant challenges arising from complex and high profile for police investigations. 

In both cases, BSQ are currently engaged in pre-action litigation correspondence with the police and state investigation teams. Both claims relate to submissions advanced on behalf of BSQ client’s that the police acted unlawfully when applying ex parte – without notifying the respondents–  for warrants to search our clients premises from a Magistrate’s Court.

Our submissions in one of these cases arose after our clients sought a second opinion having been advised by their original solicitors that there were no grounds to challenge the conduct of the police who had obtained warrants to search premises in the course of a long-running investigation.

BSQ partner Roger Sahota acts in both cases. Roger has considerable expertise in challenging search warrants and is one of the leading solicitor practitioners in this area. Learn more about Roger’s practice here and recent cases here and here and here.

If you require advice and assistance to challenge a search warrant or in the course of a police investigation please contact our London offices.

Another Search Warrant Success for BSQ

BSQ have settled a claim for judicial review in relation to the conduct of a state investigative agency and their search of our client’s premises.

Rather than obtaining a search warrant, in a pre-planned operation the state agency purported to rely on Section 32 of the Police and Criminal Evidence Act 1984 to justify the search. Our application for judicial review challenged the legality of their conduct on the basis this was not a proper use of these statutory powers. Section 32 allows for the search of any premises where the suspect was found or was present at immediately before their arrest, not a pre-planned operation. .

BSQ have been involved in a number of landmark search warrant cases in recent years including many that have settled outside court.

In relation to the misuse of section 32 PACE powers this remains an area of some controversy in our view and we continue to look for a test case precedent to examine the law in this area. In our view many state agencies are circumventing applications for search warrants by employing section 32 PACE when its use cannot be justified.

BSQ partner Roger Sahota was instructed – Roger has been involved in a number of successful search warrant judicial reviews including R (on the application of F) v Blackfriars Crown Court [2014] EWHC 1541 (Admin).

BSQ Partner Daniel Godden also featured in the notable case of Lord Hanningfield.

Rupert Bowers QC of Doughty Street Chambers was leading counsel

BSQ instructed in Potential Landmark Police Powers Challenge

BSQ has been instructed in a potentially ground breaking judicial review of police powers on behalf of a media company.

The case concerns police powers to effect the search of premises where a search warrant has not been obtained and the police purport to rely on their powers of arrest pursuant so s32(2)(b) or s18(5) of PACE 1984. Case law in this area is extremely limited.

Proceedings have been issued in the High Court. Counsel instructed is Rupert Bowers QC of Doughty Street Chambers and the BSQ partner presiding is Roger Sahota. BSQ have been involved in a number of judicial review challenging the exercise of police powers.

Our private crime team has extensive experience of advising claimants in cases where we have successfully quashed search warrants and challenged the legality of police arrests, including most notably, Lord Hanningfield (BSQ partner Daniel Godden acting) and R (on the application of F) v Blackfriars Crown Court [2014] EWHC 1541 (Admin) (Roger Sahota and Rupert Bowers QC) in addition to many other cases which have successfully settled prior to a full hearing.

Roger is the author of a Solicitors Guide to Search Warrants published in the Law Society Gazette.

If you require advice in connection with a criminal prosecution please contact our London offices.

 

 

 

 

Berkeley Square Solicitors Success in Multi-Party Search Warrant Judicial Review

Berkeley Square Solicitors has settled Judicial Review proceedings with the British Transport Police in a multi-party application before the Royal Courts of Justice.

Search warrants had been obtained by the BTP from Westminster Magistrates Court and the Central Criminal Court. The BTP conceded that the warrants, executed in respect of more than ten separate premises were defective and agreed to pay substantial damages to our clients.

Roger Sahota acted for 11 defendants (including two companies) as junior counsel and was led by Rupert Bowers QC.

Roger Sahota specialises in financial crime and challenging search warrants which are normally obtained by the police as the first step in a serious fraud investigation.

Roger was junior counsel in R (on the application of F) v Blackfriars Crown Court [2014] EWHC 1541 (Admin) and is the co-author of a Solicitors Guide to Search Warrants as published in the Law Society Gazette.

 

QC instructed in Multi handed search warrants challenge in High Court

Berkeley Square Solicitors act for 11 claimants in a challenge to the legality of search warrants obtained by the authorities before the QBD. Counsel, Rupert Bowers QC of Doughty Street Chambers has been instructed for the claimants. Rupert is one of the leading experts in this field and led Roger Sahota in R (on the application of F) v Blackfriars Crown Court [2014] EWHC 1541 (Admin).

Rupert and Roger have produced this accessible guide to search warrants and legal professional privilege for the Law Society Gazette.

Berkeley Square Solicitors Instructed in Multi-Handed Search Warrants Judicial Review

Roger Sahota has been instructed on behalf of 11 clients seeking to judicially review search warrants obtained by the police in the course of a long running fraud investigation. Proceedings have been issued before the Administrative Court.

A niche specialisation of this practice, Roger Sahota was instructed in the leading authority of F and Others last year before the RCJ where he appeared as junior and was led by Rupert Bowers QC of Doughty Street.

You can read Rogers guide for Solicitors who are Subject to Police Raid for the Law Society Gazette here. The article also featured in a recent Business Crime bulletin from the Business Crime Unit of Doughty Street Chambers.

More details to follow.