This week’s Digest considers two judgments of the Divisional Court. First, a judicial review challenge to a search warrant obtained under s. 23 of the Misuse of Drugs Act 1971, in which the court refused to extend the mistake of fact ground of review to search warrant cases. Second, an important case on the service by email of appeal notices in extradition cases.

 

R (on the application of Daly) v. The Commissioner of Police of the Metropolis and another [2018] EWHC 438 (Admin)

The judgment of the court, available here, was handed down by Sir Brian Leveson, President of the Queen’s Bench Division, on 07.03.18.

This judicial review claim sought to challenge the grant of a search warrant pursuant to s. 23 of the Misuse of Drugs Act 1971 on the basis that (i) the evidence relied on was misconceived and/or (ii) the facts of the case established the police acted with malice. The claim failed and the application for judicial review was dismissed; evidence proved subsequently to be misconceived by the police did not provide a reason for quashing the warrant and the facts disclosed no malice on the part of the police.

 

The Public Prosecutor’s Office of the Appeal Court of Eastern Crete, Greece v. Andrew [2018] EWHC 441 (Admin)

The judgment of the court, available here, was handed down by Lord Justice Hickinbottom on 06.03.18.

This appeal was brought under s. 28 of the Extradition Act 2003 against the order of a District Judge discharging the respondent from a European Arrest Warrant on Article 8 ECHR grounds. The appeal, however, was dismissed; the appellant’s notice had been served out of time and, as such, the court had no jurisdiction to hear the appeal.

 

In the News

Court closures affecting access to justice?

 

Isaiah Haastrup has died

 

FGM on the rise in the UK, yet still no successful prosecutions

 

 

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