Application for disclosure of information supplied in order to obtain a warrant
Application for disclosure of information supplied in order to obtain a warrant

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Application for disclosure of information supplied in order to obtain a warrant
  • Does a magistrate have jurisdiction to hear an application?
  • What is the correct procedure for a disclosure application?
  • What is the correct test to apply when deciding a disclosure application?

The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, r 5.7. This rule has been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note.

Does a magistrate have jurisdiction to hear an application?

Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed.

When a court is considering an application for a search warrant and exercises its statutory power to grant one, the court is under a duty to provide its reasons for doing so in public unless exceptional circumstances prevent it. The reasons for the decision are those contained in the information which are given on oath. A person subject to the warrant should be able to assess whether the information contains material which justifies the warrant and so should be able to obtain a copy of that information