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