- UK search warrants following an international Letter of Request (R (on the application of Terra Services Ltd) v NCA)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry. Written by Gemma Rose and John McNamara, barristers at 5 St Andrew’s Hill Chambers.
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