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    Judicial Review | Challenging of Search Warrants

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSJudicial Review | Challenging of Search Warrants

    Nov

    18

    November 18 , 2016 | Posted by Kangs Solicitors |

    Judicial Review | Challenging of Search Warrants

    Kangs Solicitors are regularly instructed by both individuals and corporate clients in relation to Judicial Review proceedings and specifically in relation to the challenging of search warrants.

    Frances Murray of Kangs Solicitors discusses an on-going case which has resulted in the Metropolitan Police making allegations of international money laundering.

    Money Laundering Case | Solicitors for Search Warrant Challenges

    Kangs Solicitors are instructed on behalf of a Money Services Bureau (“MSB”) with branches across London.

    The Metropolitan Police are investigating the MSB, together with at least 18 other companies, in relation to allegations of money laundering millions of pounds.

    The Police allege that the laundering of funds could be connected to an investigation undertaken by the Spanish Anti Money Laundering Agency (SEPBLAC) into the laundering of funds that were ultimately destined for Revolutionary Armed Forces of Columbia, or FARC.  That investigation found that some €200 million of drug trafficking money had been sent to FARC via an MSB.

    A number of dawn raids were conducted by the Police and Kangs are instructed to challenge the legality of the search warrants issued by the Crown Court and executed by the Metropolitan Police.

    Search Warrants – legal or not? | Kangs Solicitors

    It is possible to issue Judicial Review proceedings if there are grounds to believe that the search warrants should not have been granted in the first place or that the search warrant has been executed too widely.

    In this particular case, an application for Judicial Review proceedings has been lodged on the basis that the warrant was unlawfully issued as the Police could not have:

    • Had reasonable grounds for suspecting that the claimant had committed a money laundering offence (section 353(2), POCA);
    • Had reasonable grounds for believing there was material specified in the warrant on the premises that was likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant was sought (section 353 (6)(b), POCA);
    • Properly found that a Production Order would have been inappropriate in this case and that the investigation might have been seriously prejudiced unless an appropriate person arriving at the premises was able to secure immediate entry to them (section 353(9), POCA), because of the lack of any cogent evidence advanced by the Police to give rise to such a suspicion, belief or finding and / or material non-disclosure by the Police of matters that would have militated against such a suspicion, belief or finding
    • It was Wednesbury unreasonable for the Crown Court to find that the statutory tests for issuing the warrant (section 353(2), 353(6)(b) and 353 (9)(c), POCA) were satisfied for the three reasons set out in (a) above
    • The warrant was unlawfully issued because the material that had to be seized was not identified with sufficient particularity and it was practicable to do so.

    How we can help you | Judicial Review Solicitors

    Cases of this nature require a legal team with specialist knowledge and extensive experience as they can often carry with them complex legal issues.

    We appreciate that damage to reputation is a major concern for individuals and businesses when premises are raided and searched under the terms of a Court issued warrant.

    We look to advise our clients in fresh and innovative ways to ensure that the risk of any adverse publicity is carefully managed.

    Kangs Solicitors’ complex crime and regulatory team provides a national service.

    We have extensive experience of dealing with cases investigated and prosecuted by all the major prosecuting authorities such as the SFO, FCA, HMRC, CPS, Trading Standards, Environment Agency etc.

    Who Can I Contact For Help? | Kangs Solicitors

    If you are a business, whether a sole trader, partnership or company, we are here to assist you manage your contact with the prosecuting authority and advise you on the legality of the search of your business and residential premises.

    Our team of solicitors has a proven track record of assisting many individual and businesses achieve the right result following a dawn raid.

    Our expert team of Solicitors can be contacted through the following:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258 171 | 020 7936 6396 | 0121 449 9888

    John Veale
    jveale@kangssolicitors.co.uk
    0121 449 9888 | 07779 055907

    Fran Murray
    fmurray@kangssolicitors.co.uk
    020 7936 6396 | 07989 521219 (24 hour emergency number)

    Tim Thompson
    tthompson@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396

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