The Law Commission has recommended in a substantial Report that far reaching changes should be made to search warrants in order to strengthen their powers, improve procedure and safeguards and to properly cater for electronic evidence.
Sukhdip Randhawa of Kangs Solicitors outlines the proposed changes.
If you have been, or should you be, served with a search warrant and require advise as to whether or not it has been legally granted and executed, it is imperative that you contact solicitors with the relevant experience immediately
Kangs Solicitors is recognised by the leading law directories, the Legal 500 and Chambers & Partners for our work nationally in the field of criminal defence on behalf of our clients, both private individuals and corporate.
For an initial no obligation consultation, please telephone our team of lawyers at any of offices detailed below:
Search Warrants | Kangs Search Warrants Solicitors
- Search warrants are a vital tool to support the effective investigation and prosecution of all forms of alleged crime from violent crime through to white collar financial offences.
- Whilst search warrants are an absolute necessity, they represent one of the most intrusive powers of the State, involving an interference with an individual’s privacy rights, which may significantly adversely impact on that person’s life, and may also lead to the seizure and examination of personal material which may, in the event of a prosecution, be produced before a jury at a Trial.
- Around forty thousand search warrants are issued in England and Wales every year and, according to an investigation conducted by the National Crime Agency in 2016, almost four in five search warrants were found subject to a variety of serious deficiencies.
The Recommendations | Kangs Search Warrant Team
- Strengthening of powers: will include extending the availability of warrants allowing multiple entries to a property, allowing all properties controlled by an individual to be searched, allowing a Police Constable to search a person found on the premises and the NHS Counter Fraud Authorities will also be able to apply for search warrants.
- Improving procedure: designed to reduce the number of mistakes and unlawful warrants by introducing a standard Entry Warrant Application Form and a template for entry warrants as well as an Online Search Warrants Application Portal.
- Electronic evidence: to facilitate access to electronic evidence and the copying of data whilst onsite and, possibly, data stored remotely.
- Improving safeguards: would include the proper notice being given of their powers and rights, including the right to legal representation, to those whose property is being searched, regulating Non-Police investigations in the same manner as those conducted by the Police and ensuring that any unneeded data is quickly deleted with seized devices being returned as soon as practical.
How Can We Assist? | Kangs National Criminal Defence Solicitors
The Team at Kangs Solicitors has experience successfully challenging search warrants on behalf of clients and will scrutinise any search warrant in order to assess its legality and validity.
If you wish to discuss any aspects in relation to the issue of search warrants, please contact our team through any of the following: