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


Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes

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


Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
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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 Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7–5.10. These rules have 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

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Jurisdiction(s):
United Kingdom
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Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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