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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Cummins, R (on the application of) v Manchester Crown Court  EWHC 2111 (Admin) (27 July 2010)
Cite as:  EWHC 2111 (Admin),  Lloyd's Rep FC 551
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QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE OUSELEY
|THE QUEEN ON THE APPLICATION OF CUMMINS||Claimant|
|MANCHESTER CROWN COURT||Defendant|
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr K. Talbot Appeared On Behalf Of The Defendant
Crown Copyright ©
"Further, it follows that as a direct consequence of the unlawful seizure that other considerations must apply. We list the same below:
(1) We require an undertaking that no use shall be made of any knowledge gained from any of the unlawfully seized material.
(2) We require a list of all personnel who have had dealings with the property to provide and comply with such an undertaking.
(3) We require a list of all personnel who have received any information from the unlawfully seized material to also provide and comply with such undertakings (to include legal advisers).
(4) We require an undertaking that no copies have been made of any of the unlawfully seized materials, and if such copies have been made we require an opportunity to witness the destruction of such copies, and a certificate that no further copies have been kept.
(5) It follows that entry to the three premises was unlawful, and in the case of April House our client was subject to witnessing for a brief period the continuation of his unlawful search by 18 officers some of whom were armed. We understand that these premises were damaged in the process. We maintain that these actions sound in damages at each of the three properties…[sums for settlement were identified without prejudice]"
"As you require return of all items we shall do so. However, we put you on notice that:
(1) We shall provide all the material to your firm. In our opinion, for reasons of clarity for your and our future purposes, this will be sorted into two parts: the material which is returned and not to be re-sought; the material to be re-sought. This does not involve copying or re-assessment: rather 'sorting' in accordance with the view previously taken as to relevance (the material uplifted having already been considered);
(2) The return of material is pending an application, currently being prepared under s345 POCA 2002 (Production Order) for you to produce the material considered to be relevant to the ongoing investigation;
(3) This application will be on notice.
(4) We specifically draw your attention to s343(2)(b) POCA which makes it an offence for a person to falsify, destroy, conceal or otherwise dispose of material relevant to the legislation.
We should emphasise and make it clear that as we regard some of the documents to be returned to you to be material, any disposal of such relevant material, by you to your client or to any other person, would amount to an offence contrary to s342.
In the light of the further action SOCA is now taking, we consider it unnecessary and unduly onerous to provide the undertakings you seek."
"Before any arrangement for return is fixed, please confirm what it is you propose to happen upon our attendance, namely:
— whether it is proposed that your client will be there;
— is it proposed that he will take possession of the material, which is a possibility when you refer to your offices as a 'handing over post' and delivery post.
We have already put you on notice of our intention to make an application for a production order for the relevant material under s345 POCA. In light of this we seek your urgent undertaking by return of fax that your client will not be present upon any attendance to return the material; that you take possession of it on behalf of your client; and further that you acknowledge that s342 POCA applies to you once you are in possession of the material."
The letter goes on to deal with the application and also the further application (inter parties) in relation to the discharge or variance of the restraint order due to be listed on Friday, 16 July.