R (Eastenders Cash & Carry Plc) v South Western Magistrates Court  EWHC 937 (Admin),  JPLO (Sept)
Criminal law – search warrants under section 46 Firearms Act 1968 – two-fold test – distinction between suspicion and belief
22 March 2011
Sullivan LJ; Owen J
When a judge grants a search warrant under section 46 of the Firearms Act 1968, a two-fold subjective and objective test is to be applied; the threshold for a reasonable suspicion is lower than for a reasonable belief.
On appeal from:
South Western Magistrates Court
(1) The claimant (E) sought judicial review of two decisions (a) to grant a search warrant under section 46 of the Firearms Act 1968 and (b) to refuse to disclose information that was laid before the defendant by the Detective Constable (the interested party).
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Public Law online from the drop down menu.
An authoritative source of case reports covering every aspect of immigration, asylum and...