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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

21 SEP 2011

R (Eastenders Cash & Carry Plc) v South Western Magistrates Court [2011] EWHC 937 (Admin), [2011] JPLO (Sept)

Criminal law – search warrants under section 46 Firearms Act 1968 – two-fold test – distinction between suspicion and belief

22 March 2011
Divisional Court
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).

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