30 November 2015

Robert Brown comments re UK National Crime Agency probe to review all warrants in the FT

UK National Crime Agency probe to review all warrants in the FT

Gonzalo Viña and Caroline Binham

Britain’s National Crime Agency will carry out an internal investigation after admitting that it may have acted unlawfully, putting its current inquiries and prosecutions at risk.

The NCA said on Friday it had “instigated a comprehensive review of inherited processes [from predecessor Serious Organised Crime Agency] and standards around warrant applications, and of live cases where issues with warrants may not have been previously identified.”

Court documents reveal that NCA officers responsible for applying for warrants and production orders did not seek proper legal advice. The NCA said on Friday that it would update guidance to officers and revise training for officers applying for warrants.

Robert Brown, partner at Corker Binning, said: “If a search warrant is found to be illegal post-conviction, this may provide sufficient basis for the Court of Appeal to rule the conviction unsafe. The evidence should not have been available, and the trial court’s process was effectively abused.”

Read the full article on the FT here.