header-logo header-logo

Search & seizure: protecting confidential material

20 September 2024 / Jessica Parker
Issue: 8086 / Categories: Features , Criminal , Media , Judicial review , Fraud
printer mail-detail
189724
What happens when police seize confidential journalistic material following execution of a search warrant? Jessica Parker explains
  • Examines the law relating to the seizure of confidential material following execution of a search warrant.
  • Discusses the case of R (On the Application of LXP) v Central Criminal Court Commissioner of Police of the Metropolis [2023] EWHC 2824 (Admin), involving the seizure of journalistic material and culminating in judicial review.
  • Highlights the challenge faced by those subjected to searches in seeking to protect confidential material that the investigator had no power to seize.

The law relating to confidential material seized during the execution of a search warrant is likely to interest financial crime lawyers as much as their colleagues at the coalface, given the increasing use of searches by the Serious Fraud Office (SFO). There have been more in the past six months than in the previous director’s entire tenure.

A judgment towards the end of last year examined a number of thorny issues arising from the execution

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
back-to-top-scroll