what is the status of any evidence taken using seize and sift powers if a Section 52 Notice of Powers document is not supplied at the time.
Does it render the seizure illegal? cant seem to find any case law
Sorry, no idea, but it seems you've got a 'fun' case going on - every other question on the board has been from pbeardmore over the last few days! wink
Good luck.
Yes, all routine stuff for a few months and then suddenly some very interesting situations
Hi pbeardmore
for those outside the UK this link may be useful background reading
http//
were you present at the seizure as an expert ?
I presume some one else is responsible for the paperwork and getting legal advice.
Usually if you find out something incriminating during a search in the UK courts (judges) can decide if it is fair to allow it to be produced even if not all procedures are followed (eg handing over document a day or so late is different from a week or a month late)
regards
Mike Barnes
May also be useful to mention that Home Office guidance and guidelines, whilst needed, the guidance and guidelines interpret certain processes and/or procedures but do not operate as parallel law. It is possible that guidance and guidelines can still fall short and not find perfection with the written law.
Are we talking about computer evidence or paper documents?
Its the legal principle at stake, doesnt matter whether its paper or data I think