Can the Chief Constable tell me the number of search warrants struck down by the courts per year for the last 5 years. What was each of these cases and what was the reason for the search warrant being declared unlawful?
Unfortunately, PSNI does not hold a record of such information, and is unable to provide an accurate figure.
PSNI recognises that premises search warrants are a serious interference with Article 8 of the European Convention on Human Rights (ECHR). Applications for such warrants are subject to a detailed Code of Practice under the Police & Criminal Evidence (Northern Ireland) Order 1989 (PACE) Code B.
Applications to enter and search premises are subject to authorisation by an officer of at least Inspector rank before they are produced for consideration by a Judge. It is the duty of the officers, making and authorising these applications, to ensure that briefings are accurate and that all documentation is legally compliant. There must also be reasonable grounds for the search and it must be a necessary and proportionate action.
There is a significant amount of information provided at the earliest stage of an application to the authorising police officer and Judge. The application also includes comprehensive notes for guidance to ensure any application that is produced satisfies the entitlement criteria and is lawful. Only when the Judge is satisfied that police have demonstrated this, is a warrant to enter and search issued.
Any breach of procedure may result in the warrant being declared unlawful, thereby rendering action taken pursuant to the warrant also potentially unlawful.
Joanne Bunting - DUP