Essay about A Warrant for Rottman's Arrest by Germany

Essay about A Warrant for Rottman's Arrest by Germany

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Material Facts

In 1996 a warrant was issued in Germany for the arrest of Rottman in connection with alleged fraud offences. Metropolitan Police received a request from the German authorities for Rottman’s extradition. His precise whereabouts within England at the time were unknown. A provisional warrant for his arrest was issued by Bow Street magistrates’ court under s 8 (1) Extradition Act 1989 ( no search warrant issued). The officers then followed him into the driveway of the house where he had been living after spotting him as a result of a surveillance operation and he was arrested outside the door. Soon after, German police officers asked the senior officer present to search the house. Thereafter the officers entered and searched the house and removed items belonging to the claimant which they suspected might hold evidence of the alleged offences, having acted in purported reliance on section 18 in Part II of the Police and Criminal Evidence Act 1984' and in the belief that they had power under common law to search the premises of a suspect following his arrest on an extradition warrant.
Procedural History

Rottman brought an application for judicial review against the Commissioner and the Home Secretary in respect of the decision by the police to enter his home to search for and seize items. The Divisional Court held that the statutory powers of entry, search and seizure without a warrant in Part II of the Police and Criminal Evidence Act 1984 (PACE) did not extend to extradition cases, that any powers of search under the common law had been extinguished when the 1984 Act came into force and that accordingly the search and seizure had been unlawful and in violation of the claimant's rights under article 8 of the European ...

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...d Denning with regards to search and seizure without a warrant. He considered the Scottish practice of awarding arrest and search warrants together as the Extradition Act also applied to Scotland. He upheld the principles in Osman and concluded that common law applied to both domestic and extraditable offences and that common law powers were not extinguished by PACE.
Section 17(5) had abolished common law powers to enter premises for an arrest but said nothing for search and seizure. Power of search was under S18 and S32 and neither had a provision to abolish common law powers. Common law powers still applied in extraditable cases only. Since S18 and 19 were framed to deal with domestic abuses it was clear that Parliament wanted to restrict itself to domestic offences. There was no evidence that Parliament intended to extend PACE to include extraditable offences.

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