Michael Stewart v. Her Majesty’s Advocate [2015] HCJAC 13

Bill of suspension:- Here the complainer sought to suspend a search warrant granted under section 23(3) of the Misuse of Drugs Act 1971 by a justice of the peace at Glasgow on 4 April 2012 in relation to the complainer’s property at 5 Daniel McLaughlin Place, Kirkintilloch. The complainer has since been indicted to the High Court in relation to alleged contraventions of section 4(3)(b) of the Misuse of Drugs Act 1971. The Crown intended to lead evidence at the trial of evidence recovered from the complainer’s property and here the complainer sought to have the warrant suspended on the grounds that it ought not to have been granted by the justice of the peace which would result in any evidence that was recovered being inadmissible at any trial. Here it was contended on behalf of the complainer that the information presented to the justice by the police officer who craved the warrant was insufficient. A number of criticisms of the quality of the information presented to the justice by the police was made on behalf of the complainer. Here the court refused to pass the Bill. The court considered that there was no question of the justice having been deliberately deceived by the police officer who deponed on oath before him. The court observed that, unlike in an objection to the admissibility of evidence which can be challenged by way of an evidential hearing a warrant granted under section 23(3) does not provide for any such evidential hearing to determine the validity of the warrant as the statutory basis upon which such warrants are granted, whether the statutory criterion have been met, is whether there is reasonable grounds for suspecting. Whilst there may be occasions when warrants can be suspended on the basis of lack of information being given to the justice or if the information was given knowingly by the police to be false then the High Court could intervene and suspend the warrant. In the present case, however, there was a lack of specification for the remedy sought and the bill was refused.