Investigation in UK Law

Leading Cases
  • O'Hara v UK
    • House of Lords
    • 12 Dic 1996

    (3) The information which causes the constable to be suspicious of the individual must be in existence to the knowledge of the police officer at the time he makes the arrest. (3) The information which causes the constable to be suspicious of the individual must be in existence to the knowledge of the police officer at the time he makes the arrest.

    The information acted on by the arresting officer need not be based on his own observations, as he is entitled to form a suspicion based on what he has been told. The information acted on by the arresting officer need not be based on his own observations, as he is entitled to form a suspicion based on what he has been told.

  • Dabas v High Court of Justice in Madrid, Spain
    • House of Lords
    • 28 Feb 2007

    I wish to stress, however, that the judge must first be satisfied that the warrant with which he is dealing is a Part 1 warrant within the meaning of section 2(2). A warrant which does not contain the statements referred to in that subsection cannot be eked out by extraneous information. The requirements of section 2(2) are mandatory. If they are not met, the warrant is not a Part 1 warrant and the remaining provisions of that Part of the Act will not apply to it.

  • R v Osbourne
    • Court of Appeal
    • 08 Dic 1972

    At the gathering of information stage no caution of any kind need be administered. The final stage, the one contemplated by Rule 3 of the Judges' Rules, is when the Police Officer has got enough (and I stress the word 'enough') evidence to prefer a charge. That is clear from the introduction to the Judges' Rules which sets out the principle.

  • Chic Fashions (West Wales) Ltd v Jones
    • Court of Appeal
    • 12 Dic 1967

    It will be noticed that Mr Justice Horridge relied on the fact that the documents were used in evidence at the trial. But I cannot think that is a necessary condition to justify their seizure. It may often happen that, on investigation, the prosecution decide not to go on with the case. The seizure must be justified at the time, irrespective of whether the case goes to trial or not. It cannot be made lawful or unlawful according to what happens afterwards.

    In my opinion, when a constable enters a house by virtue of a search warrant for stolen goods, he may seize not only the goods which he reasonably believes to be covered by the warrant, but also any other goods which he believes on reasonable grounds to have been stolen and to be material evidence on a charge of stealing or receiving against the person in possession of them or anyone associated with him.

  • Roy v Prior
    • House of Lords
    • 07 Jul 1970

    Immunities conferred by the law in respect of legal proceedings need always to be checked against a broad view of the public interest. So checked, the present case provides no justification for protecting absolutely what the solicitor said in the court.

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Books & Journal Articles
  • Investigation committee.
    • Núm. 2010, Enero 2010
    • Financial Management (UK)
    ...The investigation committee found a prima facie case for Lindsay Neil Burgess FCMA to answer in relation to a complaint that he had acted unprofessionally in: failing to respond to correspondence from a client, failing to produce the draft accounts, ......
  • Investigation committee.
    • Núm. 2009, Marzo - Mayo 2009
    • Financial Management (UK)
    ...The committee found a prima facie case for Ravinder Garcha ACMA to answer concerning an alleged failure to exhibit professional behaviour by failing to provide a copy tax return and appeal to penalty notice to a client; failing to return documents; a......
  • Investigation committee.
    • Núm. 2008, Abril 2008
    • Financial Management (UK)
    ...The investigation committee found a prima facie case for Graham Brickstock ACMA to answer concerning allegations that he had: failed to inform clients of additional costs when they arose; delayed billing for work he had carried out in 2004 until 2007......
  • Investigation committee.
    • Núm. 2010, Enero 2010
    • Financial Management (UK)
    ...The committee found a prima facie case for Peter Hans Michael Hillier ACMA to answer in relation to a complaint that he had: held an overpayment from a client to meet an invoice, not then rendered, for professional services to another company; breach......
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Law Firm Commentaries
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