Campbell v Bromley Magistrates Court and Another
| Jurisdiction | England & Wales |
| Judge | Lord Justice Hamblen |
| Judgment Date | 01 February 2017 |
| Neutral Citation | [2017] EWCA Civ 208 |
| Court | Court of Appeal (Civil Division) |
| Date | 01 February 2017 |
| Docket Number | Case No: C1/2015/4075 + 4075(A) |
[2017] EWCA Civ 208
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT, QBD
ADMINISTRATIVE COURT
(MR JUSTICE GOSS)
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Hamblen
Case No: C1/2015/4075 + 4075(A)
Ms Anne Studd, QC (instructed by COAS) appeared on behalf of the Applicant
The Respondent did not appear and was not represented
There are two applications before the court today. One is a renewed application for permission to appeal against an order of Goss J on 26 November 2015 whereby he refused permission to apply for judicial review and the other is an application to cross-examine an officer. That latter application has not been pursued today. In relation to the application for permission to appeal, only one ground is now pursued.
The background is that on 10 January 2014, the Metropolitan Police executed a search warrant granted pursuant to section 96(b) of the Sexual Offences Act 2003 at the applicant's home address. During the course of this search, some cash was seized at the property. He was also arrested on suspicion of money laundering.
On 11 January 2014, the applicant complained to the police regarding their execution of the search warrant. The applicant subsequently wrote to the Independent Police Complaints Commission ("IPCC"), complaining that his complaint had not been fully recorded. The IPCC primarily responded through directing the Metropolitan Police to record the applicant's complaint fully.
During the investigation process, the Metropolitan Police produced both draft and final reports and concluded that none of the applicant's complaints would be upheld. By decision letter of 8 January 2015, the IPCC determined the applicant's appeal and upheld his appeal in part.
Successive orders were also made by the magistrates on 19 February 2014 and 14 March 2014 to sanction the further detention of the seized money.
The applicant then brought three claims. First, an application for permission to bring judicial review proceedings against the IPCC challenging its decision in determining the applicant's appeal in relation to the investigations conducted by the Metropolitan Police. Secondly, an appeal by way of case stated against the decision of Hunter DJ of 27 March 2015 pursuant to which he ordered that the sum of £7,720, which was seized on 10 January 2014, should be forfeited pursuant to the Proceeds of Crime Act 2002 (" POCA"). Thirdly, an application for permission to bring judicial review proceedings against the Bromley Magistrates Court and Metropolitan Police Commissioner in respect of a number of case management decisions evidential rulings and final decisions.
On August 2014, the magistrates set dates for a final and for a preliminary hearing. On 19 November 2014 the hearing of 25 November 2014 was vacated on the premise that all matters could be dealt with at one hearing. The applicant sought to challenge this decision by way of judicial review. His application was refused on the papers on the basis that there was no compelling reason to interfere with a case management decision and there was no error of law.
The applicant contended that the evidence relied upon by the police had been fabricated and made an application for a voir dire to be held to address this.
Pursuant to the appeal by way of case stated, Hunter DJ invited the administrative court to determine whether he was entitled to find that the cash seized was recoverable property and/or intended for use is unlawful conduct in the light of McDowell & Singh v The Queen [2015] EWCA Crim 173. He declined to state a case of the failure to hold a preliminary hearing.
The appeal by way of case stated the application for permission to apply for judicial review against the Bromley Magistrates Court was heard by Goss...
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Desmond Campbell v Bromley Magistrates' Court The Commissioner of Police of The Metropolis (Interested Party)
...James Munby, President of the Family Division: 1 This is an appeal, pursuant to permission granted by Hamblen LJ on 1 February 2017, [2017] EWCA Civ 208, from an order made by Goss J on 26 November 2015, [2015] EWHC 3424 (Admin), refusing the appellant permission to apply for judicial rev......