Commissioner of Police for the Metropolis v Bangs (Rev 1)

Judgment

Lord Justice Beatson:

This is an appeal by way of case stated under section 111 of the Magistrates Court Act 1980 (“the 1980 Act”). It concerns the disclosure of the Information laid before Magistrates in support of an application for a search warrant of the home address of the respondent, Ms Dawn Bangs under section 23 of the Misuse of Drugs 1971 (“the 1971 Act”). Section 23 of the 1971 Act empowers a Justice of the Peace who is satisfied by information on oath that there is reasonable ground for suspecting that any controlled drugs are in the possession of a person on any premises to grant a warrant authorising the police to search the premises and any persons found in them. The Commissioner of Police for the Metropolis (“the Commissioner”) appeals against the decision of District Judge (Magistrates Courts) Crane made on 26 March 2013 at the Highbury Corner Magistrates’ Court (“the Magistrates’ Court”) to order disclosure of the Information and the notes made by the legal adviser to the Justices in Ms Bangs’ case.

The factual and procedural history:

On 24 September 2012, Justices of the Peace sitting at the Enfield Magistrates Court granted a search warrant authorising a search of Ms Bangs’ home address at 131 Kempe Road, Enfield. Ms Bangs lived at the premises with her granddaughter and grandson. At the material time they were respectively 13 and 11 years old. The warrant was executed by police officers at around 6:00pm. Ms Bangs was restrained using handcuffs and two uniformed female police officers conducted an intimate search of her. The officers also sprayed her dogs from an object resembling a fire extinguisher. No illicit property was found during the search, and no property was seized.

On 30 October 2012, Ms Bangs’ solicitors, Fisher Meredith, wrote to the Magistrates Court asking to see the Information that was laid before the Justices when the application for the warrant was made. In response to a question by the court they stated they required it in order to be able to advise her about a potential claim against the police. The Commissioner objected to the disclosure of the Information on the ground of Public Interest Immunity (hereafter “PII”), although no explanation as to why was given. Consideration was given by Ms Bangs’ solicitors to instituting judicial review proceedings, and a letter before claim dated 14 December 2012 was sent to the Court and the Commissioner. As a result of exchanges between the solicitors and the Depu