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Court of Criminal Appeal dismisses appeal from conviction for sexual assault, on the grounds that the search warrant was valid as the format of the “information on oath” was sufficient (it did not need to be in a written form) and any deviation from the prescribed form did not materially affect the substance of the warrant.
Criminal law – identification of assailant – validity of search warrant – s.10(1) of the Criminal Justice (Miscellaneous Provisions) Act 1997, as substituted by s.6(1)(a) of the Criminal Justice Act 2006 – warrant here did not conform to the form prescribed by the District Court Rules – whether “evidence on oath” properly before District Judge – S.I. 322/2008 (District Court (Search warrants) Rules 2008) – Order 34, Rule 17 – consequence of the clear and admitted deviation from the format prescribed by the rules – ss. 90 and 91 of the Courts of Justice Act 1924 – relevant rules of the District Court do not establish any jurisdictional provision compliance which is required to be demonstrated on the face of any warrant – search warrant valid – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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