News / General

Clarification of Law on Search Warrants

By SLAS Spokesperson

The High Court of Justiciary, sitting as an appeal court on 9th July accepted a Crown argument and has ruled that in future the presence of a civilian employed by the police on a search would not nullify the police search warrant. The key factor will be that it must be under the control of the police. This issue was raised in a recent case, HM Advocate v Andrew Aspinal in which the Sheriff upheld a defence objection on the admissibility of a police search and in which the accused was released.

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