Regina v Commissioner of Police for the Metropolis, Ex p Rottman, (2002)

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Regina v Commissioner of Police for the Metropolis, Ex p Rottman, (2002)

HOUSE OF LORDS

Lord Nicholls of Birkenhead Lord Hoffmann Lord Hope of Craighead Lord Hutton Lord Rodger of Earlsferry

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

REGINA

v

COMMISSIONER OF POLICE FOR THE METROPOLIS (APPELLANT)

EX PARTE ROTTMAN (RESPONDENT)

(On Appeal from a Divisional Court of the Queen's Bench Division)

ON 16 MAY 2002

[2002] UKHL 20

LORD NICHOLLS OF BIRKENHEAD

My Lords,

1. I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Hutton and Lord Rodger of Earlsferry. For the reasons they give, and with which I agree, I would answer the certified question in the manner Lord Hutton proposes and allow this appeal accordingly.

LORD HOFFMANN

My Lords,

2. I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Hutton and Lord Rodger of Earlsferry. For the reasons they give, and with which I agree, I would answer the certified question in the manner Lord Hutton proposes and allow this appeal accordingly.

LORD HOPE OF CRAIGHEAD

My Lords,

3. My noble and learned friend, Lord Hutton, whose speech I have had the advantage of reading in draft, has described the background to this case. I gratefully adopt his account of it. For the reasons which he has given, and for the reasons given by my noble and learned friend, Lord Rodger of Earlsferry, I agree that the powers which are given to the police by sections 18 and 19 of the Police and Criminal Evidence Act 1984 ("PACE") do not apply where a person is arrested under a provisional warrant for an extradition offence. I also agree with Lord Rodger that the power in section 32 of that Act to search premises in which the person was when he was arrested does not apply either as the term "offence" in subsection 2(b) is confined to domestic offences, and that section 17(5) of PACE has nothing to do with the power of the police to search premises once a person has been arrested. I regret however that I am unable to agree with my noble and learned friends' analysis of the powers which are available to a police officer at common law where he is in possession of an arrest warrant.

4. As Lord Hutton has explained, we are concerned here with a provisional warrant for the arrest of the respondent which was issued under section 8(1) of the Extradition Act 1989. A magistrate has power to issue a warrant of arrest under that section if he is supplied with sufficient evidence to satisfy him that he would be justified in issuing a warrant for the arrest of a person accused of a crime committed within his jurisdiction and that the conduct alleged would constitute an extradition crime: section 8(3). The purpose of the arrest, as section 9(1) makes clear, is to enable the re...

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