Tory MPs Criticise Plan to Give Police Powers to Search Homes Without Warrant

Conservative MPs Condemn Proposal to Grant Police Authority to Search Residences Without Warrant

November 8, 2023 TruthUSA

Former cabinet ministers Jacob Rees-Mogg and David Davis have criticized a government proposal to allow police to search premises without needing a warrant.

Several Conservative MPs, including a former cabinet minister and a shadow home secretary, have criticized government plans, outlined in the King’s Speech, to give the police in England and Wales the power to search homes and other buildings without a warrant.

David Davis, who was shadow home secretary between 2003 and 2008 and Brexit Secretary between July 2016 and July 2018, called it a “fundamental mistake.” Sir Jacob Rees-Mogg, who was a cabinet minister under Boris Johnson, also warned against diluting, “our ancient liberties.”

In the King’s Speech, the government said a new Criminal Justice Bill would give, “the police the powers they need to dismantle organized crime groups operating under the radar by creating a new power to enter a premises without a warrant to seize stolen goods, such as phones, based off GPS location tracking technology.”

It has been suggested the police would be entitled to force entry to a flat or house using the Find My iPhone app or similar technology, which rely on a device’s GPS tracking.

The proposal for warrant-free searches has been criticized by some who fear the technology is not accurate enough, and by others who feel there needs to be judicial oversight.

‘Massively Important British Value’

He said: “This is one of the fundamental foundation stones of free British society, it’s there with jury trials and it’s there with the presumption of innocence. The right not to have the state kick your door down without judicial approval is a massively important British value.”

Sir Jacob said of the police: “Their leadership, we must acknowledge, has been pretty poor. And that seems to me not to be the time to give them a power that goes against one of our most ancient constitutional safeguards.”

“If they are to come through your door they need evidence and a warrant. It is a foundation of our liberties, and I don’t think a King’s Speech as a prelude to a manifesto is a place in which to water down our ancient liberties,” said the former Leader of the House of Commons, who left his most recent cabinet job when Mr. Sunak became leader in Oct. 2022.

According to the Law Commission, which carried out a consultation in 2017, around 40,000 search warrants a year are issued in England and Wales.

It said: “There are over 175 different powers to issue search warrants. Some, like the general power under section 8 of the Police and Criminal Evidence Act 1984, are used to look for evidence of a criminal offense. Some more specific powers allow the searcher to remove stolen goods, drugs, firearms or other dangerous materials, or to rescue people or animals in danger or distress. Other powers relate to complex financial or specialized investigations.”

In order to gain a search warrant, police or other law enforcement agencies have to get written authorization from a judge.

The Law Commission said: “Search warrants are usually issued by a court following an application by a police officer or other investigator. Most search warrants authorize the investigator to seize and retain relevant material found during the search.”

The police do not need a search warrant if they are looking for a fugitive from justice or a suspect in a criminal case.

PA Media contributed to this content.

Source link