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A judge doesn't make an evidential finding when issuing a warrant, they don't study the evidence at all. In fact no evidence is presented. The officer swears th
by JoeSmithson 6y ago
A judge doesn't make an evidential finding when issuing a warrant, they don't study the evidence at all. In fact no evidence is presented. The officer swears that the factual basis for the application is true. The court is there to check necessity and proportionality on the assumption the officer's sworn application is true.
Edit: I'm sure they retain the right to inspect the evidence if they want to
- hlandau 6y agoThat was basically what I was trying to say, yes. I wasn't saying a court would conduct its own investigation; obviously they assume the applicants are telling the truth and wouldn't commit perjury. But it absolutely is within the court's remit to consider the documents filed and decide whether the evidence presented therein amounts to enough of a case to issue a warrant. It's something conspicuously absent from the IPA, which puts this responsibility on ministers.