Several Conservative MPs, including a former cabinet minister and a shadow home secretary, have criticised 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.”
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 criticised by some who fear the technology is not accurate enough, and by others who feel there needs to be judicial oversight.
Gerry Campbell, a former detective chief superintendent with the Metropolitan Police, wrote on X, formerly known on Twitter: “The Apple FindMyPhone app is not currently used by the Met and other forces to take action when devices are stolen, apparently as the app locations provided are not accurate. The devil will be in the detail of any new legal provision.”
‘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.
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 offence. 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 specialised investigations.”
In order to gain a search warrant, police or other law enforcement agencies have to get written authorisation 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 authorise 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.
