Case Note
Regina (Rottman) v Commissioner of Police of the Metropolis - [2002] 2 AC 692
Court: House of Lords
Date: 16 MAY 2002
Judges: Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry
Lawyers: Clare Montgomery, QC, for the respondent; David Perry, for the appellant
Procedural History:
The Divisional Court of the Queen’s Bench Division granted Mr. Rottman a declaration that the statutory power of entry, search and seizure without a warrant in Part II of Police and Criminal Evidence Act 1984 (“PACE”) did not extend to extradition cases, and that any search and seizure had been unlawful and in breach of Article 8 of the Human Right Convention (“ECHR”). The Commissioner of Police appealed to the House of Lords.
Material Facts:
Mr. Rottman is a German businessman. A court in Germany issued a warrant for his arrest in 1996 with an allegation that he committed fraud in Germany. On 13 September 2000, the Metropolitan Police received an extradition request from Germany authorities. Provisional warrant for his arrest issued by the Bow Street Magistrates’ Court on 22 September 2000 under section 8(1) of the Extradition Act 1989. The respondent was arrested in the driveway of his house in England on 23 September 2000. Two German police officers from the German Fugitive asked a senior Metropolitan police officer to search the premises after the respondent was arrested. Police then search the house and seized a number of articles in it which they took away to New Scotland Yard.
The House of Lord Opinion:
The House of Lord’s opinion was 4-1 in favour of the appellant. The opinions of Lord Hutton and Lord Rodger were in favour of the appellant and Lord Nicholls and Lord Hoffmann agreed with them. Lord Hope gave dissenting judgement in favour of the respondent.
Ratio of the Case:
Police were entitled under section 17 of PACE to enter premises in order to search for the person wanted for
Court: House of Lords
Date: 16 MAY 2002
Judges: Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry
Lawyers: Clare Montgomery, QC, for the respondent; David Perry, for the appellant
Procedural History:
The Divisional Court of the Queen’s Bench Division granted Mr. Rottman a declaration that the statutory power of entry, search and seizure without a warrant in Part II of Police and Criminal Evidence Act 1984 (“PACE”) did not extend to extradition cases, and that any search and seizure had been unlawful and in breach of Article 8 of the Human Right Convention (“ECHR”). The Commissioner of Police appealed to the House of Lords.
Material Facts:
Mr. Rottman is a German businessman. A court in Germany issued a warrant for his arrest in 1996 with an allegation that he committed fraud in Germany. On 13 September 2000, the Metropolitan Police received an extradition request from Germany authorities. Provisional warrant for his arrest issued by the Bow Street Magistrates’ Court on 22 September 2000 under section 8(1) of the Extradition Act 1989. The respondent was arrested in the driveway of his house in England on 23 September 2000. Two German police officers from the German Fugitive asked a senior Metropolitan police officer to search the premises after the respondent was arrested. Police then search the house and seized a number of articles in it which they took away to New Scotland Yard.
The House of Lord Opinion:
The House of Lord’s opinion was 4-1 in favour of the appellant. The opinions of Lord Hutton and Lord Rodger were in favour of the appellant and Lord Nicholls and Lord Hoffmann agreed with them. Lord Hope gave dissenting judgement in favour of the respondent.
Ratio of the Case:
Police were entitled under section 17 of PACE to enter premises in order to search for the person wanted for