Search and imaging orders Flashcards
(5 cards)
1
Q
what does this order do?
A
enables a party to enter D’s premises to search for and remove evidence that might otherwise be destroyed/concealed by D
2
Q
what must be filed?
A
Application + supported by an affidavit
3
Q
what must be addressed in the affidavit?
A
o Details of premises
o Details of supervising solicitor
o Reason order sought + probability material will disappear if order not made
4
Q
what grounds must be evidenced?
A
o Strong prima facie case for a COA
o Potential damage is serious
o Clear evidence responded has incriminating docs etc
o Real possibility of destruction
o Harm on respondent is proportionate
5
Q
what are the service obligations?
A
the order must be personally served by a Supervising Solicitor (i.e. with experience of search orders)
