by cromwell » 17 Aug 2014, 10:11
There was a very good article in the I paper yesterday from a QC., stating unequivocally that the police have ignored due process in this case.
Police codes require that searches by done "with due consideration for the property and privacy" of the occupier". Not the case here, with the BBC tipped off and using a helicopter to film the officers entering Cliff Richard's flat.
Also "the officer in charge of the search shall first try to communicate with the occupier". Again this hasn't been done. Sir Cliff may be in Portugal but if the police can't get in touch with such a well known figure via his agent or whatever, they can't be trying too hard. Cliff Richard only found out about this search when his lawyer rang him up, after seeing it on the TV.
Then, why was a search warrant granted at all? The 1984 Police and Criminal Evidence states that there should be reasonable grounds for believing that an offence has been committed, but also that the is reasonable grounds for believing that there is material on the premises both relevant, and of substantial value". Is that the case here? That there is likely to be evidence in one of Cliff Richards' properties in the south of England, for an alleged indecent offence 25 years earlier, in Sheffield?
This trial by media is going to come back and bite the police before too long. I don't know if Cliff Richard is guilty or innocent but when the police either don't know or choose to ignore their own rules then that's not a good thing.
"Facts do not cease to exist because they are ignored" - Aldous Huxley