QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE SIMON
|COMMISSIONER OF POLICE FOR THE METROPOLIS||Defendant|
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
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(Official Shorthand Writers to the Court)
Mr N Wilcox (instructed by Mark Davis MPS) appeared on behalf of the Defendant
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"(1)... It is an offence for a person—
(a)to take, or permit to be taken [or to make], any indecent photograph [or pseudo-photograph] of a child..."
"The following applies where a justice of the peace is satisfied by information on oath, laid by or on behalf of the Director of Public Prosecutions or by a constable, that there is reasonable ground for suspecting that, in any premises...there [is an indecent photograph [or pseudo-photograph] of a child].
(2) The justice may issue a warrant under his hand authorising any constable to enter (if need be by force) and search the premises ... and to seize and remove any articles which he believes (with reasonable cause) to be or include indecent photographs [or pseudo-photographs]of children."
"Alleged offence: section 1(1)(a) Protection of Children Act 1978 making an indecent photograph of children. This deponent on oath says: information has been received by police interest Interpol Law Enforcement Agencies that on 23/7/1997 a person called [and then there appears the claimant's first and second names] with an email address of [a word]@yahoo.co.uk and supplying bank account details in the same name registered with and subscribed to a website called, 'IWEPAY'. This website provides access to a substantial number of websites hosting images of child pornography.
Police intelligence checks have identified that Mr [and then the claimant's full name appears and a date given for his date of birth] now resides at the address subject to this warrant.
There are reasonable grounds to believe that this person has access and downloaded indecent images of children."
"It is correct that actual payment is required before accessing any indecent images in the normal way that these operations work."
I should note that Mr Wilcox submits, however, that there are instances (and there is some evidence about this) in which access may be obtained without payment.
"In the absence of evidence of an actual payment, the offence alleged prior to the search should not properly have been described in the substantive form. The evidence provided that the information does not affect the fact that a warrant would and should in any event have been granted in relation to an inchoate offence."
3: The court itself must give the most mature and careful consideration to all the facts of the case (see amongst many instances Williams v Somerfield  2 QB 512 at 518 and Wood v North of England Magistrates' Court  EWHC (Admin) 3614 per Moses LJ at paragraph 29).