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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
1 Oxford Row Leeds West Yorkshire LS1 3BG |
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B e f o r e :
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MARZAN | Claimant | |
v | ||
RSPCA | Defendant |
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WordWave International Limited Trading as DTI
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr Clarke appeared on behalf of the Defendant
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Crown Copyright ©
MR JUSTICE LEGGATT:
a. Did PS Green, on the facts of the case, make an unlawful entry under section 17(1)(e) of the Police and Criminal Evidence Act 1984 such that any evidence obtained therefrom was inadmissible?
b. Did PS Green genuinely believe that it was necessary for her to enter the premises to prevent serious damage to property (in this case dogs)?
c. If PS Green did hold such a genuine belief, was that belief based on reasonable grounds?