Rottman v commissioners of police for the Metropolis

Rottman v commissioners of police for the Metropolis â€Å"Extradition search is lawful, lords say common law power is still available† The name of the parties are (appellant) commissioner of the police of the metropolis,(respondent) Mr. Michael Rottman . The judgment has been held in the house of lords. The judges on this were- Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Roger of Earlsferry. The barristers and solicitors in this case were, Mr. Perry, on behalf of the appellant and Miss Montgomery, for the respondent. The date of the judgment was 16th may 2002. MATERIAL FACTS- the respondent, Mr. Micheal Rottman , is a German businessman and was suspected of fraud in Germany. A court in Germany†¦show more content†¦In the Divisional Court Lord Justice Brooke said that in R v Governor of Pentonville Prison, Ex p. Osman Lord Justice Lloyd had said: Is there any difference between a warrant of arrest in domestic proceedings and a provisional warrant under section 6 of the Fugitive Offenders Act 1967? We can see none. His Lordship found it impossible to interpret Part II of the 1984 Act as providing any saving for the common-law power identified in Osman Parliament intended s. 18 to provide in codified form for the full extent of a constables power to enter and search premises after an arrest, for the purposes identified in that section, and intended it to be limited to police inquiries into domestic offences. His Lordship was satisfied that the common-law power of search which was identified in Osman was extinguished when Part II came into force. The police possessed no statutory power of entry and search without a warrant outside the four corners of the Act and the Act gave them no such power in an extradition context. The House of Lordss ratio However, in the Lords, Lord Hutton said that the Divisional CourtShow MoreRelatedRegina v Commisioner of the Metropolitan Police2798 Words   |  12 PagesStatus:   Positive or Neutral Judicial Treatment R. (on the application of Rottman) v Commissioner of Police of the Metropolis House of Lords 16 May 2002 Case Analysis Where Reported [2002] UKHL 20; [2002] 2 A.C. 692; [2002] 2 W.L.R. 1315; [2002] 2 All E.R. 865; [2002] H.R.L.R. 32; 12 B.H.R.C. 329; [2002] Po. L.R. 124; [2002] A.C.D. 69; Times, May 21, 2002; Independent, July 1, 2002; Official Transcript Case Digest Subject: Criminal procedure Keywords: Arrest; Extradition; PACE codes of practice;