Central Criminal Court

Old Bailey
23" November 2015

Dear Mr. Warren,

I have received your letter asking for information relating to failures by the NCA in
the obtaining of warrants. I am afraid I am somewhat limited in how much I can help,

but I can assist with some matters.

You are right in saying the question of unlawful warrants has been raised before me in
connection with three trials 7 the 2 pans of what you call Operation Enderby, and the

case of RV Kevin Hanley and others.

In relation to 'Enderby 1' the ruling I gave is a matter of public record and the court

will attach a copy of it electronically.

In relation to 'Enderby 2' no ruling was given in court and I am therefore quite unable
to give one to you. The Crown, in open court, withdrew its application when it
became clear that the same problem that had related to some of the search warrants
pertained to some of the production orders. In the light of their withdrawal there is no

judgement in the public domain.

In relation to Kevin Hanley and others the posrtton is even more complex I

--It wasn't until that main

trial was long completed that it became clear that some of the search warrants were or

may have been unlawfully obtained. Normally that would not be a matter for my

court. If the defence wished to take any point on it, their mute would be to the Court

of Appeal.

 

I ordered no review know there IS no external official
revtew that would involve a QC to investigate. I am aware that the NCA assert that
they take their failings very seriously and that they intend to conduct an internal

investigation.
As to other outstanding cases where similar problems might be arising 7 there must,
by vtrtue of the systemic nature of the problem, be other cases; but none have come
before me. You might get more information from a barrister who was involved in the
cases that were before me.

I hope this helps.

Yours sincerely

HHJ Wendy Joseph QC