By Anthony James, criminal and regulatory barrister at Mountford Chambers.
On 10 November 2023, the High Court handed down a decision regarding the legality of the seizure of alleged journalistic material by the Metropolitan Police (“MPS”). The judgment looks at whether stolen material can be considered journalistic material and also the balance between the public interest in the MPS investigation and Article 10 European Convention on Human Rights (“ECHR”).
The Facts
In July 2022, the MPS were granted a search warrant under section 9 of the Official Secrets Act (“OSA”) 1911 on the basis that there were reasonable grounds to suspect offences had been committed by the Claimant, LXP, under section 5 OSA 1989, namely the disclosure of information relating to national security, intelligence an...
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