Abuse of Power

There is something about the Damien Green affair that worries the hell out of me. Now my understanding is that if the Police want to search your property or possibly confiscate your belongings BUT they do not have evidence of an illegal act, they can get a "Search Warrant" which will allow them to search and confiscate items that may have been used in an illegal act. To get the warrant, they have to convince a Judge that it will help them substantively in their investigations.

However, if they arrest you, things are different, the section below is taken, verbatim, from http://www.adviceguide.org.uk/index/your_rights/legal_system/police_powers.htm#Powersofentry. All bold sections are my emphasis

If the police do arrest you, they can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested, and they must have reasonable grounds for believing there is evidence there. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence.

In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property – again, unless it would frustrate the search to do this.

When they are carrying out a search police officers must:

• identify themselves and - if they are not in uniform - show their warrant card, and
• explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not.

Now Damien Green was arrested at his home, yet his offices in Parliament were also searched. So according to the text above, this immediately gives the Police the authority to search his home, but what about:

• They can also search any premises occupied by someone who is under arrest for certain serious offences.

What is the Serious Offence which has been committed, for which No-one has been charged? Was a Warrant obtained to search his offices? If not, does the Speakers remit cover allowing the authorities access to an MP's private correspondence?

Police ALWAYS want more powers, sometimes it is understandable, sometimes not, but when we end up with the situation we've had over the last few days I think there should be much greater, transparent oversight