Journalist wins court ruling against unlawful police raid with NUJ backing

The NUJ has welcomed the Central Criminal Court’s decision to refuse police access to Asa Winstanley’s journalistic property after determining that the search warrant was unlawful.

On 17 October 2024, counter-terror police raided Winstanley’s home in North London. The journalist was neither arrested nor charged with an offence.

Following the seizure of Winstanley’s journalistic materials, police applied to access his devices, documents, and contacts. HHJ Mark Lucraft KC, the Old Bailey’s most senior judge, rejected the request, stating: "I am very troubled by the way in which the search warrant was drafted, approved and granted where items were to be seized from a journalist. Whilst I entirely accept a journalist may be undertaking other activity alongside that role, on the known facts here, great caution should have been exercised."

Winstanley’s legal team, led by Bindmans Lawyers and backed by the NUJ, successfully argued that the warrant was “obviously unlawful” and that the police did not have grounds to suspect criminality.

Laura Davison, NUJ general secretary, said:

“This ruling resoundingly affirms journalists' right to protect sources as enshrined in law. The seizure of our member’s property was a brazen attempt to intimidate journalists working in the public interest. Abusing counter-terror legislation to stifle press freedom undermines public trust in the police, journalists’ safety, and democracy. Just weeks ago the UK prime minister stood up in parliament and spoke about the importance of a free press and independent journalism. We urge the government to make good on their words and prevent the targeting of journalists, like Asa Winstanley, through raids and detentions. We welcome the judge’s verdict and seek urgent clarity on police plans to prevent further unlawful investigations of journalists.”

Asa Winstanley said:

“This ruling is a decisive victory for press freedom in the UK. My hope is that this marks the beginning of the end to the police’s systematic misuse of counter-terror powers against journalists who report on Palestine.

My legal team were able to block the police from accessing my notes, contacts, emails, documents and all other journalistic material on my devices. The NUJ’s funding of Tayab Ali and his brilliant team at Bindmans, as well as my barrister Jude Bunting KC, was an essential component of this victory. Thank you to the NUJ for standing by me and protecting the important principle of journalists’ duty to protect their sources.

The police must now drop their criminal investigation into my social media posts. Reporting on Israel’s genocide in Gaza is not a crime. Journalism is not a crime."

Tayab Ali, solicitor for Asa Winstanley and partner at Bindmans, said:

“This ruling is a resounding victory for press freedom and the rule of law. The actions of the police, raiding a journalist’s home under the guise of counter-terrorism, were not only unlawful but a grave threat to the democratic principle that journalists must be able to work without fear of state harassment.

The court recognised that the warrants were unlawfully obtained, the police conduct was unjustified, and their attempt to retrospectively legitimise the raid failed. This case was not about national security, it was about silencing a journalist who had made comments on the situation in Gaza.

The police acted improperly by applying for warrants at the Magistrates Court where there simply is no power to retain journalistic and privileged material and despite repeated warnings refused to concede they had acted unlawfully. The police should now urgently review why this happened and what policy decisions led to this unlawful violation on journalistic freedom.”

Return to listing