The council received a report by a housing trust about the behaviour of the defendant, then aged 16, who lived on an estate within the Borough, and after investigating applied for an anti-social behaviour order. Some witness statements contained first hand evidence, but the application was primarily based on hearsay evidence contained in records of … Continue reading Regina v Marylebone Magistrates Court ex parte Andrew Clingham: Admn 20 Feb 2001
Where a judge considered that the normal period of licence which would apply after a defendants eventual release from prison would be insufficient to exert control he thought would be necessary, it was possible and proper for him to pass a sentence extended for licence purposes under the Act, and also to make such sentences … Continue reading Regina v Barker (Andrew): CACD 8 Nov 2000
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The court construed section 58 of the 1998 Act, looking at the requirement for a sex offender to register under section 1 of the Sexual Offenders Act 1997. The length of the registration obligation is determined by the length of the term of imprisonment to which the offender is sentenced. Held: ‘It is to be … Continue reading Regina v Graham (S): CACD 2001
The defendant appealed the imposition of a determinate sentence followed by an extended sentence for offences of cruelty to a child, rape and inflicting grievous bodily harm. Held: Some of the offences had taken place before the regime of extended sentences was introduced. Though one extended sentence should not follow another, there was no reason … Continue reading Regina v Bird: CACD 3 Dec 2004
When calculating the period of time for which a person convicted of a relevant offence must stay on the sex offenders register, a period of extended licence does not count as a term of imprisonment and must be disregarded. A liability to be recalled to prison is not the same as a term of imprisonment.When … Continue reading Regina v S: CACD 30 Aug 2000
A court granted bail subject to provision of title deeds to a property as security. The defendant deposited a charge certificate with the owner’s consent, but then absconded. The court sought to forfeit the entire property, the owner of the charge sought to protect her interest. Held: The court had not made clear just what … Continue reading Regina (Stevens) v Truro Magistrates’ Court: QBD 18 Jul 2001
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
A judge should test bad character evidence before allowing it to be put in. Here the judge had allowed evidence relating to a dismissal from employment for a racially related matter to be put in, but those proceedings had been unsatisfactory, and were not sufficiently reliable to found bad character evidence. Citations: Times 31-May-2000, [2000] … Continue reading Regina v Wright: CACD 15 May 2000
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The local authority applied for an anti-social behaviour order in respect of the defendant. The defendant appealed saying that the authority should have consulted with him first because the ASBO procedures provided little opportunity for involvement. Held: District judges had a clear duty to investigate properly cases brought before them, and a failure to do … Continue reading Wareham v Purbeck District Council; Wareham v Bournemouth Magistrates Court: Admn 14 Mar 2005
Opium has a considerably lower street value than other class A drugs, including particularly heroine and cocaine. Sentences for possession with intent to supply must reflect this lower value. On a contested case involving 40kg would be 14 years and upwards, and for 4kg was 10 years and upwards. Though equally harmful in principle, there … Continue reading Regina v Behrooz Mashaollahi: CACD 25 Jul 2000
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The … Continue reading Regina v SH: CACD 3 Aug 2010
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of the 1998 Act was to abolish the entire doctrine of … Continue reading JTB, Regina v: HL 29 Apr 2009
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
