Victims of crime are now given particular opportunity to say how the crime has effected them personally. Courts should, when sentencing, take a properly formed statement and any supporting evidence into account. The court must pass a sentence having regard to the offence and of the offender taking into account, so far as appropriate, the … Continue reading Practice Direction (Crime: Victim personal statements): CACD 16 Oct 2001
The defendant was a domestic servant. She was charged in two separate prosecutions before justices with theft of property from her employer and from a a guest. The property was found in her room after the guest had left. The prosecution offered no evidence on the alleged theft from the guest who had gone to … Continue reading G (An Infant) v Coltart: 1967
The legislation at issue imposed ‘civil disabilities’ on Members of Parliament against whom allegations of bribery had been sustained, including the loss of their seats in Parliament. The question arose whether they had been punished. Held: Sir Douglas Menzies contrasted discuplinary and criminal proceedings. In the former category no offence was specified and no declaration … Continue reading Kariapper v Wijesinha: PC 1967
The court stated that the exceptional circumstances required to justify imposition of a life sentence for an offence other than murder are present if three conditions. First, the offence or offences are in themselves serious enough to require a very long sentence. Secondly, it appears from the nature of the offences or from the offender’s … Continue reading Regina v Hodgson: CACD 1967
Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
(Ceylon) The appellants had been convicted of grave criminal offences under laws of the Parliament of Ceylon. The Act under which they were convicted was passed after an abortive coup, and deprived the appellants retrospectively of their right to . .
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Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were … Continue reading Regina v Stocker: CACD 20 Jan 2003
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served. Held: The defendants were entitled to a direction. If the time for varying the order under s155 of the 2000 Act had passed, an … Continue reading Norman and Others, Regina v: CACD 20 Jul 2006
The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand. Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise spent on remand should count against the sentence. If there was any … Continue reading Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007
Time which had been spent in custody by the defendant awaiting trial and otherwise, was to be allowed to be set off against the sentence to be served, but once only and against all concurrent sentences. Judges: Lord Bingham of Cornhill LCJ, Rose LJ, Blofield J Citations: Times 20-Nov-1996, Gazette 13-Dec-1996, [1996] EWHC Admin 234 … Continue reading Regina v Governor of Brockhill Prison ex parte Evans; Regina v Governor of Onley Young Offender Institution Rugby ex parte Paul Reid: CACD 15 Nov 1996
Time on remand whilst serving term on other offences did not become ‘time served’ when the appeal against those other sentences succeeded. The appeal did not vitiate the original sentence and justice could be done by adjusting final sentence. Citations: Times 05-Jan-1999, Gazette 27-Jan-1999 Statutes: Criminal Justice Act 1967 67 Criminal Sentencing Updated: 11 May … Continue reading Regina v Governor of Wandsworth Prison Ex Parte Sorhaindo: QBD 5 Jan 1999
Periods spent in custody are to be set off against a later sentence as ‘time served’ only in respect of the offences for which they were actually held in custody on remand. Citations: Times 17-May-1995 Statutes: Criminal Justice Act 1967 67 Criminal Sentencing Updated: 09 April 2022; Ref: scu.86740
A sentencing judge should explicitly allow for all time spent on remand when sentencing, though time spent in custody before probation order was not to be set off as time served after re-sentencing procedure on breach of probation. . .
The defendant appealed against his conviction for being drunk and disorderly. He had been drinking and ran at a car, rolling over the bonnet. He said it was a mere act of bravado before his friends. Judges: Goldring LJ, Sweeney J Citations: [2009] EWHC 554 (Admin), (2009) 173 JP 285 Links: Bailii Statutes: Criminal Justice … Continue reading Carroll v Director of Public Prosecutions: Admn 4 Mar 2009
The Judge had purported to strike out a number of cases on the ground that prosecuting counsel was not immediately in court when they were called on. He then ordered that verdicts of ‘not guilty’ be entered. The Crown obtained voluntary bills of indictment. When arraigned on those new indictments, the several defendants pleaded autrefois … Continue reading Regina v Griffiths: 1981
Application for bail pursuant to section 22(1A) of the Criminal Justice Act 1967, in circumstances where the magistrates court has previously withheld bail in extradition proceedings. Citations: [2020] EWHC 1570 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 09 December 2022; Ref: scu.651881
Application for bail pursuant to section 22(1A) of the Criminal Justice Act 1967, the magistrates court having previously withheld bail in extradition proceedings. Judges: Fordham J Citations: [2020] EWHC 1583 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 07 December 2022; Ref: scu.651882
Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971
The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights. Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under … Continue reading Brooke and others v The Parole Board: Admn 7 Sep 2007
A prisoner who was detained ‘during HM pleasure’ is to be allowed to see all reports before the Parole Board considering his release save those for which Public Interest Immunity Certificate has been given. Citations: Times 27-Apr-1993, Independent 11-Jun-1993 Statutes: Criminal Justice Act 1967 4, Criminal Justice Act 1991 34 Jurisdiction: England and Wales Prisons, … Continue reading Regina v Secretary of State for the Home Department and Another, ex parte Singh (Prem): QBD 27 Apr 1993
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003
The appellant argued that, since the Crown had had no power to make laws for the colony of Ceylon which offended against fundamental principles, at independence it could not hand over to Ceylon a higher power than it possessed itself. Held: The power of the King in Council to make prerogative orders in respect of … Continue reading Campbell v Hall: 1774
Judges: The Honourable Mr Justice Chamberlain Citations: [2022] EWHC 1587 (Admin) Links: Bailii Statutes: Criminal Justice Act 1967 22(1A) Jurisdiction: England and Wales Extradition Updated: 17 November 2022; Ref: scu.682463
Application for bail in extradition proceedings made pursuant to section 1A of the Criminal Justice Act 1967, inserted by amendments made to the Police and Justice Act 2006. Judges: Blake J Citations: [2012] EWHC 3890 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition, Criminal Practice Updated: 14 November 2022; Ref: scu.471271
Judges: Scott Barker LJ, Openshaw J Citations: [2006] EWHC 1197 (Admin) Links: Bailii Statutes: Criminal Justice Act 1967 91(1), Police Act 1990 89(1) Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.242556
Application for bail. Judges: Mr Justice Chamberlain Citations: [2022] EWHC 1586 (Admin) Links: Bailii Statutes: Criminal Justice Act 1967 22(1)(a) Jurisdiction: England and Wales Extradition Updated: 10 November 2022; Ref: scu.682464
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002
The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the plate attached to the vehicle. The magistrates allowed the inspector to be recalled. Held: The … Continue reading Tuck v Vehicle Inspectorate: Admn 24 Mar 2004
When a notice has been issued by the Forestry Commission under section 24 of the Forestry Act 1967 for a breach of restocking conditions on a felling licence which has been relied upon as authorising the felling of trees on a site, what is the effect on that notice if planning permission is subsequently granted … Continue reading Arnold White Estates Ltd v The Forestry Commission: CA 6 Oct 2022
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
The defendant appealed against his conviction for assault saying that he was so intoxicated on drink and drugs at the time that he did not have mens rea. Held: The appeal failed. The court certified a question for the House of Lords namely: ‘Whether a defendant may properly be convicted of assault notwithstanding that, by … Continue reading Director of Public Prosecutions v Majewski: CACD 1975
Appeal against conviction dismissed. Appeal against sentence for offences of false imprisonment, indecent assault and assault occasioning actual bodily harm. The sentences were life imprisonment for the offence of false imprisonment, with six-and-a-half years’s being specified as the period to be served under section 34 of the Criminal Justice Act 1991, 10 years concurrently for … Continue reading Regina v Willoughby: CACD 5 Nov 1998
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
(New Zealand Court of Appeal) The court discussed the indemnity given to witnesses: ‘But I cannot narrow the protection to what is done in court: it must be wider than that and include some pre-trial work. Each piece of before-trial work should, however, be tested against the one rule; that the protection exists only where … Continue reading Rees v Sinclair: 1974
Where a defendant was to be re-sentenced following a breach of a probation order, the court should acknowledge that time spent in custody awaiting the hearing would not be set off against the new sentence as ‘time served’. Accordingly there was a clear duty on counsel to inform the court of periods spent in custody … Continue reading Regina v Clarke (Jeremy Patrick): CACD 19 Dec 2000
The certificate sent by the Magistrates on committal to the Crown Court indicated that the committal had been under legislation not yet applicable to the particular defendant. The procedure envisaged under each statute was the same, and, as this court pointed out, the committal was the judicial act of the magistrates, which must have taken … Continue reading Regina v Hall: CACD 1981
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
The defendant appealed against his conviction for speeding (103mph in 50mph zone). He complained that the section 9 statement remained unsigned. Held: The appeal failed. There had been no breach of section 9. Nobody could have misunderstood the intent and meaning of the statement. Judges: Mitting J Citations: [2010] EWHC 1769 (Admin), (2010) 174 JP … Continue reading Wood v Director of Public Prosecutions: Admn 30 Jun 2010
The defendant appealed against his conviction for aiding an offender. He had pleaded guilty, but the principal offender had subsequently been acquitted of his alleged offences. Held: The appeal failed. The section referred to the commission of an offence, and not to a conviction for that offence. There are several reasons why the conviction was … Continue reading Zaman, Regina v: CACD 22 Jan 2010
The claimant appealed against a refusal of an order refusing him permission to use land for the purposes of an open air cremations, as required by his religion. Held: His appeal succeeded. The 1902 Act should be interpreted generously in its reference to buildings. Judges: Lord Neuberger of Abbotsbury, Master of the Rolls, Lord Justice … Continue reading Ghai, Regina (on The Application of) v Newcastle City Council and Others: CA 10 Feb 2010
The AG referred the sentence of 7 years’ detention as unduly lenient. The defendant had been convicted of possession of a firearm and assisting an offender. He had taken the gun to hide it after a murder. Held: The defendant was part of a gang and the murderer was another member. It would be correct … Continue reading Regina v Yates; Attorney-General’s Reference (No 16 of 2009): CACD 28 Oct 2009
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations. Held: The enforcement agency was not prevented from using such information in this way, and was entitled to a declaration accordingly. Judges: Mr Justice Silber … Continue reading Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006
Where on a previous occasion the defendant had been acquitted with a formal verdict, after the prosecution had offered no evidence, it was not open to the prosecution later to return and allege a more serious offence based upon the same facts. The defendant was entitled to the benefit of the plea of autrefois acquit. … Continue reading Regina v G (Autrefois acquit): CACD 25 May 2001
The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. At such interview admissions are accepted as a basis for settling civil liabiity, but expressly excluding … Continue reading Regina v Sewa Singh Gill and Paramjit Singh Gill: CACD 31 Jul 2003
On a prosecution for theft, the prosecution failed to read a statement from the owner of the property, which statement had been served on the defence pursuant to Section 9 of the Criminal Justice Act 1967. It was submitted that there was no case to answer, but the court then allowed the statement to be … Continue reading Morris v Matthews: CA 1981
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
The defendants challenged convictions for assaulting police officers acting in the course of their duty. They said the officers were not so acting. The first defendant had been stopped in a vehicle which had left the scene of an accident. At the time, someone else was driving. The police officer suspected he had been drinking … Continue reading Wayne Fullard, Ryan Roalfe, Regina (on the Application Of) v Woking Magistrates’ Court: Admn 16 Nov 2005
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. He then struggled to escape and was arrested. Held: The appeal succeeded. At the … Continue reading Wood v Director of Public Prosecutions: Admn 14 May 2008
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
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he had undertaken. Held: Judicial review proceedings were available if necessary to quash witness summonses issued under … Continue reading Cunliffe, Regina (on the Application of) v West London Magistrates’ Court: Admn 6 Jul 2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were responsible for the death. Held: A prosecutor in a criminal a case has a broader duty … Continue reading Levey, Regina v: CACD 27 Jul 2006
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour. Held: In this case most of the evidence at issue was that of expert witnesses, and the court might therefore be more … Continue reading Whitehouse v Jordan: HL 17 Dec 1980
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
Conviction withoiut required Consent was Unsafe Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained. Held: The appellant’s arguments were well-founded and his conviction on count 5 could not be regarded as safe: ‘as a matter of … Continue reading Lalchan, Regina v: CACD 27 May 2022
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004
The defendant was committed for trial on seven charges of fraud. An eighth was then added under a voluntary bill of indictment, and a circuit judge confirmed a new indictment with all the eight charges. He appealed. Held: His appeal succeeded. One indictment could be amended to include the other charges, but there was no … Continue reading Regina v Cairns: CACD 1983
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of the new charge. Held: Similar fact evidence was not inadmissible only because it … Continue reading Regina v Z (Prior acquittal): HL 22 Jun 2000
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004
The claimant was stopped when boarding a flight to Canada, having previously stopped in France and Italy. He bore a false Swedish passport, and intended to claim asylum in Canada. He now claimed the benefit of the article 31 (per Adimi), to defend a prosecution under the 1981 Act for using a false instrument. Held: … Continue reading Regina (on the Application of Gjovalin Pepushi) v Crown Prosecution Service: Admn 11 May 2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002
Law upon res judicata – action estoppel and issue estoppel and the underlying policy interest whereby there is finality in litigation and litigants are not vexed twice on the same matter.(May LJ) ‘the authorities taken as a whole tend to encourage elaborate technical submissions which many percipient non-lawyers would scarcely understand. Cause of action estoppel … Continue reading Specialist Group International Ltd v Deakin and Another: CA 23 May 2001
Concurrent sentences are to be treated as one sentence, when calculating the credit to be given to a defendant for time spent on remand awaiting trial. Citations: Times 17-Sep-1996 Statutes: Criminal Justice Act 1967 s67 104 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.88641
The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief. Held: The court had jurisdiction. An Order in Council banishing British citizens from their home island was unlawful. … Continue reading Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000
At trial in the magistrates court, the prosecution had failed to bring evidence that the computer used to analyse the defendant’s breath alcohol was in proper working condition. The defendant submitted no case to answer, and the magistrates allowed the prosecutor to re-open his case to put the evidence. The defendant appealed. Held: The appeal … Continue reading Christopher James Jolly v Director of Public Prosections: Admn 31 Mar 2000
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. Citations: [1990] COD 149, [1990] CLR 394, Times 17-Nov-1989 Statutes: Criminal Justice Act 1967 … Continue reading Director of Public Prosecutions v Kitching: 1989
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
Appeal from conviction of being drunk and disorderly. Held: The magistrates having found that the disorderly behaviour occurred only after arrest, the arrest for such behaviour was unlawful, and the appeal was allowed. Judges: Lord Justice Scott Baker The Honourable Mr Justice Owen Citations: [2005] EWHC 2459 (Admin) Links: Bailii Statutes: Criminal Justice Act 1967 … Continue reading H, Regina (on the Application of) v Crown Prosecution Service: Admn 13 Oct 2005
In the course of the defendant’s trial issues of identification arose. The defendant appealed. Held: The judge failed to draw to the attention of the jury any specific weaknesses in the identification evidence as required in Turnbull. It was a specific requirement in even the shortest trial where an issue as to identification arose. The … Continue reading Regina v Stanton: CACD 10 Mar 2004
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by agreement with one of its number or more diversely, the law regards such conduct … Continue reading Regina v Grimes: CACD 1968
A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act. Held: The assignment was struck down as champertous, creating: ‘the possibility, and indeed the likelihood, of a profit being made, [by … Continue reading Trendtex Trading Corporation v Credit Suisse: HL 1981
A youth had been remanded into the care of the local authority pending his trial. He was eventually made subject to a custodial sentence and sought to have the period of remand deducted from his sentence. The period in care had not been in a secure environment but a strict regime of curfews and otherwise … Continue reading Regina v Secretary of State for the Home Department Ex Parte A: HL 27 Jan 2000
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
Appeal against conviction of assisting an offender contrary to section 4(1) of the Criminal Law Act 1967. Judges: Lord Justice Aikens Citations: [2011] EWCA Crim 1571 Links: Bailii Statutes: Criminal Law Act 1967 4(1) Jurisdiction: England and Wales Crime Updated: 27 March 2022; Ref: scu.441305
Request for bail in extradition Judges: Mr Justice Chamberlain Citations: [2021] EWHC 3557 (Admin) Links: Bailii Statutes: Criminal Justice Act 1967 22(1)(A) Jurisdiction: England and Wales Extradition Updated: 24 March 2022; Ref: scu.671580
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been unable to challenge his decision on appeal. Later cases threw doubt on his … Continue reading Arnold v National Westminster Bank Plc: HL 1991
The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice. Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive legitimate expectation, saying: ‘Authority shows that where a substantive expectation is to run the promise or practice … Continue reading Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant had later refused to do so, saying that it was not obliged to pay … Continue reading Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011
