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Gojra and Another, Regina v: CACD 6 Aug 2010

The defendants appealed against convictions for assault and kidnapping, saying that the identification procedures used were at fault. Held: The identification evidence had been properly admitted. The prosecution witness had not had the defendant named or pointed out to him. Judges: Hughes LJ, Rafferty, Maddison JJ Citations: [2010] EWCA Crim 1939 Links: Bailii Statutes: Police … Continue reading Gojra and Another, Regina v: CACD 6 Aug 2010

Vince and Another v Dorset Police: CA 30 Jul 1992

Appeal from order on appellant to ensure proper manning of custody suites. Whether ‘acting Sergeant’ could operate as a custody officer. Citations: [1992] EWCA Civ 19, [1993] 1 WLR 415, [1993] 2 All ER 321 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 36(1) Jurisdiction: England and Wales Police Updated: 07 December 2022; Ref: … Continue reading Vince and Another v Dorset Police: CA 30 Jul 1992

Blackshaw v Lord: CA 1984

Claim to privilege must be precisely focused The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in charge at the material time. It also stated that the plaintiff … Continue reading Blackshaw v Lord: CA 1984

Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the material seized under it. In this case the information before the justice of the peace granting … Continue reading Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

The court considered whether, and if so, the circumstances in which, police officers may be liable in negligence to suspects for failure to comply with the Codes of Practice. Citations: [1998] EWCA Civ 1305 Statutes: Police and Criminal Evidence Act 1984 66 67 Jurisdiction: England and Wales Negligence, Torts – Other, Police Updated: 23 November … Continue reading Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

The court asked whether the power of arrest under s6 of the 1864 Act survived s26 of the 1984 Act. Held: The 1984 Act affected only the powers given to police officers as police officers. The power under s6 of the Vagrancy Act applied to any person, and therefore was not affected by a restriction … Continue reading Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had … Continue reading HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

Adeojo and Another v Regina: CACD 6 Feb 2013

The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013

Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

The claimants challenged search warrants and the seizure of materials under the warrants. Held: The Court emphasised the need for precision within the warrant itself. Judges: Sir John Thomas P QB, Wilkie J Citations: [2012] EWHC 3745 (Admin), [2013] 1 WLR 2706 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 9, Criminal Justice and … Continue reading Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Anand, Regina (on The Application of) v Revenue and Customs: Admn 9 Oct 2012

The claimant challenged the lawfulness of a search warrant issued for the respondent. The company had claimed Film Tax Relief, but the revenue had been unable to trace a supplier, and believed the invoice to be bogus. Held: The warrants wer too widely framed. Judges: Pitchford LJ, Foskett J Citations: [2012] EWHC 2989 (Admin) Links: … Continue reading Anand, Regina (on The Application of) v Revenue and Customs: Admn 9 Oct 2012

Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

The claimants sought review of a decision of the Serious Organised Crime Agency to seize documents which have been the subject of the unlawful execution of a search warrant, purporting to act for this record seizure under section 19 of the Police and Criminal Evidence Act 1984. SOCA, with identical powers to those of the … Continue reading Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment. Held: If the police use their own discretion to arrest a suspect, an informer is not liable for false imprisonment. The intervention by the police breaks any causation of the store … Continue reading Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003

The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003

Regina v Nicholson (Andrew Robert): CACD 8 Sep 1999

Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no … Continue reading Regina v Nicholson (Andrew Robert): CACD 8 Sep 1999

Regina v Nicholson (Andrew Robert): CACD 2 Sep 1999

Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no … Continue reading Regina v Nicholson (Andrew Robert): CACD 2 Sep 1999

Bhatti and Others v Regina: CACD 30 Jul 2015

The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act. Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements … Continue reading Bhatti and Others v Regina: CACD 30 Jul 2015

Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid. Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully arrested is liable for trespass to the person. The terms of the warrant had to be … Continue reading Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

Regina v Major Sandhu: CACD 10 Dec 1996

The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not … Continue reading Regina v Major Sandhu: CACD 10 Dec 1996

Regina v Saunders and Others: CACD 28 Nov 1995

The absence of the protection of a rule against self-incrimination under the company law questioning procedure, didn’t make the use an admission in criminal proceedings unfair. DTI Inspectors may continue their inquiries after it has become clear that offences have been committed provided the caution is given. Citations: Independent 28-Nov-1995, Times 28-Nov-1995, Gazette 15-Dec-1995 Statutes: … Continue reading Regina v Saunders and Others: CACD 28 Nov 1995

Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime … Continue reading Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another: Admn 16 Nov 2011

The claimants challenged the legality of the issue and execution of search warrants issued on the request of the respondent. Held: The search was executed unlawfully, but the relief granted was confined to a declaration. Judges: Laws LJ, Simon J Citations: [2011] EWHC 2998 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 … Continue reading Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another: Admn 16 Nov 2011

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011

Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011

Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess numbers of officers, and the taking of images of hard disks, thus acquiring … Continue reading Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

Singh v Moorlands Primary School and Another: CA 25 Jul 2013

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

Gardner and Another, Regina v: CACD 22 Apr 1997

Appeals from conviction of conspiracy to defraud. Citations: [1997] EWCA Crim 960 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 74(2) Jurisdiction: England and Wales Citing: Distinguished – Regina v Manzur; Regina v Mahmood CACD 28-Nov-1996 The prosecution was seeking to rely upon the plea of guilty of a person who had not given … Continue reading Gardner and Another, Regina v: CACD 22 Apr 1997

Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for suspecting the claimant was guilty of an offence, as required by section 24(2) of … Continue reading Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

Regina v S(F) and A(S): CACD 29 Jul 2008

The defendants were accused of assisting a person to evade a control order. On arrest their computers had been seized, and they now sought an order on an interim appeal to discharge the case under the 2000 Act of not providing passwords to encrypted material. They said that the Act required them to incriminate themselves. … Continue reading Regina v S(F) and A(S): CACD 29 Jul 2008

Panesar (T/A Anami Law), Regina (on The Application of) v Crown Prosecution Service and Another: Admn 5 Apr 2011

Defendants challenged the terms of search warrants and the conditions attached to their bail. There was alleged to be a substantial VAT fraud. Citations: [2011] EWHC 842 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8(1) Jurisdiction: England and Wales Legal Professions, Police Updated: 06 September 2022; Ref: scu.431755

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

Shirt and Another v Regina: CACD 8 Nov 2018

The two defendants appealed from convictions of conspiracy to defraud, saying that the court should not have admitted in evidence the admissions of co-defendants who had pleaded guilty. Held: The appeal failed. Judges: Sir Brian Leveson, Jeremy Baker, Goose JJ Citations: [2018] EWCA Crim 2486, [2018] WLR(D) 689, [2018] 4 WLR 154 Links: Bailii, WLRD … Continue reading Shirt and Another v Regina: CACD 8 Nov 2018

Regina v Trutch, and Mary Trutch: CACD 25 Jul 2001

The defendants had been pursued in substantial commercial litigation. They were alleged to have perjured themselves in affidavits of means sworn and filed at court. Later they had entered into deeds with the other parties, and part of the consideration was an agreement by those other parties not to pursue them for perjury. The defendants … Continue reading Regina v Trutch, and Mary Trutch: CACD 25 Jul 2001

Settelen and Another v Commissioner of Police of the Metropolis: ChD 29 Sep 2004

The claimants had made application for tapes held by the respondent to be released. The claimant offered undertakings as to their preservation, and agreement had been reached. The outstanding issue was as to costs. The tapes were recorded by the claimant of the late Diana, Princess of Wales. Held: To justify retention of a document, … Continue reading Settelen and Another v Commissioner of Police of the Metropolis: ChD 29 Sep 2004

Shields v Merseyside Police: CA 17 Nov 2010

The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an arrest. Held: Under the new section 24, ‘a summary arrest by a police officer … Continue reading Shields v Merseyside Police: CA 17 Nov 2010

Torres, Regina (on the Application of) v the Commission of Police of the Metropolis: Admn 17 Dec 2007

The claimant challenged the right of a custody officer to attach conditions to his bail when releasing him to return to the station under section 34. Judges: Maurice Kay LJ, Burton J Citations: [2007] EWHC 3212 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 34, Police and Justice Act 2006 Jurisdiction: England and … Continue reading Torres, Regina (on the Application of) v the Commission of Police of the Metropolis: Admn 17 Dec 2007

Thakrar and Another v Regina: CACD 5 Jul 2010

The defendants appealed against their convictions for murder, complaining of the admission against them of hearsay evidence from witnesses in Cyprus. Two of the statements had been later retracted. Held: The convictions stood. The statements had been formal ones taken by the police in Cyprus, and there was no convincing evidence of them having been … Continue reading Thakrar and Another v Regina: CACD 5 Jul 2010

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

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

Jones And Others v The United Kingdom: ECHR 14 Jan 2014

ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014

Regina v Sewa Singh Gill and Paramjit Singh Gill: CACD 31 Jul 2003

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

Sweeney v Westminster Magistrates Court and Another: Admn 25 Jun 2014

The claimant challenged the lawfulness of a search warrant issued by the first defendant, the Westminster Magistrates Court. Held: ‘The challenges brought by the claimant as to the warrant and Information cannot be described as technical challenges, they go to the substance of the application. The absence of the identified information serves to undermine the … Continue reading Sweeney v Westminster Magistrates Court and Another: Admn 25 Jun 2014

Scopelight Ltd and Others v Chief Of Police for Northumbria and Others: QBD 7 May 2009

Citations: [2009] EWHC 958 (QB) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 22 Jurisdiction: England and Wales Cited by: Appeal from – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009 The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made … Continue reading Scopelight Ltd and Others v Chief Of Police for Northumbria and Others: QBD 7 May 2009

Girma and Others, Regina v (Rev 1): CACD 15 May 2009

The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial. Held: The plea of the co-defendant should not have been admitted. The issue at this trial was as to matters on which the first trial … Continue reading Girma and Others, Regina v (Rev 1): CACD 15 May 2009

Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017

The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had been obtained without the presence or availability of a lawyer in … Continue reading Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017

Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009

The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent images. Held: The warrant had been obtained without proper consideration of the question of whether any of the … Continue reading Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

RL v Regina (Evidence of wife): CACD 7 May 2008

The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not warned her that she was not compellable as a witness, the statement should not … Continue reading RL v Regina (Evidence of wife): CACD 7 May 2008

Marcel v Commissioner of Police of the Metropolis: CA 1992

A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case. Held: The court discharged the injunction granted at first instance and held that … Continue reading Marcel v Commissioner of Police of the Metropolis: CA 1992

Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

Merseyside Police v Hickman and Another: Admn 1 Mar 2006

Cash had been seized by the police under the 1984 Act. It was later seized also under the 2003 Act. The respondent said this was unlawful. Held: The forfeited money could be seized again under the 2003 Act. The 2002 Act allowed appropriate assets to be siezed at any time. Judges: Mittng J Citations: [2006] … Continue reading Merseyside Police v Hickman and Another: Admn 1 Mar 2006

Regina v Weir, Somanathan,Yaxley-Lennon, Manister, Qiang He and De Qun He: CACD 11 Nov 2005

The defendant objected to evidence being used as evidence of bad character against him under the 2003 Act, when it would not have been admissible as similar fact evidence under the old rules. Held: Obiter dicta in O’Brien did not mean that the Act merely codified existing law.The Act made the pre-existing test obsolete. Once … Continue reading Regina v Weir, Somanathan,Yaxley-Lennon, Manister, Qiang He and De Qun He: CACD 11 Nov 2005

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

Regina v Dianne Senior and Samantha Senior: CA 4 Mar 2004

The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers already knew that the cases contained drugs. The recorder had said that the questions were standard ones … Continue reading Regina v Dianne Senior and Samantha Senior: CA 4 Mar 2004

Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 2004

In a criminal investigation, the police came to suspect that a junior clerk in a barristers’ chambers was intending to give a false alibi. Though the solicitors were innocent of any wrongdoing, the police required their file. The solicitors claimed legal professional privilege. Held: Where there is evidence of specific agreement to pervert the course … Continue reading Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 2004

Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003

The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before being released. Held: The fact that a breach of the peace had … Continue reading Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003

Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003

The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003

Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen: PC 23 Mar 2000

PC (Bermuda) The appellants challenged their conviction for murder. Evidence had been admitted of informal and unadmitted conversations with police officers after charge, with the officers notebooks put before the jury. Held: The judge had dealt with the matter correctly. The breach of the Judges’ Rules does not automatically render an oral statement made by … Continue reading Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen: PC 23 Mar 2000

Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted. Held: the court accepted the magistrate’s judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law … Continue reading Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co: Admn 12 May 1999

The applicant sought judicial review of a decision to grant a search warrant in respect of his offices, saying that the material covered was protected by legal privilege. The warrant had been unavailable under section 8 because of the privilege, and so the police had applied to a circuit judge under section 9. Held: The … Continue reading Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co: Admn 12 May 1999

Regina v Chief Constable of the Lancashire Constabulary Ex Parte Atkinson and Another: Admn 5 Feb 1998

The giving of a caution was possible after an inadmissible confession, but wise practice required police officers to obtain an admission on tape first. Citations: Times 04-Mar-1998, [1998] EWHC Admin 145 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 Codes of Practice Code C Criminal Practice, Police Updated: 27 May 2022; Ref: scu.138266

Regina v Manchester Stipendiary Magistrate and The Lord Advocate Ex Parte Granada Television Ltd (On Appeal From A Divisional Court Of The Queen’s Bench Division): HL 28 Oct 1999

A Scottish search warrant properly issued and which was to be executed in England could be validly endorsed by an English court for execution in England. Earlier legislation was not superseded by the Police and Criminal Evidence Act which restricted certain warrants where the material to be sought out might be protected by forms of … Continue reading Regina v Manchester Stipendiary Magistrate and The Lord Advocate Ex Parte Granada Television Ltd (On Appeal From A Divisional Court Of The Queen’s Bench Division): HL 28 Oct 1999

Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

There was to be an investigation by the SFO into allegations that some in the pharmaceutical industry were dishonestly increasing the price charged for drugs supplied to the NHS. On 27th March 2002 District Judge Nicholas Evans received written application for warrants. Held: The court considered the statutory requirements applicable to such warrants, and the … Continue reading Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings. Held: The judge was wrong to have found public policy grounds for refusing to order … Continue reading Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection of section 78 of the Act of 1984. Judges: Lord Browne-Wilkinson Citations: Independent 26-Jul-1994, … Continue reading Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely unsatisfactory tool by which to determine, in any but the clearest of cases, whether … Continue reading Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he incriminate himself. The order had been made in the context of the … Continue reading Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

The fact that a vehicle could count as ‘premises’ for the purposes of the Act, did not mean that that could or should restrict the ability of the police to impound a motor vehicle. There was no power to seize premises, but that could not imply that a moveable object was not subject to seizure. … Continue reading William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

Regina v Southampton Crown Court ex parte J and P: 21 Dec 1992

A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under section 9 of the 1984 Act allowing the police to have access to … Continue reading Regina v Southampton Crown Court ex parte J and P: 21 Dec 1992

Thompson Newspapers Ltd v Director of Investigation and Research: 1990

(Supreme Court of Canada) The court considered a claim to exercise the privilege against self-incrimination. Held: Whereas a compelled statement is evidence that would not have existed independently of the exercise of the powers of compulsion, evidence which exists independently of the compelled statements could have been found by other means and its quality does … Continue reading Thompson Newspapers Ltd v Director of Investigation and Research: 1990

Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Nolan LJ said that the phrase used in section 15(6)(b), ‘so far as is practicable,’ is imprecise and that it may well be impossible to draw a clear line between what is and what is not practicable. Judges: Nolan LJ Citations: Unreported 14 February 92 Statutes: Police and Criminal Evidence Act 1984 15(6)(b) Jurisdiction: England … Continue reading Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Regina v Crown Court ex parte Baines and Baines: 1988

The court considered special procedure material arising out of the Brinks-Mat robbery. Held: The records of the financing of a transaction for the purchase of a property were not to be subject to legal professional privilege under section 10 of the Police and Criminal Evidence Act as the conveyancing matter was wholly unconnected with litigation. … Continue reading Regina v Crown Court ex parte Baines and Baines: 1988

Marcel v Commissioner of Police for the Metropolis: 1990

Documents had been taken by the defendant’s officers in the course of an investigation into an alleged fraud. The plaintiff now sought their release for the use in civil proceedings so as to prevent his opponent misleading the court. Held: The claim failed. Since the police were authorised to seize, retain and use the documents … Continue reading Marcel v Commissioner of Police for the Metropolis: 1990

Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

Criminal charges against the officers had been stayed. They subsequently faced disciplinary proceedings. Held: An acquittal is a finding or determination that a defendant is not guilty of an offence. A stay does not involve such a finding. Section 104 refers to acquittal. The legislative intention was to refer to the case where there had … Continue reading Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

Dhesi v Chief Constable of West Midlands Police: CA 9 May 2000

Where a person was arrested and the duty arose for him to be told of the reason for his arrest, that duty could be satisfied by a different officer than the one who actually performed the arrest. The purpose of the section was to protect the person arrested by letting him know why he was … Continue reading Dhesi v Chief Constable of West Midlands Police: CA 9 May 2000

Regina v Robertson and Golder: CACD 1987

The court considered the words ‘any issue in those proceedings’ as contained in the section. Held: The provision should be used only sparingly. Citations: (1987) 85 Cr App R 304 Statutes: Police and Criminal Evidence Act 1984 74(1) Cited by: Cited – Regina v Shanks CACD 19-Mar-2003 The appellant appealed his conviction for murder. He … Continue reading Regina v Robertson and Golder: CACD 1987

Thorpe v Chief Constable of Greater Manchester Police: CA 1989

The plaintiff was arrested at a demonstration, charged with obstructing the highway and convicted before the magistrates. His conviction was quashed by the Crown Court on appeal. He sued for assault, unlawful arrest, false imprisonment and malicious prosecution. He sought discovery of documents showing any convictions of or adverse disciplinary findings against the police witnesses. … Continue reading Thorpe v Chief Constable of Greater Manchester Police: CA 1989

Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

Sir Stephen Brown P gave judgment in a case in which the police sought permission, which was granted, to administer cautions to two wards of court. Held: He said: ‘There is, therefore, no difficulty over the granting of leave in these two cases. However, the occasion has prompted the Commissioner to seek clarification of the … Continue reading Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990