The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his detention. Held: The Parole Board had a two stage decision, first as to whether … Continue reading Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010
The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. Judges: Ward, Keene LJJ, Munby J Citations: [2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000& 85, … Continue reading Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003
Citations: [2008] EWCA Crim 1963, [2009] 1 All ER 786, [2009] ICR 127, [2009] Env LR 7, [2009] 1 Cr App R (S) 81, [2009] 1 Cr App R 16, [2009] Crim LR 381 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Health and Safety at Work Act 1974 2, Management of Health … Continue reading TDG (UK) Ltd, Regina v: CACD 29 Jul 2008
When a court considered imposing an extended custodial sentence on a prisoner in relation to an offence committed whilst on release, it must do so by reference to the offence at issue. The ordering of the court that the defendant serve any further period of the previous sentence was to be ignored in checking the … Continue reading Regina v Langstone: CACD 14 Mar 2001
The defendant appealed against the imposition of an extended sentence under the 2000 Act for conviction involving sexual assault on a child and the possession of indecent photographs of children. The pre-sentence report spoke of his lack of insight into the harm he had caused and his refusal to undertake a Community Sex Offenders’ Programme. … Continue reading Wiles, Regina v: CACD 4 Mar 2004
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 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 defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness. Held: The … Continue reading H, Regina v: CACD 25 Apr 2006
The appellant had been given a conditional discharge for possession of one indecent photograph of a child on his computer. He challenged being placed on the sex offenders’ register. Held: The proceedings did not involve, or have as any part of their intrinsic purpose, the making by the court of any order to register, or … Continue reading Longworth, Regina v: HL 26 Jan 2006
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
The court considered the application of section 116 of the 2000 Act in the context of an extended sentence passed under section 85 of the Act. Judges: Kennedy LJ, Astill, Gross JJ Citations: [2004] EWCA Crim 1986 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 116 85 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Gamble-Beresford, Regina v: CACD 24 Jun 2004
The defendant appealed the terms of an anti-social behaviour order, saying that the curfew imposed as one of the conditions of the order was unlawful being mandatory rather than prohibitory, and tantamount to a penal sanction. Held: The substance of the order had to be prohibitory rather than mandatory, but the curfew, being a restriction … Continue reading Lonergan v Lewes Crown Court and Another: Admn 23 Mar 2005
After conviction for a sex offence, the defendant, a youth, appealed the addition of the extended sentence to his Detention and Training Order. Held: there was no power under the 2000 Act, to add such an extended sentence to the training order. An extended notice could be added to a sentence of imprisonment but the … Continue reading B, Regina v; (Sentence: Detention and Training Orders): CACD 14 Feb 2005
The appellant challenged his conviction for attempted rape of an elderly woman. Her evidence had been accepted in written form because she was unable to attend court. Held: Before accepting such evidence the court had to establish that she would have been competent to give evidence had she been able to attend physically. S23 had … Continue reading Ali Sed v Regina: CACD 27 May 2004
Citations: [2003] EWHC 1128 (Admin) Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 104 Jurisdiction: England and Wales Criminal Sentencing Updated: 07 June 2022; Ref: scu.185358
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003
In each case, youths had been committed to the Crown Court for trial but complained that the Youth Court should have dealt with the cases, and sought judicial review of the Youth Court decision. Held: The test for a review of a decision of the Youth Court is whether that decision was wrong. The court … Continue reading Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003
The defendant complained that, although the judge had said there was only a low risk of his re-offending, after conviction for a minor sex offence, he had nevertheless been sentenced to an extended period of imprisonment. Held: It was recognised that the appropriate treatment programmes would only be effective where defendants received sentences of sufficient … Continue reading Regina v M (Sexual Offence: Extended Sentence): CACD 5 Jul 2004
The defendant appealed his sentence. Held: The judge had imposed an extended licence period without this being discussed first with counsel so as to allow representations to be made. This was wrong, but such an order would not always be quashed on this sole ground. Judges: Woolf LJC, Judge LJ, Rafferty J Citations: Times 22-Mar-2004 … Continue reading Regina v Evans: CACD 9 Mar 2004
The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. Citations: [2003] EWCA Crim 1011 Statutes: Powers of Criminal Courts (Sentencing) Act 2000 68, European Convention on Human Rights 6 Jurisdiction: England and Wales Citing: Cited – Ibbotson v United Kingdom ECHR 1998 While the applicant was serving … Continue reading Regina v JT: CACD 2003
A defendant had been convicted of shoplifting. His offending arose from his drugs habit. Then probation service gave its strong view that the defendant was not suitable to be placed upon a drug treatment and testing regime. They applied to review the decision to place him on the scheme. It was held that such a … Continue reading Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court: QBD 26 Jun 2001
The powers of the court when return a prisoner to custody after recall for breach of licence under section 39 and return to custody under section 40 were clearly distinct and different. In this case because the sentence was imposed under section 39 there was no power to make it consecutive. Citations: Times 27-Oct-2000 Statutes: … Continue reading Regina v Cawthorn: CACD 27 Oct 2000
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003
Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was an abuse for a private prosecutor to take such action, even where as here that prosecutor had disclaimed … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest. Held: The current accepted practice is that the text of the letter from the police to the judge should set out: i) The offender’s status and whether he … Continue reading AXN v The Queen: CACD 27 May 2016
The High Court may review, on an application made by a properly interested party, a decision made by a Crown Court under the Act. Although this related to a trial on indictment, the Crown Court judge had made an order without jurisdiction. . .
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