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Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

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

Saik, Regina v: HL 3 May 2006

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

Bell v Director of Public Prosecutions of Jamaica: PC 1985

The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses. Held: Referred to the US decision in Barker and Wingo (1972) 407 US 514, invoking the sixth amendment – ‘In all criminal prosecutions, … Continue reading Bell v Director of Public Prosecutions of Jamaica: PC 1985

Lambert, Regina v: CACD 3 Apr 2009

The court considered the test for whether the requirement for the Attorney General’s consent to a prosecution had been obtained, and said: ‘The analysis of the statutory language: . . there are two questions. i) When were the proceedings instituted? ii) If the permission of the Attorney General was not given before the proceedings were … Continue reading Lambert, Regina v: CACD 3 Apr 2009

Regina v Elliott: CACD 1985

The defendant was faced with a charge under the 1882 Act. The prosecution required that the consent of the Attorney-General be given before proceedings commenced. The consent was only given after he had been charged, but before the trial. Held: Section 63 of the 1982 Act should be interpreted as meaning that instituting proceedings relates … Continue reading Regina v Elliott: CACD 1985

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Regina v Croydon Justices Ex Parte Dean: QBD 9 Mar 1993

The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser offence of having destroyed evidence connected with the same crime. He submitted … Continue reading Regina v Croydon Justices Ex Parte Dean: QBD 9 Mar 1993

Morgans v Director of Public Prosecutions: QBD 29 Dec 1998

The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run. Held: When considering the time limits for a prosecution under the Act, the officer investigating is the prosecutor, until the case is taken over by the … Continue reading Morgans v Director of Public Prosecutions: QBD 29 Dec 1998

Brown v The Queen (Jamaica): PC 13 Apr 2005

A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter. Held: Adomako could not apply in jurisdictions where causing a death by reckless driving is a possible alternative to a charge of manslaughter. … Continue reading Brown v The Queen (Jamaica): PC 13 Apr 2005

Gallagher for Judicial Review (NI): SC 30 Jan 2019

Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019

Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015

The claimant sought judicial review of a decision of the DPP to intervene in and abandon her private prosecution of two doctors involved n what she said was a decision to carry out abortions which decsions were affected by the sex of the foetus. At the instigation of a newspapers, two women had attended clinics … Continue reading Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Regina v Z: CACD 23 Jan 2009

The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Gujra, Regina (on The Application of) v Crown Prosecution Service: Admn 9 Mar 2011

The claimant sought judicial review of a decision of the respondent to take over and discontinue his private prosecutions arising from public order incidents, saying that the respondent’s policy was unlawful in restricting such prosecutions. Held: The request was refused. The policy was lawful. The respondent had now adopted exactly the policy criticised in Duckenfield … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: Admn 9 Mar 2011

Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008

The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008

Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999

(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999

Regina v Criminal Cases Review Commission, ex parte Hunt: CA 24 Nov 2000

The Commissioners of the Inland Revenue did have power to conduct a prosecution at the Crown Court without first obtaining the consent of the Attorney General, even though it was a police officer had actually laid the charge. A prosecution was conducted on behalf of a police force where the force had been involved in … Continue reading Regina v Criminal Cases Review Commission, ex parte Hunt: CA 24 Nov 2000

Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991

The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson said, and I accept, it would indeed be surprising if that were not so. One has … Continue reading Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Ayliffe And Others v United Kingdom: ECHR 6 May 2008

The applicants are employees of or volunteers for Greenpeace. They boarded a cargo ship, preventing it continuing its voyage to harbour. They did so because they believed the cargo contained unlicensed animal feed and thus the importation was in breach of domestic criminal law. They were arrested the following day and tried for an offence … Continue reading Ayliffe And Others v United Kingdom: ECHR 6 May 2008

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

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

Regina v Dickens: CACD 11 Apr 1990

The defendant had been convicted of conspiring to import cannabis, and made subject inter alia to a confiscation order. Held: ‘ the object of the Act is to ensure, so far as is possible, that the convicted drug trafficker is parted from the proceeds of any drug trafficking which he has carried out. The provisions … Continue reading Regina v Dickens: CACD 11 Apr 1990

Gammon v The Attorney-General of Hong Kong: PC 1984

(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote. Held: Lord Scarman summarised the principles: ‘(1) there is a presumption of law that mens rea is required before … Continue reading Gammon v The Attorney-General of Hong Kong: PC 1984

Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

Regina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton: Admn 9 Oct 1997

The applicant sought that summonses be set aside as an abuse of process, being begun to embarrass him as he set out to become an MP. Thirty one private summonses had been issued. Held: Of the summonses to be continued it could not be said that they had no prospect of success or that they … Continue reading Regina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton: Admn 9 Oct 1997

Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992

Rights to private prosecution and takeover by DPP were examined: ‘Section 3(2) and section 6 [of the Prosecution of Offences Act 1985] make a coherent and consistent framework in which the right of a private citizen to bring a prosecution is preserved but subject always to the Director’s right to intervene at any stage. It … Continue reading Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

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 Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Saunders v The United Kingdom: ECHR 17 Dec 1996

(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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 against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Regina v Shivpuri: HL 15 May 1986

The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .