QBNI ‘The applicant challenges the refusal of the Police Service of Northern Ireland (PSNI) to provide him and his solicitor with tapes of police interviews conducted with him as an assisting offender following the making of a written agreement with a specified prosecutor pursuant to section 73 (1) (b) of the Serious Organised Crime and … Continue reading Haggarty, Re Judicial Review: QBNI 9 Mar 2012
The defendant had held a permanent demonstration in Parliament Square against the war in Iraq. The prosecutor appeal against the dismissal of its allegations under the 2003 Act. Held: The Commisioner was able to delegate his own power to set conditions for demonstrations in Parliament square and the conditions were lawful. Judges: Lord Phillips CJ … Continue reading Director of Public Prosecutions v Haw: Admn 6 Aug 2007
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act 2005. Held: ‘The Divisional Court’s view that the predominant factor in deciding where the interests … Continue reading Loughlin, Re Application for Judicial Review: SC 18 Oct 2017
Judges: Morgan LCJ, Weir J and Treacy J Citations: [2015] NIQB 33 Links: Bailii Statutes: Serious Organised Crime and Police Act 2005 Jurisdiction: Northern Ireland Citing: Explained – P, Regina v; Regina v Blackburn CACD 22-Oct-2007 Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied … Continue reading Loughlin, Re Judicial Review: QBNI 21 Apr 2015
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007
The mayor sought an order to prevent the defendant continuing his protest from a pavement outside Parliament. Agreement had been reached as to the limits of the demonstration. It was said that those limits had been exceeded. Judges: Wyn Williams J Citations: [2011] EWHC 585 (QB) Links: Bailii Statutes: Serious Organised Crime and Police Act … Continue reading The Mayor of London (Greater London Authority) v Haw and Others: QBD 17 Mar 2011
The applicant had demonstrated continuously against the war in Iraq from the pavement outside the House of Commons. The respondent sought an order for his removal under the law preventing demonstrations near Parliament without consent which was passed after the demonstrations began. He said that the demonstration was a continuing one, and the the Act … Continue reading Haw, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 8 May 2006
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
The Agency asked to have set aside four orders allowing the defendant to have excluded from his assets subject to an interim receiving order to allow payment of his legal expenses. Held: There was no rule that assets once excluded from an order must remain so excluded. The section allowed but did not require an … Continue reading Serious Organised Crime Agency v Szepietowski and Others (No 2): ChD 1 Jul 2009
The complainant’s brother had been arrested for being drunk. After a time in a cell, he was found unwell and fell into a coma. Complaints were made of his treatment. The Police Complaints Commission was to investigate the events after the arrest independently, but the Sussex police wanted to investigate the matters before the arrest. … Continue reading Reynolds, Regina (on the Application of) v Sussex Police and Another: Admn 16 May 2008
WV brought an application for permission to apply for judicial review to quash a decision of the Crown Prosecution Service (CPS) to disclose to the defence in a trial his identity as a person providing information to the police without applying to the trial judge for a ruling that information relating to WV’s identity is … Continue reading WV, Regina (on The Application of) v Crown Prosecution Service: Admn 1 Sep 2011
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
The appellant had been convicted for murder. Whilst serving as a prisoner he provided substantial assistance to the police in solving other crimes. The court was now asked as to the extent to which such assistance ater conviction might allow reduction of the tarriff sentence imposed. Held: The well established common law principles should not … Continue reading ZTR, Regina v: CACD 25 Aug 2015
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011
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 claimant renewed his request for an order against the defendant that he should be given a place on a witness protection scheme. He had given evidence for the prosecution in a gangland murder trial. A risk assessment had identified a risk ‘real but not immediate’. He was given limited assistance. He argued that such … Continue reading Q, Regina (on The Application of) v Q Constabulary and Another: Admn 17 Mar 2011
The defendant had pleaded guilty to conspiracy to corrupt in having provided inducements for the award of medical supplies contracts to Greece. He appealed against a sentence of twelve months imprisonment, saying that it should have been suspended to accord with an agreement with the Serious Fraud office under the Act, and under which he … Continue reading Regina v Dougall: CACD 13 May 2010
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Application for leave to appeal against the result of a review of sentence under section 74 of the Serious and Organised Crime and Police Act 2005 Citations: [2010] EWCA Crim 1485, [2011] 1 Cr App Rep (S) 69, [2010] Crim LR 725 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 26 November 2022; Ref: … Continue reading D, Regina v: CACD 29 Jun 2010
The court was asked to consider whether the IPCC could investigate the circumstances leading to the arrest of a suspect who fell into a coma after being arrested for being drunk. The IPCC appealed, saying that it did not have jurisdiction to investigate matters before the arrest. Held: The appeal was dismissed. Longmore LJ said: … Continue reading Reynolds, Regina (on the Application of) v Independent Police Complaints Commission and Another: CA 22 Oct 2008
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedingsThe claimant said that he had been severely beaten whilst detained in police custody for interview. Held: ‘Article 3 enshrines one of the most fundamental values … Continue reading Selmouni v France: ECHR 28 Jul 1999
The applicant was arrested and placed under house arrest on charges relating to his association with the Mafia. As an interim measure some of his property was seized. The proceedings ended in his acquittal. He claimed that the seizure of his property was a violation of his rights under A1P1. Held: His complaint was dismissed.The … Continue reading Raimondo v Italy: ECHR 22 Feb 1994
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. Ward LJ, Sedley LJ, Hooper LJ [2007] EWCA Civ 375, [2008] 1 All ER 465 Bailii Proceeds of Crime … Continue reading UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls and was recalled. In considering his application for a further licence he complained that the … Continue reading In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to prove the absence of consent. They said it was their human right to give consent to … Continue reading Regina v Brown (Anthony); Regina v Lucas; etc: HL 11 Mar 1993
