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Crime - 2000

Criminal Law. Generally, this includes all questions as to whether any particular act is a criminal offence.

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 289 cases, and was prepared on 21 October 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
Director of Public Prosecutions -v- Pal; QBD 2000
In re Owens [2000] 1 Cr App 195
2000
QBD
Crime
1 Citers
Child Abduction Act 1984 2
Regina -v- Director of Public Prosecutions, ex parte Jones [2000] IRLR 373
2000
CA
Buxton LJ
Crime, Company

1 Citers
A company Managing Director had arranged for a dockside crane to be adapted, so that with the jaws of the grab bucket open bags could be attached to hooks fitted within the bucket. Jones was in the hold of a ship loading bags onto the hooks when the jaws of the bucket closed and he was decapitated. In deciding not to prosecute the managing director and the company for gross negligence, the lack of subjective recklessness on his part was "dispositive" Held: If the accused is subjectively reckless, then that may be taken into account by the jury as a strong factor demonstrating that his negligence was criminal, but negligence will still be criminal in the absence of any recklessness if on an objective basis the defendant demonstrated a ‘failure to advert to a serious risk going beyond mere inadvertence in respect of an obvious and important matter which the defendant’s duty demanded that he should address.' That is a test in objective terms.
Attorney General's Reference No 73 of 1999 (R -v- Mark Charles) [2000] 2 Cr App R(S) 209
2000
CACD
Crime

B -v- Director of Public Prosecutions [2000] 1 All ER 833
2000

Crime
George Lees Irvine -v- Her Majesty's Advocate
9 Jan 2000
HCJ
Lord Kirkwood
Scotland, Crime
Link[s] omitted
Bendris, Regina -v- [2000] EWCA Crim 99
13 Jan 2000
CACD
Crime
Link[s] omitted
In Continued Note of Appeal Against Sentence By Karl Lawson Dodson -v- Her Majesty's Advocate
14 Jan 2000
HCJ
Lord Johnston
Scotland, Crime
Link[s] omitted
Frank Docherty -v- Her Majesty's Advocate
14 Jan 2000
HCJ
Lord Johnston and Lord Macfadyen and Lord Sutherland
Scotland, Crime
[ ScotC ]
Sean Hoy -v- Procurator Fiscal, Edinburgh
18 Jan 2000
HCJ
Lord Caplan and Lord Allanbridge and Lord Sutherland
Scotland, Crime
Link[s] omitted
Cantone Limited -v- Procurator Fiscal, Kilmarnock
19 Jan 2000
HCJ
Lord Caplan and Lord Allanbridge and Lord Sutherland
Scotland, Crime
Link[s] omitted
Continued Stated Case By June Hynd -v- Procurator Fiscal, Kilmarnock
19 Jan 2000
HCJ
Lord Sutherland
Scotland, Crime
Link[s] omitted
John Thomas Duffin -v- Her Majesty's Advocate
19 Jan 2000
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord McCluskey
Scotland, Crime
[ ScotC ]
Paul Wurth Sa, R -v- [2000] EWCA Crim 4
26 Jan 2000
CACD
Crime
[ Bailii ]
Regina -v- Julian Henry Ashley Cox CA Crim 5
26 Jan 2000
CACD
Crime
[ Bailii ]
Mohammed Aslam -v- Her Majesty's Advocate
27 Jan 2000
HCJ
Lord Cowie and Lord Justice General and Lord Prosser
Scotland, Crime
Link[s] omitted
Regina -v- Adams and Harding [2000] EWCA Crim 6
28 Jan 2000
CACD
Crime
Link[s] omitted
James Napier Farquhar -v- Her Majesty's Advocate
28 Jan 2000
HCJ
Lord Justice General and Lord Eassie and Lord Prosser
Scotland, Crime
Link[s] omitted
Janette Carruthers Maxwell -v- Her Majesty's Advocate
28 Jan 2000
HCJ
Lord Eassie and Lord Justice General and Lord Prosser
Scotland, Crime
Link[s] omitted
Note of Appeal Against Conviction and Sentence By Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs -v- Her Majesty's Advocate [2000] ScotHC 11
28 Jan 2000
HCJ
Lord McCluskey and Lord Kirkwood and Lord Hamilton
Scotland, Crime

Link[s] omitted
Her Majesty's Advocate -v- Martin Mcglinchey and Ryan James Renicks
1 Feb 2000
HCJ
Lord Justice General and Lord Coulsfield and Lord Nimmo Smith
Scotland, Crime
[ ScotC ]
Her Majesty's Advocate -v- Mark Alexander Paterson
2 Feb 2000
HCJ
Lord Justice General and Lord Coulsfield and Lord Nimmo Smith
Scotland, Crime
[ ScotC ]
R -v- Eyck; R -v- Hadakoglu
3 Feb 2000
CACD
Crime, Immigration
The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal immigrants were discovered inside. The offence was complete.
Immigration Act 1971 25 (1) (a)
Regina -v- Robinson [2000] EWCA Crim 8
3 Feb 2000
CACD
Otton LJ, Owen J, Sir Rhys Davies QC
Crime
1 Cites
1 Citers
Otton LJ said as to whether a defendant continued to be involved in a joint enterprise: "it can only be in exceptional circumstances that a person can withdraw from a crime he has initiated. Similarly in those rare circumstances communication of withdrawal must be given in order to give the principal offenders the opportunity to desist rather than complete the crime. This must be so even in situations of spontaneous violence unless it is not practicable or reasonable so to communicate as in the exceptional circumstances pertaining in Mitchell where the accused threw down his weapon and moved away before the final and fatal blows were inflicted."
Link[s] omitted
Regina -v- Roger Wykeham Barlow [2000] EWCA Crim 7
3 Feb 2000
CACD
Crime
[ Bailii ]
Talbot -v- Oxford City Justices; Director of Public Prosecutions [2000] 1 WLR 1102
3 Feb 2000
QBD
Crime Casemap
1 Citers
The defendant having been found inside an office was convicted under the Act of being in an enclosed area within the Act. It was held that the Act clearly referred to enclosed but open areas. The list of buildings was exhaustive and did not include an office or room.
Vagrancy Act 1824 4
Margaret Anderson Brown -v- Procurator Fiscal, Dunfermline [2000] ScotHC 14
4 Feb 2000
HCJ
Lord Allanbridge and Lord Justice General and Lord Marnoch
Human Rights, Road Traffic, Crime, Scotland
The power in the Road Traffic Act to force a registered keeper to say who was driving a car denies the driver a right to a fair trial by compelling a driver to give evidence against himself. A refusal to answer is itself a crime. The restriction on such powers must apply at the stage of evidence gathering as much as at trial. It does not apply at the stage where an officer is investigating whether a crime has been committed, but does when he moves on to ask who committed the offence.
Road Traffic Act 1988 172 - European Convention on Human Rights
[ Bailii ] - [ ScotC ]
Vasilou, Regina -v- [2000] EWCA Crim 3541
4 Feb 2000
CACD
Crime
Link[s] omitted
Her Majesty's Advocate -v- John Friel Drain and Alastair Thom
7 Feb 2000
HCJ
Lord Eassie and Lord Justice General and Lord Prosser
Scotland, Crime
Link[s] omitted
Regina -v- Eyck; R -v- Hadakoglu
8 Feb 2000
CACD
Crime, Immigration
The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal immigrants were discovered inside. The offence was complete.
Immigration Act 1971 25 (1) (a)
Anthony Duffy -v- Her Majesty's Advocate
10 Feb 2000
HCJ
Lord Allanbridge and Lord Justice General and Lord Marnoch
Scotland, Crime
Link[s] omitted
Regina -v- Sawoniuk [2000] EWCA Crim 9
10 Feb 2000
CACD
Crime
[ Bailii ]
Alan John Howitt -v- Her Majesty's Advocate
10 Feb 2000
HCJ
Lord Allanbridge and Lord Justice General and Lord Marnoch
Scotland, Crime
Link[s] omitted
Attorney General's Reference No 2 of 1999 [2000] EWCA Crim 911
15 Feb 2000
CACD
Crime
Link[s] omitted
Attorney General's Reference No 2 of 1999 [2000] EWCA Crim 91
15 Feb 2000
CACD
Crime
[ Bailii ]
Attorney General's Reference No 2/1999 [2000] EWCA Crim 10
15 Feb 2000
CACD
Crime
Criminal Justice Act 1972 36
[ Bailii ]
Regina -v- D G [2000] EWCA Crim 14
17 Feb 2000
CACD
Crime
[ Bailii ]
Her Majesty's Advocate -v- Nulty
17 Feb 2000
HCJ
Lord Abernethy
Scotland, Crime
Link[s] omitted
Jones, R -v- [2000] EWCA Crim 3543
17 Feb 2000
CACD
Crime
Link[s] omitted
Regina -v- M J W [2000] EWCA Crim 12
17 Feb 2000
CACD
Crime
[ Bailii ]
Regina -v- Paba [2000] EWCA Crim 15
17 Feb 2000
CACD
Crime
Link[s] omitted
Regina -v- Blackford [2000] EWCA Crim 13
17 Feb 2000
CACD
Crime
[ Bailii ]
Regina -v- Secretary of State for Home Department, ex parte Christian Norgren [2000] EWHC QB 143; [2000] EWHC Admin 296
18 Feb 2000
Admn
Lord Bingham CJ
Financial Services, Extradition, Crime Casemap

The extradition of the defendant was requested by the US for breaches of insider dealing legislation. He claimed the issue of the order by the Home Secretary claiming it was not an extradition crime since at the time, the English equivalent offence related only to dealing on the Stock Exchange in London. Held: The decision in issue would be that of the magistrate, not the Home Secretary. The notice was correct on its face and should stand.
Extradition Act 1989 - Company Securities (Insider Dealing) Act 1985
[ Bailii ] - [ Bailii ] - [ Bailii ]
Robb -v- Her Majesty's Advocate; HCJ 18-Feb-2000
Lees, R -v- [2002] NICC 2450
18 Feb 2000
CCNI
Northern Ireland, Crime
[ Bailii ]
Regina -v- Blok, Liddon and Ricault [2000] EWCA Crim 16
18 Feb 2000
CACD
Crime
[ Bailii ]
Brian Robert Mcleay -v- Her Majesty's Advocate
18 Feb 2000
HCJ
Lord Justice General and Lord Prosser and Lord Sutherland
Scotland, Crime
[ ScotC ]
Regina -v- Rigot and Carole Slaughter [2000] EWCA Crim 18
18 Feb 2000
CACD
Crime
[ Bailii ]
Lees, R -v- [2002] NICC 2450
18 Feb 2000
CCNI
Northern Ireland, Crime
[ Bailii ]
S C -v- R [2000] EWCA Crim 19
18 Feb 2000
CACD
Crime
Link[s] omitted
Regina -v- Kamara [2000] EWCA Crim 17
18 Feb 2000
CACD
Crime
Link[s] omitted
Alexander Forsyth -v- Her Majesty's Advocate
22 Feb 2000
HCJ
Lord Eassie and Lord Kingarth and Lord Justice Clerk
Scotland, Crime
[ ScotC ]
Dale Walker -v- Her Majesty's Advocate
25 Feb 2000
HCJ
Lord Cameron of Lochbroom and Lord MacLean and Lord Weir
Scotland, Crime
[ ScotC ]
Notice Under Schedule 6 of the Scotland Act 1988 In Her Majesty's Advocate -v- Robert Mcintosh
25 Feb 2000
HCJ
Lord Marnoch
Scotland, Crime
Link[s] omitted
Derek Longmuir -v- Her Majesty's Advocate
25 Feb 2000
HCJ
Lord Cameron of Lochbroom and Lord MacLean and Lord Weir
Scotland, Crime
Link[s] omitted
Procurator Fiscal, Linlithgow -v- Jamie Graham Borland [2000] ScotHC 25
25 Feb 2000
HCJ
Lord Justice General and Lord Penrose and Lord Sutherland
Scotland, Crime
[ Bailii ] - [ ScotC ]
Lees, R -v- [2002] NICC 2449
25 Feb 2000
CCNI
Northern Ireland, Crime
Link[s] omitted
B (A Minor) -v- Director of Public Prosecutions [2000] 2 AC 428; [2000] UKHL 13; [2000] 2 WLR 452; [2000] 1 All ER 833; [2000] Crim LR 403
25 Feb 2000
HL
Lord Chancellor, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hutton
Crime Casemap


To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant's mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens rea was required. There was no need to establish that the basis for any belief or lack of it was reasonable in fact. Honest belief is now the basis for the interpretation of such issues. The accused's honest belief that a girl was over 14 need not be based on reasonable grounds.
Lord Nicholls of Birkenhead said: "Considered as a matter of principle, the honest belief approach must be preferable. By definition the mental element in a crime is concerned with a subjective state of mind, such as intent or belief." The starting point is that: "the established common law presumption that a mental element, traditionally labelled mens rea, is an essential ingredient unless Parliament has indicated a contrary intention either expressly or by necessary implication."
Lord Nicholls: "'Necessary implication' connotes an implication which is compellingly clear. Such an implication may be found in the language used, the nature of the offence, the mischief sought to be prevented and any other circumstances which may assist in determining what intention is properly to be attributed to Parliament when creating the offence."
Indecency with Children Act 1960 1(1)
[ House of Lords ] - [ House of Lords ] - [ Bailii ]
Justis Raham Smith -v- The Queen (Appeal No 44 of 1999) Appeal No 44 of 1999; [2000] UKPC 6
28 Feb 2000
PC
Commonwealth, Crime
PC Bermuda
[ Bailii ] - [ PC ] - [ PC ]
Michael John Anthony -v- Procurator Fiscal, Edinburgh
28 Feb 2000
HCJ
Lord Kirkwood and Lord MacLean and Lord Justice Clerk
Scotland, Crime
Link[s] omitted
Attorney-General's Reference (No 2 of 1999) [2000] QB 796
29 Feb 2000
CACD
Rose LJ
Crime, Company

A conviction for manslaughter by gross negligence did not require proof of a defendant's state of mind. Nevertheless such evidence might well be useful in other ways. A body corporate could be guilty of manslaughter by gross negligence, but only if at least one identified individual was shown to be guilty of the same crime. Corporate manslaughter did not require evidence of the state of mind of the corporation, but somebody no doubt within the corporation must also be identified as responsible in law.
Craig Fitzgerald -v- Procurator Fiscal, Glasgow
1 Mar 2000
HCJ
Lord Allanbridge and Lord Kingarth and Lord Prosser
Scotland, Crime
[ ScotC ]
Bill of Advocation By Her Majesty's Advocate for Duncan Hodge
1 Mar 2000
HCJ
Lord McCluskey and Lord Prosser and Lady Cosgrove
Scotland, Crime
Link[s] omitted
Oyston, Regina (on The Application of) -v- Parole Board and Others [2000] EWCA Crim 3552
1 Mar 2000
CACD
Crime
Link[s] omitted
Regina -v- Nelson
2 Mar 2000
CACD
Crime
Having been arrested for theft, and found in possession of an imitation firearm, but later being acquitted of theft, the defendant argued he could not be convicted of possessing the firearm if no specified offence was committed. Held: The words of the Act are clear, and required either the commission of an offence or possession at the time of an arrest for such an offence. In recent years such offences have been taken much more seriously, and earlier cases should not be followed.
Firearms Act 1968 17(2)
Thames Water Utilities Ltd -v- London Borough of Bromley [2000] EWHC Admin 301
4 Mar 2000
Admn
Utilities, Crime Casemap
1 Citers
The court considered an appeal by case stated against a conviction on 16 separate informations alleging offences of failing to complete permanent reinstatement as required by section 70(4).
New Roads and Street Works Act 1991 70
Link[s] omitted
In Petition of the British Broadcasting Corporation To the Nobile Officium of the High Court of Justiciary
7 Mar 2000
HCJ
Lord Macfadyen
Scotland, Crime
[ ScotC ]
Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Endrik Van Rijs -v- Her Majesty's Advocate [2000] ScotHC 30
7 Mar 2000
HCJ
Lord McCluskey and Lord Hamilton and Lord Kirkwood
Scotland, Crime Casemap

1 Citers
[ Bailii ] - [ ScotC ]
Atkins -v- Director of Public Prosecutions; Goodland -v- Director of Public Prosecutions; Admn 08-Mar-2000
John Mcintosh Mclay -v- Her Majesty's Advocate [2000] ScotHC 31
8 Mar 2000
HCJ
Lord Coulsfield and Lord Cowie and Lord Justice Clerk
Scotland, Crime
[ Bailii ] - [ ScotC ]
Friskies Petcare UK Ltd, Regina -v- [2000] EWCA Crim 95
10 Mar 2000
CACD
Crime
[ Bailii ]
Regina -v- Keyes and Others (2000) Crim LR 571; (2000) 2 CAR 181
10 Mar 2000
CACD
Pill LJ, Crane J, Sir Charles McCullough
Crime, Customs and Excise Casemap
1 Cites
It was not necessary for the Commissioners themselves to authorise by order proceedings for conspiracy to commit a non-summary customs and excise offence, namely to evade the prohibition on importation of a controlled drug. The Criminal Law Act could not be used to reinstate that requirement because just they had not been charged with the substantive offence. The statutory provisions of the Acts, when read together, suggested that such consent would not be required.
Customs and Excise Management Act 1979 170(2)(b) 145(1) 145(6) - Criminal Law Act 1977 4(3)
Regina -v- Khorasani [2000] EWCA Crim 22
15 Mar 2000
CACD
Crime
Link[s] omitted
Note of Appeal Under Section 74 of the Criminal Procedur (Scotland) Act 1995 By Crummock (Scotland) Limited -v- Her Majesty's Advocate
16 Mar 2000
HCJ
Lord Weir
Scotland, Crime
Link[s] omitted
Petition To the Nobile Officium By Geoffrey Keith Burn and In Referral Under R 40 7 of the Act of Adjournal (Dev Issue Rules) 1999 for Consideration By the High Court of Justiciary By Patrick Mcquilken -v- Procurator Fiscal, Glasgow
16 Mar 2000
HCJ
Lady Cosgrove and Lord Justice General and Lord Sutherland
Scotland, Crime
[ ScotC ]
Francis Feely -v- Her Majesty's Advocate
17 Mar 2000
HCJ
Lord Allanbridge
Scotland, Crime
Link[s] omitted
Richard John Agar -v- Her Majesty's Advocate
17 Mar 2000
HCJ
Lord Marnoch
Scotland, Crime
[ ScotC ]
Brian Hamilton -v- Procurator Fiscal, Linlithgow [2000] ScotHC 37
22 Mar 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Sutherland
Scotland, Crime
Link[s] omitted
Procurator Fiscal, Alloa -v- Bainbridge
22 Mar 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Sutherland
Scotland, Crime
Link[s] omitted
Director of Public Prosecutions -v- Furby
23 Mar 2000
QBD
Road Traffic, Crime
A motorist had deliberately failed to complete the breath test procedure twice. In later court proceedings he was able to bring medical evidence that he would have been unable to do so in any event. He was held to have been properly convicted. There could be no reasonable excuse where inability was later shown. He would only have been able to rely on the inability to supply a specimen if he had tried to provide one and failed.
Road Traffic Act 1988 7(6)
Teiko David Jamel Furbert and Sheldon Eugenio Franks -v- The Queen [2000] UKPC 12; Appeal No 61 of 1998
23 Mar 2000
PC
Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Hutton, Lord Millett
Commonwealth, Crime Casemap

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 the accused inadmissible. The judge was correct to make the notes an exhibit since defence counsel suggested it. Whether a statement constitutes an admission is a question for the jury. The defendants argued that the judge had misdirected as to the mental element in the crime of murder. The judge had correctly described the provisions of the applicable criminal code.
[ Bailii ] - [ PC ] - [ PC ]
Gilbert -v- The Queen [2000] HCA 15
23 Mar 2000

McHUGH, GUMMOW, HAYNE AND CALLINAN JJ
Commonwealth, Crime Casemap
1 Citers
Austlii (High Court of Australia) The appellant, his brother and another were charged with murder. The appellant had driven the victim, and the others to a remote place where the fatal assault occurred. The Crown's said the appellant did so with the purpose of enabling or aiding his brother to commit the offence of murder. There was ample evidence to support the prosecution's case. However, the defence case was that all the appellant knew was that his brother intended to assault the victim. The appellant was therefore contending that he was guilty of manslaughter not murder. The judge instructed the jury that manslaughter was not available. Held: "From one point of view it might appear that such a direction was unduly favourable to the appellant. Such an appearance, however, may be deceptive. Sometimes when there is a misdirection of law, it is risky to seek to assign the advantage of the misdirection exclusively to one party, and the disadvantage exclusively to another." and "The system of criminal justice as administered by appellate courts requires the assumption, that as a general rule, juries understand, and follow the directions they are given by trial judges. It does not involve the assumption that their decision-making is unaffected by matters of possible prejudice."
[ Austlii ]
Regina -v- Naz [2000] EWCA Crim 24
23 Mar 2000
CACD
Crime
Link[s] omitted
Dhillon, R. -v- [2000] EWCA Crim 113
24 Mar 2000
CACD
Crime
[ Bailii ]
Grant Ian Macpherson -v- Procurator Fiscal, Paisley
24 Mar 2000
HCJ
Lord Prosser and Lord Kingarth and Lord Allanbridge
Scotland, Crime
[ ScotC ]
Regina -v- Turner [2000] EWCA Crim 27
27 Mar 2000
CACD
Crime
Link[s] omitted
Regina -v- Amado-Taylor [2000] EWCA Crim 25
27 Mar 2000
CACD
Crime
Link[s] omitted
Regina -v- Fell [2000] EWCA Crim 26
27 Mar 2000
CACD
Crime
[ Bailii ]
Director of Public Prosecutions for Northern Ireland, In the Matter of [2000] NIEHC 2
28 Mar 2000
NIHC
Northern Ireland, Crime
Link[s] omitted
Lau -v- Director of Public Prosecutions; QBD 29-Mar-2000
Regina -v- Chelmsford Crown Court, Ex Parte Farrer; CA 29-Mar-2000
Gary William Logan -v- Procurator Fiscal, Kilmarnock [2000] ScotHC 41
29 Mar 2000
HCJ
Lord Kingarth and Lord Kirkwood and Lord Mackay of Drumadoon
Scotland, Crime
Link[s] omitted
Thomas Gallacher -v- Procurator Fiscal, Paisley
29 Mar 2000
HCJ
Lord Kingarth and Lord Kirkwood and Lord Mackay of Drumadoon
Scotland, Crime
Link[s] omitted
David John Kirk -v- Procurator Fiscal, Dunfermline
29 Mar 2000
HCJ
Lord Kingarth and Lord Kirkwood and Lord Mackay of Drumadoon
Scotland, Crime
Link[s] omitted
Wilson Cardno -v- Procurator Fiscal, Peterhead
29 Mar 2000
HCJ
Lord Mackay of Drumadoon and Lord Kingarth and Lord Kirkwood
Scotland, Crime
Link[s] omitted
Ahmed -v- Leicester City Council
29 Mar 2000
QBD
Licensing, Crime
A person carried on a food business even though he might be excluded from the premises, for example, by a partner. It was necessary to read the words of a provision carefully where criminal liability attached, but it was also intended to ensure that responsibility was not evaded by pretending that others ran the business. The proprietor was the person carrying on the business whether or not he was actually the owner.
Food Safety Act 1990 1(3) - Food Safety (General Food Hygiene) Regulations 1995 (1995 No 1763)
Regina -v- Antoine [2000] 2 Cr App R 94; [2000] UKHL 20; [2000] 2 WLR 703
30 Mar 2000
HL
Lord Nicholls Of Birkenhead Lord Mackay Of Clashfern Lord Nolan Lord Hope Of Craighead Lord Hutton
Crime

1 Citers
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished responsibility. The judge had followed Egan in saying that the issue of diminished responsibility could not be raised at a hearing of fitness to plead. Held: The two hearings were distinct. The defence of diminished responsibility could be heard only when the defendant faced a trial for murder. The 1964 procedure decided whether he should face that procedure. The defence of provocation to a charge of murder is only relevant when the jury are satisfied that the defendant had the requisite mens rea for murder.
Homicide Act 1957 2 - Criminal Procedure (Insanity) Act 1964 4A(2)
Link[s] omitted
Raymond Platt -v- Her Majesty's Advocate
31 Mar 2000
HCJ
Lord Cowie and Lord Justice Clerk and Lord Weir
Scotland, Crime
[ ScotC ]
Regina -v- Kettering Magistrates' Court ex parte MRB Insurance Brokers Limited [2000] EWHC Admin 320
4 Apr 2000
Admn
Schiemann LJ, Douglas Brown J
Consumer, Crime, Financial Services
1 Cites
A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given was a price under the contract: "The total amount payable under the contract which can properly be described as the price, should be arrived at by reference to the APR. The APR given was very substantially below the true APR and Mr Pulford Junior was given a totally false indication as to how the aggregate of the sums required to be paid would be determined. In those circumstances clearly a misleading indication as to price was given. The question as to the enforceability of the agreement is quite irrelevant." As to the effect of the section: "Section 170(1) is not an obstacle to a prosecution under the Consumer Protection Act 1987, where the provisions of Section 20 are apt to cover a factual situation such as that which arose in this case."
Consumer Protection Act 1987 20 - Consumer Credit Act 1974 170(1)
[ Bailii ]
Regina -v- Forbes (Giles)
4 Apr 2000
CACD
Customs and Excise, Crime
A person who set out to import pornographic videos, and received packages which hid their true content, was guilty of importing the content, as indecent photographs of children, even if that had not been what was expected. If he knows he is evading a prohibition against importation, he is responsible for what is imported.
Customs Consolidation Act 1876 - Customs and Excise Management Act 1979
Regina -v- Glenn Paul Wright [2000] EWCA Crim 28; [2000] EWCA Crim 28
5 Apr 2000
CACD
Lord Justice Beldam Mr Justice Silber And The Recorder Of Leeds
Crime
The defendant appealed conviction for assisting suicide and murder. The offences took place whilst he had been in custody in a prison for vulnerable prisoners. The three offences were so similar that they were tried together, involving the defendant being present when the other prisoner hanged himself. He questioned the judge's directions as to the intent required to be shown, and the way he had dealt with questions from the jury. Held: By giving the straightforward direction on intention, the judge was directing the jury to the real question they had to determine, and steering them away from the chameleon-like concepts of purpose, foresight of consequence, and awareness of risk. Appeal dismissed
Link[s] omitted
Regina -v- Dhillon
5 Apr 2000
CACD
Crime
It was wrong to try to import into cases of offering to supply controlled drugs, issues which were properly questions of the law of contract. Drugs had been offered for sale and accepted, and the defendant argued that applying the law of contract, the court would conclude that there was no continuing offer capable of founding a charge at a later date. It was held that such considerations were wrongly introduced in such cases.
Regina -v- Mann
6 Apr 2000
CACD
Crime
1 Citers
The defendant having pleaded guilty to an offence under the Act, involving repeated calls to the staff of a residential home, and having been sentenced, was also made subject to a restraining order that he should not 'contact or communicate with any member of staff'. It was held that the Act did not permit such an order, and for it was substituted an order requiring not to engage in any activity which might amount to harassment.
Protection from Harassment Act 1997 5
Graham Terrence Finegan -v- Procurator Fiscal, Dundee [2000] ScotHC 46
7 Apr 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Sutherland
Scotland, Crime
Link[s] omitted
Procurator Fiscal, Linlithgow -v- Jamie Borland [2000] ScotHC 48
7 Apr 2000
HCJ
Lord Justice General and Lord Prosser and Lord Osborne and Lord Reed and Lord Wheatley
Scotland, Crime
[ Bailii ] - [ ScotC ]
Paul Mckim -v- Procurator Fiscal, Greenock [2000] ScotHC 47
7 Apr 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Sutherland
Scotland, Crime
Link[s] omitted
Darren Brian Carson -v- The Procurator Fiscal, Kilmarnock [2000] ScotHC 45
7 Apr 2000
HCJ
Lord Justice General and Lord Reed and Lord Weir
Scotland, Crime
Link[s] omitted
Regina -v- Dellaway and Moriarty [2000] EWCA Crim 29
7 Apr 2000
CACD
Crime
[ Bailii ]
Her Majesty's Advocate -v- Harry Mcsalley
10 Apr 2000
HCJ
Lady Cosgrove
Scotland, Crime
Link[s] omitted
W, R -v- [2000] EWCA Crim 3545
10 Apr 2000
CACD
Crime
[ Bailii ]
Richard John Gannon -v- Her Majesty's Advocate [2000] ScotHC 51
11 Apr 2000
HCJ
Lord Gill and Lord Macfadyen
Scotland, Crime
Link[s] omitted
Trevor Rush Mccafferty Wright -v- Her Majesty's Advocate
11 Apr 2000
HCJ
Lord Gill and Lord Macfadyen and Lord Justice General
Scotland, Crime
Link[s] omitted
John Gallagher -v- Her Majesty's Advocate
11 Apr 2000
HCJ
Lord Justice General and Lord Gill and Lord Allanbridge
Scotland, Crime
Link[s] omitted
Liewe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs -v- Hm Advocate [2000] ScotHC 32
14 Apr 2000
HCJ
Lord Justice General and Lady Cosgrove and Lord Sutherland
Natural Justice, Human Rights, Scotland, Crime Casemap
1 Cites
1 Citers
A judge, having given judgment in an appeal case involving the application of the convention on Human Rights, wrote and published an article critical of the convention, and of its application in national law. The appeal decision was set aside, since the reality or appearance of objective impartiality which was clearly required by both common law and the convention had been lost. The requirement for impartiality was both objective and subjective.
European Convention on Human Rights
Link[s] omitted
Director of Public Prosecutions -v- Mark Thomas Ramos [2000] EWHC Admin 328
14 Apr 2000
Admn
Crime Casemap
1 Cites
Link[s] omitted
Stewart Anderson Kidd -v- Her Majesty's Advocate [2000] ScotHC 55
18 Apr 2000
HCJ
Lord Coulsfield and Lord Cowie and Lord Justice Clerk
Scotland, Crime
Link[s] omitted
Gordon Dickson Birse -v- Her Majesty's Advocate
18 Apr 2000
HCJ
Lord Justice General and Lord Gill and Lord Allanbridge
Scotland, Crime
Link[s] omitted
Regina -v- P T [2000] EWCA Crim 30
18 Apr 2000
CACD
Crime
Link[s] omitted
Patrick John Nicol -v- Her Majesty's Advocate
18 Apr 2000
HCJ
Lord Justice General and Lord Gill and Lord Allanbridge
Scotland, Crime
Link[s] omitted
Regina -v- Westminster City Council ex parte Legg [2000] EWCA Crim 31
18 Apr 2000
CACD
Crime
[ Bailii ]
Regina -v- Wyna [2000] EWCA Crim 35
19 Apr 2000
CACD
Crime
[ Bailii ]
Regina -v- Hayward [2000] EWCA Crim 32
19 Apr 2000
CACD
Crime
Link[s] omitted
Director of Public Prosecutions -v- Noe
19 Apr 2000
QBD
Road Traffic, Crime
When required to give a sample of breath, the motorist consented but made his consent conditional upon first having access to a law book. He was charged with refusing to provide a specimen of breath without a lawful excuse. A motorist is not entitled to add a condition to his consent, and he had no reasonable excuse.
Road Traffic Act 1988 7(6)
Petition of the British Broadcasting Corporation To the Nobile Officium of the High Court of Justiciary
20 Apr 2000
HCJ
Lord Kirkwood and Lord Marnoch and Lord Kingarth
Scotland, Crime
[ ScotC ]
Michael Anthony Peebles -v- the Procurator Fiscal, Hamilton
3 May 2000
HCJ
Lord Justice General and Lord Reed and Lord Weir
Scotland, Crime
Link[s] omitted
David Santini -v- Her Majesty's Advocate
3 May 2000
HCJ
Lord Justice General and Lord Allanbridge and Lord Gill
Scotland, Crime
[ ScotC ]
Procurator Fisacl, Fort William -v- Norman Mclean and Peter Mclean
4 May 2000
HCJ
Lord Prosser and Lord Milligan and Lord Morison
Scotland, Crime
Link[s] omitted
Regina -v- Hearne Unreported May 4, 200
4 May 2000
CACD
Crime
1 Citers
Regina -v- Mullen and Turhan Mustapha [2000] EWCA Crim 36
5 May 2000
CACD
Crime
Link[s] omitted
Her Majesty's Advocate -v- James Hynd
9 May 2000
HCJ
Lord Bonomy
Scotland, Crime
Link[s] omitted
Regina -v- Kamara; CACD 09-May-2000
Finegan -v- Heywood
10 May 2000
HCJ
Crime, Scotland
Parasomnia which resulted in the defendant driving his car after consuming an excess of alcohol but without being aware of his actions in so doing, did not amount to the defence of automatism, where he had previously suffered similar incidents after drinking.
Tabassum, Regina -v- [2000] EWCA Crim 90
11 May 2000
CACD
Crime
Link[s] omitted
Kervin Langton -v- The State [2000] UKPC 19
15 May 2000
PC
Commonwealth, Crime Casemap
1 Citers
PC (Trinidad and Tobago) The board considered the need for a good character direction.
Link[s] omitted
John Carswell -v- the Procurator Fiscal, Dumfries
16 May 2000
HCJ
Lord Justice General and Lord Reed and Lord Weir
Scotland, Crime
Link[s] omitted
Gordon Michie -v- the Procurator Fiscal, Paisley
16 May 2000
HCJ
Lord Justice General and Lord Weir and Lord Reed
Scotland, Crime
Link[s] omitted
Regina -v- The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne; QBD 17-May-2000
Ferguson -v- Her Majesty's Advocate
18 May 2000
HCJ
Lord Cameron of Lochbroom and Lord Carloway and Lord Cowie
Scotland, Crime
[ ScotC ]
Philip Mulvanny -v- Her Majesty's Advocate
18 May 2000
HCJ
Lord Cameron of Lochbroom and Lord Carloway and Lord Cowie
Scotland, Crime
Link[s] omitted
Cardiff City Transport Services, Regina -v- [2000] EWCA Crim 97
22 May 2000
CACD
Crime
Link[s] omitted
Regina -v- Dillon [2000] EWCA Crim 40
25 May 2000
CACD
Crime
Link[s] omitted
Regina -v- John R [2000] EWCA Crim 41
25 May 2000
CACD
Crime
Link[s] omitted
Regina -v- Ali and Farah Cajee [2000] EWCA Crim 39
25 May 2000
CACD
Crime
[ Bailii ]
Regina -v- B [2000] EWCA Crim 42
26 May 2000
CACD
Crime
[ Bailii ]
Regina -v- B (Attorney-General's Reference No 3 of 1999); Regina -v- Weir [2000] EWCA Crim 43; [2000] 3 WLR 1164; [2000] Crim LR 994; [2000] 4 All ER 360; [2000] 2 Cr App R 416
26 May 2000
CACD
Swinton Thomas LJ, Butterfield J, Rafferty J
Criminal Evidence, Crime Casemap

1 Citers
Where a defendant gave a sample of DNA during an investigation, but the sample was not destroyed on his acquittal, evidence obtained from a cross match relating to a different crime was not admissible. The statute requires the samples to be destroyed, and evidence based upon samples not so destroyed cannot be admitted.
Police and Criminal Evidence Act 1984 64(3B)
Link[s] omitted
Regina -v- Wrigley [2000] EWCA Crim 44
26 May 2000
CACD
Crime
[ Bailii ]
Regina -v- Tabassum [2000] 2 CAR 328
26 May 2000
CACD
Rose LJ
Crime Casemap
1 Cites
1 Citers
The defendant had pretended to be medically qualified in order to obtain the opportunity to examine women's breasts. He appealed conviction for indecent assault, saying that they had consented to the examinations. Held: Where consent was given only because the victim was misled into believing that the defendant was a medical practitioner, the consent which had been was as to the nature of the act, but not as to its quality. The fraud vitiated the consent. Consent did not exist because the act consented to was not that done. The consent was to examination for medical purposes by a practitioner. That act was of a different nature. The defendant had argued that an "undoubted consent" could only be negatived if the victim had been deceived or mistaken about the nature and quality of the act, and that consent was not negatived "merely because the victim would not have agreed to the act if he or she had known all the facts". That argument failed. The court observed: "there was no true consent".
Haystead -v- Director of Public Prosecutions
2 Jun 2000
QBD
Crime, Torts - Other
A battery could be inflicted even though the force actually used was used indirectly. The defendant hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He was guilty of beating the child. There was no difference in principle between the use of a weapon to hit the child, and causing the injury through the mother. The only difference here was as to the presence of recklessness rather than intent.
Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs -v- Her Majesty's Advocate [2000] ScotHC 66; 2000 JC 391
2 Jun 2000
HCJ
Lord Carloway and Lord Justice General and Lord Philip
Scotland, Crime
1 Cites
1 Citers
Link[s] omitted
In Petition To the Nobile Officium By David Alexander Kerr -v- Her Majesty's Advocate
2 Jun 2000
HCJ
Lord Kirkwood and Lady Cosgrove and Lord Prosser
Scotland, Crime
Link[s] omitted
Jerry Boncza Tomaszewski Aka George Fraser -v- Her Majesty's Advocate
2 Jun 2000
HCJ
Lord Justice General and Lord Carloway and Lord Philip
Scotland, Crime
Link[s] omitted
Gilmour, Regina -v- [2000] NICA 10; [2000] NIECA 10
5 Jun 2000
CANI
Crime, Northern Ireland
An accessory to a crime of specific intent is guilty to the extent of his own intention and no more. Even though the actual act which was carried out was of the nature of that intended, the fact that it went further than he anticipated was relevant. The applicant went along with a fire bombing not anticipating the infliction of grievous bodily harm, but his accomplices used a much more substantial volume of accelerant, causing a conflagration and three deaths. He was guilty of manslaughter not murder.
Link[s] omitted
Desmond Baptiste -v- The State [2000] UKPC 21
8 Jun 2000
PC
Commonwealth, Crime
PC Trinidad and Tobago
Link[s] omitted
Procurator Fiscal, Glasgow -v- Roseann Boyle
14 Jun 2000
ScSf
Sheriff Brian A Lockhart
Scotland, Crime
Link[s] omitted
Brian Faulds -v- Her Majesty's Advocate
21 Jun 2000
HCJ
Lord Justice General and Lord Cameron of Lochbroom and Lord Eassie
Scotland, Crime
[ ScotC ]
David Santini and Christopher Mccoll and George Faulkner -v- Her Majesty's Advocate
21 Jun 2000
HCJ
Lord Cameron of Lochbroom and Lord Eassie and Lord Justice General
Scotland, Crime
Link[s] omitted
John Healey -v- Her Majesty's Advocate
22 Jun 2000
HCJ
Lord Justice General and Lord Eassie and Lord Cameron of Lochbroom
Scotland, Crime
[ ScotC ]
Her Majesty's Advocate -v- Ian Stewart Mcchesney and Craig Thomas Hillard
22 Jun 2000
HCJ
Lord Cameron of Lochbroom and Lord Eassie and Lord Justice General
Scotland, Crime
Link[s] omitted
Regina -v- John Michael Porter [2000] EWCA Crim 46
22 Jun 2000
CACD
Crime
[ Bailii ]
Regina -v- Donald Pendleton [2000] EWCA Crim 45
22 Jun 2000
CACD
Crime
1 Cites

Link[s] omitted
Graeme Mason -v- Her Majesty's Advocate
26 Jun 2000
HCJ
Lord Justice General and Lord Cameron of Lochbroom and Lord Eassie
Scotland, Crime
Link[s] omitted
Elizabeth Liddle Reilly -v- Her Majesty's Advocate
28 Jun 2000
HCJ
Lord Cowie and Lord Johnston and Lord Prosser
Scotland, Crime
[ ScotC ]
Wheeler, Regina -v-; CACD 03-Jul-2000
Lee Mcguckin -v- Procurator Fiscal, Ayr
5 Jul 2000
HCJ
Lord Cameron of Lochbroom and Lord Caplan and Lord Dawson
Scotland, Crime
[ ScotC ]
Derek Boyd -v- Procurator Fiscal, Glasgow
5 Jul 2000
HCJ
Lord Caplan and Lord Cameron of Lochbroom and Lord Dawson
Scotland, Crime
Link[s] omitted
T W Scott (Painting Contractors) Limited -v- Procurator Fiscal, Aberdeen [2000] ScotHC 74
7 Jul 2000
HCJ
Lord Cameron of Lochbroom and Lord Caplan
Scotland, Crime
[ Bailii ] - [ ScotC ]
Mallon -v- Her Majesty's Advocate
11 Jul 2000
HCJ
Lord Cowie and Lord Kirkwood and Lord Milligan
Scotland, Crime
Link[s] omitted
Celia Jane Fraser -v- Her Majesty's Advocate
11 Jul 2000
HCJ
Lord Kirkwood and Lord Milligan and Lord Cowie
Scotland, Crime
Link[s] omitted
Regina -v- Brown [2000] EWCA Crim 47
12 Jul 2000
CACD
Crime
Link[s] omitted
Anthony and Another, R. -v- [2000] EWCA Crim 3550
12 Jul 2000
CACD
Crime
[ Bailii ]
Morris, Regina -v- [2000] EWCA Crim 112
14 Jul 2000
CACD
Crime
Link[s] omitted
Regina -v- Davis, Rowe, Johnson
17 Jul 2000
CACD
Criminal Practice, Human Rights, Criminal Evidence, Crime Casemap


The court made a distinction between convictions found on appeal to be unfair, and those found to be unsafe. The prosecution had not disclosed to the defendants that the source of their information was a police informer. The European Court of Human Rights had found the procedure unfair. The national court must therefore discharge the defendants, but could not say they felt the defendants' innocence had been established. The system of public interest immunity certificates had not itself been criticised by the European Court of Human Rights, and the system stood valid. Assessing the claim for a certificate in chambers would not deprive the applicant of his remedy. "The court is concerned with the safety of the conviction. A conviction can never be safe if there is a doubt about guilt. However, the converse is not true. A conviction may be unsafe even where there is no doubt about guilt but the trial process has been 'vitiated by serious unfairness or significant legal misdirection' as in Smith (Patrick and Others) and in Weir. Usually it will be sufficient for the court to apply the test in Stirland.
Regina -v- Stone [2000] EWCA Crim 48
19 Jul 2000
CACD
Crime
[ Bailii ]
Brian Robert Macleay -v- Her Majesty's Advocate [2000] ScotHC 77
20 Jul 2000
HCJ
Lord Allanbridge and Lord Caplan and Lord Justice General
Scotland, Crime
Link[s] omitted
Regina -v- Tucknott [2000] EWCA Crim 51
21 Jul 2000
CACD
Crime
[ Bailii ]
Regina -v- Millett [2000] EWCA Crim 50
21 Jul 2000
CACD
Crime
[ Bailii ]
Regina -v- Gill [2000] EWCA Crim 49; [2001] 1 Cr App R 11
21 Jul 2000
CACD
Criminal Practice, Crime Casemap

1 Citers
When a defendant was silent, it was necessary for the court to be especially careful to give precise and accurate directions on the effect of such silence as to the drawing of adverse inferences. Having answered questions on some aspects, it was not possible for the court to separate out the issues safely so as to allow an adverse inference to be drawn, and the judge's directions failed properly to identify clearly all six issues as required in R v Argent
Criminal Justice and Public Order Act 1994 33
Link[s] omitted
Richard John Agar -v- Her Majesty's Advocate
25 Jul 2000
HCJ
Lord Justice General and Lord Cowie and Lord Caplan
Scotland, Crime
Link[s] omitted
Carolyne Clark -v- Her Majesty's Advocate [2000] ScotHC 79
26 Jul 2000
HCJ
Lord Cowie and Lord Caplan and Lord Justice General
Scotland, Crime
[ Bailii ] - [ ScotC ]
Regina -v- Smith (Morgan James); HL 27-Jul-2000
Regina -v- Criminal Injuries Compensation Appeals Panel Ex Parte B; QBD 27-Jul-2000
Thorley, R. v [2000] EWCA Crim 3547
28 Jul 2000
CACD
Crime
Link[s] omitted
Robert Garrow -v- Her Majesty's Advocate
28 Jul 2000
HCJ
Lord Justice General and Lord Cowie and Lord Caplan
Scotland, Crime
Link[s] omitted
Lambert and Others, Regina -v- [2000] EWCA Crim 3542
31 Jul 2000
CACD
Crime
[ Bailii ]
Thomas Mcanea and Raymond Dean and John Joseph Mcgregor and Dennis Mcginnis -v- Her Majesty's Advocate
2 Aug 2000
HCJ
Lord Justice General and Lord Prosser and Lord Allanbridge
Scotland, Crime
[ ScotC ]
David Cameron Millar and Paul Stewart and Kerry Payne and Joseph Tracey and David Ledger Marshall -v- Procurator Fiscal, Elgin and Procurator Fiscal, Dundee and Procurator Fiscal, Stirling [2000] ScotHC 82
3 Aug 2000
HCJ
Lord Prosser and Lord Johnston and Lord Cowie
Scotland, Crime
Link[s] omitted
Mayne and Another -v- Minister of Agriculture, Fisheries and Food [2001] EHLR 5
3 Aug 2000
QBD
Kennedy LJ and Jackson
Administrative, Crime, European, Agriculture Casemap
1 Citers
The defendants exported beef without the requisite certificates. The UK rules had been made before a Directive came into effect. On appeal after conviction the defendant argued that the rules purported to take account of future amendments. It was held that for a criminal sanction to be applicable, Regulations could not give effect to directives made by a third party without appropriate and explicit incorporation of those amendments. A regulation imposing sanctions for failure to comply with an EC Directive is not to be read as applying to future amendments to the Directive unless the wording of the regulations is such as clearly to take account of the possibility of future amendments.
ADT -v- United Kingdom 35765/97; [2000] ECHR 401; [2000] ECHR 402; [2010] ECHR 1892
4 Aug 2000
ECHR
Crime, Human Rights Casemap
1 Citers
The UK law which had the effect of prohibiting non-violent homosexual acts by groups of males, was a violation of the right to respect for his private life. The law went beyond that which might properly be required in a democratic society for the protection of morals or health or the rights and freedoms of others.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine Art. 14; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award
Sexual Offences Act 1967 1 - Sexual Offences Act 1956 13 - European Convention on Human Rights Art 8
Link[s] omitted
Her Majesty's Advocate -v- Thomas Fowler Burns
4 Aug 2000
HCJ
Lord Penrose
Scotland, Crime
Link[s] omitted
Francis Kevin Kelly -v- Her Majesty's Advocate
9 Aug 2000
HCJ
Lord Justice General and Lord Allanbridge and Lord Caplan
Scotland, Crime
[ ScotC ]
Ivey, R. v [2000] EWCA Crim 3548
15 Aug 2000
CACD
Crime
[ Bailii ]
Procurator Fiscal, Kirkcaldy -v- Christopher John Kelly
18 Aug 2000
HCJ
Lord Allanbridge and Lord Cameron of Lochbroom and Lord Milligan
Scotland, Crime
Link[s] omitted
Craig Garry Cook -v- Her Majesty's Advocate
21 Aug 2000
ScSf
Sheriff A.L. Stewart
Scotland, Crime
[ ScotC ]
Graeme Fisher Smith and Scott Raymond Fisher -v- Her Majesty's Advocate
22 Aug 2000
HCJ
Lord Prosser and Lord Penrose and Lord Bonomy
Scotland, Crime
Link[s] omitted
Scottish Criminal Cases Review Commission for an Order In Terms of Section 1941 of the Criminal Procedure (Scotland) Act 1995 Requiring Production [2000] ScotHC 115
29 Aug 2000
HCJ
Scotland, Crime
[ Bailii ]
Alan Nicholson and Thomas Joseph Dowling -v- Her Majesty's Advocate
8 Sep 2000
HCJ
Lord Cameron of Lochbroom
Scotland, Crime
[ ScotC ]
Regina -v- Lambert; Regina -v- Ali; Regina -v- Jordan [2001] 2 WLR 211
14 Sep 2000
CACD
Lord Woolf CJ
Crime, Human Rights


Each defendant was charged under a statute which provided a defence if they could prove a certain element. They complained that this was a breach of their human rights. The complaint was rejected. It would be wrong to impose a burden of proof on a defendant as regards a main element of a crime, but this may be permissible, where the burden lay on the defendant to establish some element of a special defence or exception. The courts should defer to the intention of Parliament. Such provisions could be justified objectively by reference to the particular nature of the offence. (Woolf) ". . . it is important to start with the structure of the offences. If the defendant is being required to prove an essential element of the offence this will be more difficult to justify. If, however, what the defendant is required to do is establish a special defence or exception this will be less objectionable. The extent of the inroad on the general principle is also important. Here it is important to have in mind that article 6(2) is specifically directed to the application of the presumption of innocence of the ‘criminal offence’ charged. It is also important to have in mind that legislation is passed by a democratically elected Parliament and therefore the courts under the Convention are entitled to and should, as a matter of constitutional principle, pay a degree of deference to the view of Parliament as to what is in the interest of the public generally when upholding the rights of the individual under the Convention. The courts are required to balance the competing interests involved.”
Misuse of Drugs Act 1971 - Homicide Act 1957 - Human Rights Act 1998
William John Steven Ward -v- Procurator Fiscal, Hamilton
20 Sep 2000
HCJ
Lord Cameron of Lochbroom and Lord Caplan and Lord Milligan
Scotland, Crime
Link[s] omitted
Her Majesty's Advocate -v- Michael Alexander Nairn
21 Sep 2000
ScSf
Sheriff A.L. Stewart
Scotland, Crime
Link[s] omitted
Raymond Ferguson -v- Her Majesty's Advocate
26 Sep 2000
HCJ
Lord Justice General and Lord Philip and Lord Reed
Scotland, Crime
[ ScotC ]
Craig Brown Johnstone Gillespie Barnes -v- Her Majesty's Advocate
26 Sep 2000
HCJ
Lord Justice General and Lord Philip and Lord Reed
Scotland, Crime
Link[s] omitted
Andrew John Batchelor -v- Her Majesty's Advocate
26 Sep 2000
HCJ
Lord Justice General and Lord Philip and Lord Reed
Scotland, Crime
[ ScotC ]
John Boyd and Graeme Moffat and James Erasmuson -v- Her Majesty's Advocate and Procurator Fiscal, Edinburgh
27 Sep 2000
HCJ
Lord Justice General and Lord Philip and Lord Reed
Scotland, Crime
Link[s] omitted
James Trotter -v- Her Majesty's Advocate
27 Sep 2000
HCJ
Lord Philip and Lord Reed and Lord Justice General
Scotland, Crime
Link[s] omitted
Regina -v- Dennis Percival Lee [2000] EWCA Crim 53
29 Sep 2000
CACD
Crime
[ Bailii ]
Mcilwaine -v- Higson, Procurator Fiscal, Airdrie; HCJ 29-Sep-2000
Regina -v- Clark, Sally [2000] EWCA Crim 54
2 Oct 2000
CACD
Henry LJ, Bracewell and Richards JJ
Crime Casemap

1 Citers
Link[s] omitted
Ong, Regina -v- [2000] EWCA Crim 92
2 Oct 2000
CACD
Crime
[ Bailii ]
James Arthur Morgan -v- Procurator Fiscal, Edinburgh
3 Oct 2000
HCJ
Lord Allanbridge and Lord Coulsfield and Lord Prosser
Scotland, Crime
Link[s] omitted
Her Majesty's Advocate -v- Mclean [2000] ScotHC 11
5 Oct 2000
HCJ
Scotland, Crime
Link[s] omitted
Attorney General's Reference No. 48 of 2000 [2000] EWCA Crim 94
5 Oct 2000
CACD
Crime
[ Bailii ]
Her Majesty's Advocate -v- Barry Mclean
5 Oct 2000
HCJ
Lord Mackay of Drumadoon
Scotland, Crime
[ ScotC ]
Hutchinson -v- Newbury Magistrates Court [2000] EWHC QB 61; (2000) ILR 499
9 Oct 2000
QBD
Buxton LJ
Crime, International

The appellant's conviction for criminal damage to a fence at the Atomic Weapons Establishment at Aldermaston was upheld by the Crown Court; and she appealed by way of case stated to the Divisional Court, maintaining that she had acted in order to halt the production of Trident nuclear warheads at Aldermaston. The threat or use of nuclear weapons was contrary to customary international law as reflected in the Advisory Opinion of the International Court of Justice in the Case Concerning the Legality of the Threat or Use of Nuclear Weapons (1996) 110 ILR 161. Held: No clear rule was established. Had one been found: "It is agreed that a rule of international customary law, if it is sufficiently agreed in international law to be such, is translated automatically into English domestic law. The question however is how it should be characterised once it arrives here? Mr Mercer contended, after some hesitation, that the rule that he had formulated was in English law a rule of substantive criminal law, making conduct by the Crown or British Government in contravention of it a criminal act. That is a very striking submission in view of the context of the rule in its terms. I say nothing in passing as to the susceptibility of the Crown to criminal process. It is also in my view impossible to reconcile that contention with the debate Pinochet No 3 which concluded, illuminatingly subject to the specific dissent on this point by Lord Millet, that although state torture had long been an international crime in the highest sense . . . and therefore a crime universally in whatever territory it occurred, it was only with the passing of section 134 of the Criminal Justice Act 1998 that the English Criminal Courts acquired jurisdiction over "international", that is to say extra-territorial, torture. . . . the unlawfulness of the United Kingdom Governments conduct that is established in English Law by the transformation of the rule of International Law is unlawfulness of a more elusive nature than is to be found in the substantive criminal law. What exactly that nature is was never satisfactorily explained to us, despite the courts efforts to seek elucidation."
Criminal Justice Act 1998 198
Link[s] omitted
Her Majesty's Advocate -v- Abdelbaset Ali Mohmed Al Megrahi and Ali Amin Khalifa Fhimah, Prisoners In the Prison of Zeist, Camp Zeist (Kamp Van Zeist), the Netherlands
10 Oct 2000
HCJ
Lord Coulsfield, Lord Sutherland
Scotland, Crime
1 Cites

Link[s] omitted
Robert Mcintosh -v- Her Majesty's Advocate [2000] ScotHC 97
13 Oct 2000
HCJ
Lord Allanbridge and Lord Kirkwood and Lord Prosser
Scotland, Crime
Link[s] omitted
Director of Public Prosecutions -v- Tristian West [2000] EWHC Admin 403
17 Oct 2000
Admn
Crime
Link[s] omitted
Regina -v- Lee
19 Oct 2000
CACD
Crime
It was not a requirement on a charge of assault with intent to resist arrest, to establish that the defendant's believed that the arrest was unlawful. The mens rea required to be established was that the defendant knew he was being arrested. A belief that the arrest was unlawful did not justify resisting the arrest.
Offences against the Person Act 1861 38
Dorrian, R. v [2000] EWCA Crim 3546
19 Oct 2000
CACD
Crime
Link[s] omitted
Watters, Regina -v- [2000] EWCA Crim 89
19 Oct 2000
CACD
Crime
[ Bailii ]
Regina -v- Barry Rees [2000] EWCA Crim 55
20 Oct 2000
CACD
Crime
Link[s] omitted
Regina v Webb and Simpson [2000] EWCA Crim 56
23 Oct 2000
CACD
Crime
Link[s] omitted
Regina -v- Lee
24 Oct 2000
CACD
Crime
It was not a requirement on a charge of assault with intent to resist arrest, to establish that the defendant's believed that the arrest was unlawful. The mens rea required to be established was that the defendant knew he was being arrested. A belief that the arrest was unlawful did not justify resisting the arrest.
Offences against the Person Act 1861 38
Regina -v- Williams (Roy)
25 Oct 2000
CACD
Crime
There is a clear distinction between the appropriation which is an element of theft, and the obtaining in an offence of deception. In this case the defendant had over-billed for worked, and was accused of theft in respect of the presentation of the cheques given in payment of his bills. The case of Preddy did not apply. Appropriation is the assumption of the rights of an owner, and in respect of a cheque, this happened upon presentation. This differed from obtaining by deception where new choses had been obtained in circumstances where the deception was not clear.
Theft Act 1968
Mcculloch -v- Her Majesty's Advocate [2000] ScotHC 98
25 Oct 2000
HCJ
Lord Cameron of Lochbroom and Lord Eassie and Lord Justice General
Scotland, Crime
Link[s] omitted
Wiliam Douglas -v- Her Majesty's Advocate
26 Oct 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Weir
Scotland, Crime
Link[s] omitted
John Smith -v- Her Majesty's Advocate
26 Oct 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Weir
Scotland, Crime
[ ScotC ]
Mulcahy, Regina -v- [2000] EWCA Crim 106
26 Oct 2000
Admn
Crime
The defendant had been convicted on the strength of identification evidence. Subsequently a fingerprint had been found which belonged to someone who fitted the description first given by the witness. Held. The conviction was unsafe.
[ Bailii ]
Regina -v- Hinks [2000] UKHL 53; [2000] UKHL 53; [2000] 3 WLR 1590
27 Oct 2000
HL
Lord Slynn of Hadley Lord Jauncey of Tullichettle Lord Steyn Lord Hutton Lord Hobhouse of Wood-borough
Crime Casemap
1 Cites
1 Citers
For the purposes of the Theft Acts the acceptance of a gift can constitute 'appropriation.' The word is not to be construed narrowly. It is neutral, and intended to encompass any assumption of the rights of an owner. In this case the defendant had persuaded a vulnerable and trusting person to make substantial gifts over period of time. An appropriation need not involve an element of adverse interference or assertion of some right of ownership. Would an ordinary member of the public see the act as dishonest.
Theft Act 1968
[ House of Lords ] - [ Bailii ]
Graham Mcgill -v- Her Majesty's Advocate
27 Oct 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Weir
Scotland, Crime
Link[s] omitted
Crown Prosecution Service -v- `K' [2000] EWCA Crim 57
31 Oct 2000
CACD
Crime
[ Bailii ]
Adamson T/A John Adamson & Sons -v- Procurator Fiscal, Lanark [2000] ScotHC 102
31 Oct 2000
HCJ
Lord Allanbridge and Lord Carloway and Lord Milligan
Scotland, Crime, Health and Safety Casemap
1 Citers
The appellant farmers were charged with a contravention of section 3(1) in respect that they failed to ensure that an Ayrshire bull which they kept in a field and attacked a man who was working on the grass verge of an adjacent public highway was securely fenced.
Lord Carloway said: "What requires to be proved by the Crown is that a particular operation exposed persons to the risk of harm, in this case physical injury. It is sufficient for the proof of the existence of risk that a possibility of danger is created. Actual harm need not be proved: R v Board of Trustees of the Science Museum [1993] 1 WLR 1171. If such possibility is made out on the evidence then a conviction is bound to follow unless the defence is established. Of course the Crown is obliged, as a matter of fair notice, to specify in the charge the particular operation said to give rise to the risk. In this case, that operation was the keeping of a bull in a field, which was not secured."
Health and Safety Act 1984 3(1)
[ Bailii ] - [ ScotC ]
Director of Public Prosecutions -v- Dunn; QBD 01-Nov-2000
Director of Public Prosecutions -v- Saddington; Chief Constable of the North Yorkshire Police -v- Michael Saddington; Admn 01-Nov-2000
Thomas A B Warnes and Alexander Simpson -v- Her Majesty's Advocate
2 Nov 2000
HCJ
Lord Justice General and Lord Philip and Lord Reed
Scotland, Crime
Link[s] omitted
George Robertson West -v- Procurator Fiscal, Banff
2 Nov 2000
HCJ
Lord Allanbridge and Lord Johnston and Lord Kirkwood
Scotland, Crime
Link[s] omitted
Regina -v- K
7 Nov 2000
CACD
Crime
1 Citers
When the defendant faced a charge of indecent assault on a girl under the age of 16, the prosecution did not face a burden of proving that he had no honest belief that she was 16 or over. The Act intended to produce the effect that no mens rea in this respect was required. A girl of that age could not give any valid consent. If parliament had intended that genuine belief would be a defence under the section, then the latter parts of the section would have been otiose. It was clear by necessary implication, that the defence was not to be available.
Sexual Offences Act 1956 14
Twisse, Regina -v- [2000] EWCA Crim 98
7 Nov 2000
CACD
Crime
Link[s] omitted
Regina -v- Hassana Francis [2000] EWCA Crim 58
8 Nov 2000
CACD
Crime
[ Bailii ]
Regina -v- Wood [2000] EWCA Crim 59; [2000] EWCA Crim 59
9 Nov 2000
CACD
Crime
[ Bailii ]
Offen, Regina -v- [2000] EWCA Crim 96
9 Nov 2000
CACD
Crime
[ Bailii ]
Regina -v- Hardwicke and Thwaites [2000] EWCA Crim 60
10 Nov 2000
CACD
Lord Justice Kennedy Justice Alliott and Justice Bell
Criminal Evidence, Media, Crime
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 was venial in comparison to that of the appellants, and their behaviour would not undermine trust as would similar behaviour in law enforcement officers.
Police and Criminal Evidence Act 1984 78
Link[s] omitted
Godfrey -v- Conwy County Borough Council [2000] EWHC Admin 443
13 Nov 2000
Admn
Nuisance, Crime
Link[s] omitted
Attorney General's Reference No 58 of 2000 [2000] EWCA Crim 87
16 Nov 2000
CACD
Crime
[ Bailii ]
Thomas Kirk -v- the Procurator Fiscal, Kirkcudbright
16 Nov 2000
HCJ
Lord McCluskey and Lord Weir
Scotland, Crime
Link[s] omitted
Attorney General's Reference No 1 of 2000 Under Section 36 of Criminal Justice Act 1972 R -v- JT [2000] EWCA Crim 61
20 Nov 2000
CACD
Crime
[ Bailii ]
Ian Hutcheson -v- Her Majesty's Advocate
22 Nov 2000
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Weir
Scotland, Crime
[ ScotC ]
Michael Mcginley -v- Her Majesty's Advocate
24 Nov 2000
HCJ
Lord Justice General and Lord Cameron of Lochbroom and Lord Weir
Scotland, Crime
[ ScotC ]
Regina -v- Williams [2000] EWCA Crim 62
24 Nov 2000
CACD
Crime
Link[s] omitted
Attorney-General's Reference (No 1 of 2000)
28 Nov 2000
CACD
Crime
The offence of producing a false instrument was committed when a document was used which relied for its validity upon underlying factual circumstances, and those circumstances did not, in fact, exist. A driver produced a tachograph record which suggested that he had not been driving at a certain time when he had, and the record had been manipulated to produce the effect. The absence of the underlying factual background meant that the document told a lie about itself. In this case the tachograph record suggested that another driver had driven, and that was untrue.
Forgery and Counterfeiting Act 1981 9(1)(g)
Regina -v- Calum I MacLeod
29 Nov 2000
CACD
Human Rights, Criminal Practice, Contempt of Court, Crime
The defendant had approached a prosecution witness after she had completed her evidence, but before she left, and challenged her on the basis that she had been lying. On the following day the judge considered whether his behaviour was a contempt of court, and having found it proved, and sentenced him. In this case, and the judge was not himself a witness to what had happened, and it was appropriate for him to act as an independent tribunal, and it was also necessary to act quickly and decisively. The Article 6 right to a fair trial did not add, in these circumstances, to the requirements which already applied to an English courts. The judge should, however, have requested prosecuting counsel to lead the witness through her evidence.
Regina -v- Calvert [2000] EWCA Crim 63
1 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- James [2000] EWCA Crim 64
1 Dec 2000
CACD
Crime
[ Bailii ]
Director of Public Prosecutions Northern Ireland, In the Matter of [2000] NIEHC 59
1 Dec 2000
NIHC
Northern Ireland, Crime
[ Bailii ]
Gsh, Regina -v- [2000] EWCA Crim 93
4 Dec 2000
CACD
Crime
[ Bailii ]
William Hendry -v- Her Majesty's Advocate
5 Dec 2000
HCJ
Lord Cowie and Lord Kirkwood and Lord Prosser
Scotland, Crime
Link[s] omitted
David Blair Gibson -v- Her Majesty's Advocate [2000] ScotHC 107
5 Dec 2000
HCJ
Lord Cowie and Lord Kirkwood and Lord Prosser
Scotland, Crime
Link[s] omitted
Alexander Todd Mitchell -v- Her Majesty's Advocate
6 Dec 2000
HCJ
Lord Cowie and Lord McEwan and Lord Prosser
Scotland, Crime
Link[s] omitted
Hogg -v- Procurator Fiscal, Selkirk
8 Dec 2000
HCJ
Lord Allanbridge and Lord Johnston and Lord Prosser
Scotland, Crime
[ ScotC ]
Regina -v- Jean-Pierre Trotman and Anthony Klitou [2000] EWCA Crim 65
8 Dec 2000
CACD
Crime
[ Bailii ]
Regina -v- Rowe [2000] EWCA Crim 66
8 Dec 2000
CACD
Crime
[ Bailii ]
Mohammed Aslam Pervez -v- Procurator Fiscal, Kirkcaldy
8 Dec 2000
HCJ
Lord Allanbridge and Lord Johnston and Lord Prosser
Scotland, Crime
Link[s] omitted
Roger Jeffrey Murray -v- Her Majesty's Advocate
8 Dec 2000
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord Penrose
Scotland, Crime
[ ScotC ]
Regina -v- Sissen [2000] EWCA Crim 67
8 Dec 2000
CACD
European, Animals, Crime Casemap
1 Cites

The fact that some parrots, the breed of which was subject to import controls as endangered species, had been imported into Austria first, did not prevent a defendant in England committing the offence of being involved in their importation by eventually receiving them in England. The offence was a continuing one. Council regulations had direct effect in member states without the need for enacting legislation. The English Act referred to such regulations directly.
Council Regulation (EEC) No 3626/82 (OJ) - Customs and Excise Management Act 1979 170(2)(b)
Link[s] omitted
Regina -v- Flitter [2000] EWCA Crim 68
13 Dec 2000
CACD
Crime
[ Bailii ]
Regina -v- Stack [2000] EWCA Crim 69
13 Dec 2000
CACD
Crime
[ Bailii ]
Regina on Application of Paul Zietsman and Marius Schmulian -v- Dental Practice Board [2000] EWHC Admin 433
13 Dec 2000
Admn
Health Professions, Crime
Link[s] omitted
Regina -v- Shevki and Michael John Steele [2000] EWCA Crim 70; [2001] 2 Cr App R(S) 178
14 Dec 2000
CACD
Criminal Sentencing, Crime Casemap

The making of a confiscation order is part of sentencing. Such an order might be delayed provided the determination was made within six months of conviction. If in the circumstances of the case of an adjournment beyond that period was necessary, whether or not the information gathering process had been completed, an extension of time could be given without invalidating the later order. The two statutory schemes for making such determinations can be reconciled. There was no need to make such a ruling on each occasion the matter was adjourned, once an initial order had been made.
Drug Trafficking Act 1994 3(1) 3(4)
[ Bailii ]
Regina - v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar; CA 18-Dec-2000
Regina -v- Kimber [2000] EWCA Crim 71
19 Dec 2000
CACD
Crime
[ Bailii ]
Regina -v- L (R, H) [2000] EWCA Crim 72
19 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- Rattigan and Terence Edward Wyatt [2000] EWCA Crim 73
19 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- Williams [2000] EWCA Crim 74
19 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- Kashif Mumtaz Siddiqi [2000] EWCA Crim 79; [2000] EWCA Crim 79
20 Dec 2000
CACD
Lord Justice Waller Mr Justice Douglas Brown And His Honour Judge Stephens Qc
Crime
The defendant appealed a conviction for robbery. Two other older youths had been involved, and he claimed to have had minimal involvement and to have acted under duress. He complained that expert psychiatric evidence as to his susceptibility to duress had been excluded. On appeal, he sought the admission of the evidence under the Act. Held: The evidence was properly excluded. The evidence related really to the time after the offence, not before or at the time of it, and the reports were not consistent or certain.
Criminal Appeal Act 1968 23(1)
Link[s] omitted
Regina -v- Cadman-Smith [2000] EWCA Crim 75
20 Dec 2000
CACD
Crime
[ Bailii ]
Culpepper -v- The State; PC 20-Dec-2000
Referral By the Secretary of State I C Andrew Smith -v- Her Majesty's Advocate
20 Dec 2000
HCJ
Lord Justice General and Lady Paton and Lord Marnoch
Scotland, Crime
[ ScotC ]
Regina -v- eddy, Haslam [2000] EWCA Crim 78
20 Dec 2000
CACD
Crime
[ Bailii ]
Regina -v- Norman Edward Gilfoyle [2000] EWCA Crim 81
20 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- Slade [2000] EWCA Crim 82
20 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- Hills; CACD 20-Dec-2000
Regina -v- Davis [2000] EWCA Crim 77
20 Dec 2000
CACD
Crime
[ Bailii ]
Regina -v- H [2000] EWCA Crim 83
21 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- John Terrence Brock and Ruth Avril Wyner [2000] EWCA Crim 85
21 Dec 2000
CACD
Crime
Link[s] omitted
Regina -v- Rezvi and David John Milford [2000] EWCA Crim 86
21 Dec 2000
CACD
Crime, Natural Justice Casemap
1 Citers
Link[s] omitted
Regina on Application of Joseph -v- Director of Public Prosecutions Chattalou Intervening [2000] EWHC Admin 439
21 Dec 2000
Admn
Crime
Link[s] omitted
Arquita -v- Minister for Immigration and Multi-cultural Affairs; 22-Dec-2000
First Quench Retailing Ltd -v- The Procurator Fiscal, Perth [2000] ScotHC 114
22 Dec 2000
HCJ
Lord Allanbridge and Lord Coulsfield and Lord Prosser
Scotland, Crime
Link[s] omitted
Regina -v- Manchester Crown Court, ex parte McCann and others [2002] 3 WLR 1313
22 Dec 2000
QBD
Lord Woolf
Crime, Administrative, Human Rights Casemap
1 Cites
1 Citers
An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones where proof will not be easily found. There is no overriding test within domestic law for deciding whether proceedings are civil or criminal. The procedure here was one generally used for civil proceedings, and no punishment was properly involved at this stage. At most there would be a restriction on activities of those subject to the order. Lord Woolf: "The significance of whether the proceedings are civil or criminal arises because of the difficulty that exists in relation to the proof of the sort of conduct against which section 1 is designed to provide protection. Understandably, in a locality those who are subject to anti-social behaviour are chary about giving evidence in criminal proceedings. It is in particular because of those difficulties that, after a consultation process, the legislation which is contained in Part 1 of the 1998 Act was passed. The object of making the proof of conduct which is anti-social more easy to prove would be defeated if in fact the proceedings were criminal. Then the normal rules of evidence which apply to criminal proceedings would have to be complied with and furthermore the proceedings would be subject to the additional protection provided by Article 6 of the European Convention in relation to criminal proceedings."
Crime and Disorder Act 1998 1 - European Convention on Human Rights 5.1
Regina -v- Broch, Regina -v- Wyner
28 Dec 2000
CACD
Crime
On a charge allowing premises to be used for the supply of drugs, the defendant's belief that he had taken sufficient steps to prevent drugs being supplied, was not a sufficient defence. The standard to be applied was the jury's assessment, not that of the defendant. In this case the prosecution alleged that, given the degree of activity at the premises, the defendants must have known of the sale of drugs. Once the defendants knew that drugs were being sold, they had to take all reasonable and effective steps to prevent dealing. The word 'reasonable' did not have a subjective element.
Misuse of Drugs Act 1971 8(b)

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