Acts
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Sentencing in courts martial should follow civil practice, but allow for the fact that the trial takes place within the context of military discipline. Citations: Times 03-Dec-1997 Statutes: Courts-Martial Appeals Act 1996 Criminal Sentencing, Armed Forces Updated: 09 April 2022; Ref: scu.87222
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial. Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an independent tribunal could be shown, a trial could not normally be shown to … Continue reading Regina v Dundon: CMAC 18 Mar 2004
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
Plea of Autrefois Acquit is Narrow in Scope The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict. Held: The majority identified a narrow principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964