The claimant awaited trial for GBH. The claimant sought judicial review of directions given for 1) to direct disclosure of material to the claimant; 2) to adjourn the application to enable him to call oral evidence; 3) to consider any material outside the copy witness statements relied upon by the prosecution; and 4) to dismiss … Continue reading Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004
Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after being told that they would receive only warnings. This was denied by the police. That denial … Continue reading A, Regina (on the application of) v South Yorkshire Police and Another: Admn 9 May 2007
Whether it is appropriate for a court to make an order pursuant to section 39 of the Children and Young Persons Act 1933 to confer anonymity on children or young persons in respect of whom an anti-social behaviour order has been made pursuant to section 1 of the Crime and Disorder Act 1998. Citations: [2002] … Continue reading T, Regina (on the Application Of) v St Albans Crown Court and others: Admn 20 May 2002
The several applicants had been accused of offences under which the cases were to be transferred direct to the Crown Court for trial. The charges were later amended, with alternative offences preferred for which similar procedures might be and were applied. The defendants challenged the application of the new procedures other than to the initial … Continue reading Regina (on the Applications of Salubi and Another) v Bow Street Magistrates Court: Admn 10 May 2002
The defendants had faced charges of conspiracy to defraud. After the charges were dismissed, the prosecutor now sought a voluntary bill of indictment for their revival. Held: The request was refused. Exceptional circumstances are required to reverse the effect of such a ruling. And good reasons are required to permit a common law conspiracy charge … Continue reading Redcar v Dady and Others: QBD 8 Mar 2013
The court contrasted allegations under sections 28(1)(a) and 28(1)(b): ‘paragraph (a) form is not concerned so much with the offender’s state of mind but with what he did or said so as to demonstrate racial hostility towards the victim. In contrast, the paragraph (b) form is concerned with the offender’s motivation, which necessarily involves considering … Continue reading RG and LT v Director of Public Prosecutions: Admn 28 Jan 2004
The father sought judicial review of an anti-social behaviour order (ASBO) made in respect of his son. Held: Although the child’s best interests remained a primary consideration when making such an order, they were not the primary consideration. Where it was not alleged that the behaviour did not justify an order and application for judicial … Continue reading A (A Child), Regina (on the Application of) v Leeds Magistrate’s Court and Another: Admn 19 Mar 2004
Application for judicial review of anti-social behaviour order (ASBO). Judges: Sedley LJ, Pichers J Citations: [2005] EWHC 954 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 Jurisdiction: England and Wales Crime Updated: 29 September 2022; Ref: scu.226275
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, his sister sought an order for his return to F, his carer … Continue reading G v E and Others: CA 16 Jul 2010
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
The defendant sought a writ of habeas corpus, saying that he had been wrongfully committed to the crown court under the 1998 Act. The note referred only to a ‘conspiracy without further specification. The crown court had remitted him to the magistrates on this basis. Held: The tail must not be allowed to wag the … Continue reading Bentham, Regina (on the Application of) v HM Prison Wandsworth: Admn 7 Feb 2006
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 … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000
The claimant sought to appeal against a stand-alone anti-social behaviour order made against him by magistrates. The court considered whether an appeal could be made. Judges: Scott-Baker LK, Aikens J Citations: [2008] EWHC 2623 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 1(1) Criminal Practice Updated: 19 July 2022; Ref: scu.277361
The defendants had been sent direct for trial under the section, being charged with indictable only offences, but the prosecution had failed to serve the necessary evidence and documents within the time limit. No application was made by the prosecution to extend the time limit save by a letter which arrived to late to allow … Continue reading Fehily and Others v Governor of Wandsworth Prison and Another: Admn 19 Jun 2002
The defendant appealed an order under the 1997 Act saying that it was akin to an order made under the 1998 Act where proof was required to a criminal standard, and that the court had applied only the civil standard. Held: There was a real distinction between the two Acts. The civil standard of proof … Continue reading Hipgrave and Another v Jones: QBD 15 Dec 2004
The court considered the practical difficulties which arose in imposing extended sentences with determinate sentences. Held: The appropriate determinate sentence should be imposed first, and only then the consecutive extended sentence. Consecutive sentences should still generally be avoided. Citations: Times 09-May-2007, [2007] EWCA Crim 680 Links: Bailii Statutes: Crime and Disorder Act 1998, Powers of … Continue reading Regina v C, Bartley and others: CACD 22 Mar 2007
An interim anti-social behaviour order had been obtained against an 11 and a half year old boy in the county court, and an injunction sought against his mother under the 1996 Act. The defence had questioned whether there had been the required consultation with the police. It was then disputed whether that issue had been … Continue reading Manchester City Council v Muir and Another: CA 20 Mar 2006
Citations: [2006] EWCA Crim 686, [2007] 1 WLR 339 Links: Bailii Statutes: Crime and Disorder Act 1998 Jurisdiction: England and Wales Crime Updated: 05 July 2022; Ref: scu.240057
The defendant appealed the terms of an anti-social behaviour order, saying that the curfew imposed as one of the conditions of the order was unlawful being mandatory rather than prohibitory, and tantamount to a penal sanction. Held: The substance of the order had to be prohibitory rather than mandatory, but the curfew, being a restriction … Continue reading Lonergan v Lewes Crown Court and Another: Admn 23 Mar 2005
The making of an interim Anti-Social Behaviour Order not on notice was not an infringement of the subject’s human rights, since the order was limited in time and subject to review by the courts. However, ‘The more intrusive the order the more the court will require proof that it is necessary that it should be … Continue reading Regina (M) v Secretary of State for Constitutional Affairs and Lord Chancellor: CA 18 Mar 2004
Citations: [2003] EWHC 2385 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 1 Jurisdiction: England and Wales Criminal Sentencing, Magistrates Updated: 08 June 2022; Ref: scu.187313
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence. Held: Although the proceedings under which orders were made were civil, the standard of proof required was virtually that of a criminal court. Public policy could be used to justify … Continue reading Gough and Another v Chief Constable of Derbyshire: CA 20 Mar 2002
Citations: [1999] EWHC Admin 809 Links: Bailii Statutes: Crime and Disorder Act 1998 Crime Updated: 28 May 2022; Ref: scu.140073
The Chief Constable applied for anti-social behaviour orders, but the applications were made by his officers under purported delegated powers. The district judge rejected the applications saying that the power to make such an application could not be delegated. The Chief Constable appealed. Held: He did have a general power of delegation of powers given … Continue reading Regina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices: Admn 30 May 2002
The council received a report by a housing trust about the behaviour of the defendant, then aged 16, who lived on an estate within the Borough, and after investigating applied for an anti-social behaviour order. Some witness statements contained first hand evidence, but the application was primarily based on hearsay evidence contained in records of … Continue reading Regina v Marylebone Magistrates Court ex parte Andrew Clingham: Admn 20 Feb 2001
On an application for an interim anti-social behaviour order, the court must consider whether the application for a final order has been properly made. Judges: Kennedy LJ Citations: [2003] 1 All ER 531 Statutes: Crime and Disorder Act 1998 Jurisdiction: England and Wales Cited by: Cited – Manchester City Council v Muir and Another CA … Continue reading B v Secretary of State for Constitutional Affairs and the Lord Chancellor: CA 2003
Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Where a judge considered that the normal period of licence which would apply after a defendants eventual release from prison would be insufficient to exert control he thought would be necessary, it was possible and proper for him to pass a sentence extended for licence purposes under the Act, and also to make such sentences … Continue reading Regina v Barker (Andrew): CACD 8 Nov 2000
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005
Appeal from eight months’ imprisonment on one charge of intentionally causing harassment, alarm or distress which was racially aggravated, contrary to section 31(1)(b) of the Crime and Disorder Act 1998 Judges: Lady Justice Macur DBE Mrs Justice Farbey DBE Mr Justice Wall Citations: [2021] EWCA Crim 2014 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing … Continue reading Lander, Regina v: CACD 21 Dec 2021
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
‘Mrs W seeks a Declaration that it is lawful for the sperm of her husband Warren Brewer who died on 7 February 2012 to be stored beyond 18 April 2015 and for a period of up to 55 years until 18 April 2060 so that it can be used by her for the purposes of … Continue reading Warren v Care Fertility (Northampton) Ltd and Another: FD 6 Mar 2014
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable appealed a decision that this was an interference in his … Continue reading R, Regina (on the Application of) v Durham Constabulary and Another: HL 17 Mar 2005
The prisoner had been sentenced to consecutive terms of imprisonment, one for less, and one for more than 12 months. She disputed the date on which she should be released to home detention under curfew under the Guidance issued by the Secretary of State explaining how the release date should be calculated where longest sentence … Continue reading Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another: SC 30 Jun 2010
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section 2(1)(b). Held: The civil standard of proof is flexible and … Continue reading B v Chief Constable of Avon and Somerset Constabulary: QBD 5 Apr 2000
The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order. Held: In the county court there is a right of appeal against an ASBO and its variation … Continue reading Langley v Preston Crown Court and others: CACD 30 Oct 2008
The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering into a plea bargain making the extradition an abuse of process. Held: The … Continue reading McKinnon v The United States of America and Anotherr: HL 30 Jul 2008
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
The local authority applied for and obtained an anti-social behaviour order (ASBO) in respect of a child in their care. The boy sought judicial review.
Held: There was a real potential conflict of interest on the part of the authority. On the . .
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Both prosecutor and defendant appealed by case stated against decisions of the magistrates. The prosecutor said the magistrates had misdirected themselves on racial aggravation. The defendant appealed against an harassment conviction. . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The defendant appealed a conviction for breaching an anti-social behaviour order. The order had prohibited him from committing any criminal act. It was now challenged as being too wide a prohibition. Held: ‘The defendant had already been placed under five carefully tailored restrictions, which were appropriate to combat the kind of anti-social nuisance he had … Continue reading W, Regina (on the Application Of) v Director of Public Prosecutions: Admn 8 Jun 2005
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
The applicant challenged the imposition of a sex offender’s order, on the basis that having been convicted of the last offence, that was the date after which he had to have behaved in such a way as to cause the concern necessary in turn to found an application. Held: The Act required only such behaviour … Continue reading Hopson (Darren) v Chief Constable of North Wales Police: QBD 25 Oct 2002
The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012
The defendant appealed against his conviction for conveying ‘List A’ articles into prison. He said that the proceedings had been a nullity for failure to comply with the requirements of Schedule 3 of the 1998 Act. He had not been notified of the possibility of making representations. Held: The appeal failed. The definition of terrorism … Continue reading Gul (H) v Regina: CACD 31 Jul 2012
The applicant SR, aged 15, was remanded in custody to a Youth Offenders Institution pending sentence. Had he been a girl, he could not have been so remanded, since no similar provision was available for them. He complained that the law infringed his human rights. It was accepted that he was properly dealt with under … Continue reading Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001
Citations: [2007] EWCA Civ 135 Links: Bailii Statutes: Crime and Disorder Act 1998, Anti-Social Behaviour Act 2003 Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.249369
The defendant appealed against the making of an amendment to the duration and terms of the anti-social behaviour order made against her. Judges: His Honour Judge Kaye QC Citations: [2009] EWHC 3635 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.401939
Citations: [2004] EWHC 1456 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 1 Jurisdiction: England and Wales Crime Updated: 14 October 2022; Ref: scu.226883
‘The principal issue in this appeal by way of case stated from the Youth Court in Birmingham is the nature of the mental element that a prosecutor must prove when a defendant is prosecuted for breach of an Anti-Social Behaviour Order made under s.1(10) of the Crime and Disorder Act 1998’ Judges: Sir John Thomas … Continue reading JB v Director of Public Prosecutions: Admn 24 Jan 2012
Appeal by case stated against the decision of the Northampton Magistrates’ Court on 22 February this year to make an anti-social behaviour order (ASBO) against the appellant under section 1C of the Crime and Disorder Act 1998. Citations: [2008] EWHC 2703 (Admin), [2008] MHLR 348, (2008) 172 JP 596 Links: Bailii Jurisdiction: England and Wales … Continue reading Cooke, Regina (on the Application Of) v Director of Public Prosecutions: Admn 21 Oct 2008
A court granted bail subject to provision of title deeds to a property as security. The defendant deposited a charge certificate with the owner’s consent, but then absconded. The court sought to forfeit the entire property, the owner of the charge sought to protect her interest. Held: The court had not made clear just what … Continue reading Regina (Stevens) v Truro Magistrates’ Court: QBD 18 Jul 2001
Applicant councils sought to challenge by judicial review leave given to appeal out of time against ASBO orders. Held: The requests failed. The courts were required when considering such applications to allow for the age of the defendant. The merits of the application were also relevant, with greater merit being required to be shown in … Continue reading Birmingham City Council, Regina (on the Application of) v Birmingham Crown Court, RR interested Party; similar: Admn 17 Dec 2009
A judge should test bad character evidence before allowing it to be put in. Here the judge had allowed evidence relating to a dismissal from employment for a racially related matter to be put in, but those proceedings had been unsatisfactory, and were not sufficiently reliable to found bad character evidence. Citations: Times 31-May-2000, [2000] … Continue reading Regina v Wright: CACD 15 May 2000
The defendant had been convicted in his absence of threating behaviour, but acquitted of racially aggravated threatening behaviour. The prosecutor appealed. On being asked to leave a hospital reception he had cursed the ‘lying Paki doctor’ who had assisted him on the evening before. Held: The appeal succeeded. In deciding whether an offence is racially … Continue reading Director of Public Prosecutions v Dykes: Admn 21 Oct 2008
The prosecutor appealed from the magistrates’ acquittal of the defendant, who was of Asian origin, and who had assaulted the victim, also of Asian origin, calling him a ‘white man’s arse-licker’ and a ‘brown Englishman’. Held: This did not demonstrate hostility towards Asians.‘I will reject also an argument put before us by the Respondent, to … Continue reading Director of Public Prosecutions v Pal: QBD 3 Feb 2000
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime. Held: (Baroness Hale of Richmond) ‘The mischiefs attacked by the aggravated versions of these offences are racism and xenophobia. Their essence is the … Continue reading Rogers, Regina v: HL 28 Feb 2007
The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant. Held: The appeal failed. The fact that a motive was not the sole motive did … Continue reading Johnson v Director of Public Prosecutions: Admn 26 Feb 2008
Citations: [2008] EWHC 608 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 28(1)(b) Crime Updated: 14 July 2022; Ref: scu.266874
The court has power to extend the term on an anti-social behaviour order when asked to vary its terms. There was however no right of appeal against the decision to vary an ASBO: ‘The fact that there is no appeal from any variation is a matter which has caused us concern. But it seems to … Continue reading Leeds City Council v RG: Admn 9 Jul 2007
Breach of anti-social behaviour order order not to commit any criminal offence. Citations: [2005] EWCA Civ 1333 Links: Bailii Statutes: Crime and Disorder Act 1998 1(10) Jurisdiction: England and Wales Cited by: See Also – W, Regina (on the Application Of) v Director of Public Prosecutions Admn 8-Jun-2005 The defendant appealed a conviction for breaching … Continue reading W, Regina (on the Application Of) v Director of Public Prosecutions: CA 8 Jun 2005
The defendant appealed by way of case stated against a decision in his case where he was to be prosecuted for possession of a prohibited weapon, a sawn off shotgun. The court had failed to give him opportunity to make representations as required under the 1998 Act. After committal on an indictable only offence, the … Continue reading Smith v Crown Prosecution Service: Admn 15 Nov 2005
Whilst in custody in the police station, the defendant was visited by the police surgeon. He was accused of causing racially aggravated harassment, alarm or distress after abusing the doctor. The Crown appealed acceptance of his defence that the cell was for the time being his residence under section 31 of the 1986 Act which … Continue reading Regina v Francis; CPS Leicester, Regina v: CACD 21 Dec 2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress. Held: It was a quiet residential street late at night. The defendant had been shouting, and it was open … Continue reading Taylor v Director of Public Prosecutions: Admn 28 Apr 2006
The defendant had admitted an offence under the 1997 Act but the magistrates had declined to make a restraining order. The police then sought and anti-social behaviour order. The defendant objected saying that the events upon which the claim was based were more tan six months old and not admissible. Held: It was important not … Continue reading Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005
The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an altercation he called them ‘bloody foreigners’ and told them to get back to their own … Continue reading Rogers, Regina v: CACD 10 Nov 2005
Breach of anti-social behaviour order. Judges: Stanley Burnton J Citations: [2003] EWHC 3139 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 1 Jurisdiction: England and Wales Crime Updated: 01 July 2022; Ref: scu.227060
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of constituting racial abuse. Held: Whether such words constituted racial agravation in the … Continue reading Attorney General’s Reference (No 4 of 2004): CACD 22 Apr 2005
An adult (19) and a youth (17) had been sentenced together, and the judge had clearly looked to sentence them equally. The new rules, however, would grant to the Home Secretary, the discretion to release the adult earlier under the home curfew and tagging scheme. The youth appealed saying that the equality sought by the … Continue reading Regina v Cooper (Toby): CACD 28 Apr 2000
Citations: [2004] EWHC 2990 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 29(1)(b) Jurisdiction: England and Wales Crime Updated: 14 June 2022; Ref: scu.220669
Refusal of magistrates to make order prohibiting disclosure of child’s name on application for anti-social behaviour order. Judges: Mr Justice Harrison Citations: [2004] EWHC 1933 (Admin) Links: Bailii Statutes: Children and Young Persons Act 1933 39, Crime and Disorder Act 1998 1D Jurisdiction: England and Wales Magistrates, Children Updated: 11 June 2022; Ref: scu.200314
Citations: [2004] EWHC 464 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998, Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 10 June 2022; Ref: scu.194908
The magistrates had been taking a deposition, and ordered police officers to be excluded from court. Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this … Continue reading Regina (Crown Prosecution Service, Greater Manchester) v Bolton Justices: QBD 31 Oct 2003
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the … Continue reading Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003
Opium has a considerably lower street value than other class A drugs, including particularly heroine and cocaine. Sentences for possession with intent to supply must reflect this lower value. On a contested case involving 40kg would be 14 years and upwards, and for 4kg was 10 years and upwards. Though equally harmful in principle, there … Continue reading Regina v Behrooz Mashaollahi: CACD 25 Jul 2000
There is no power to impose a detention and training sentence to run consecutive to a detention order which been made on a previous occasion. In this case, the result was that it was appropriate to impose a custodial sentence or no separate penalty, but the reserves of that was in turn to create an … Continue reading Regina v Hayward: CACD 9 Jan 2001
The court asked whether calling a woman an ‘African bitch’ was capable in law of demonstrating hostility towards the complainant, who came from Sierra Leone, as being a member of a racial group. Held: The meaning of ‘racial group’ was not so tied down by the Act as to be restricted to dictionary definitions. Accordingly … Continue reading Regina v White: CACD 14 Feb 2001
A defendant was convicted of a repeat offence of dealing in Class A drugs. The minimum term to be applied was seven years. However, in this case the defendant’s previous conviction had been dealt with by way of a probation order, and that alone was a sufficient ‘particular circumstance’ which would operate to allow a … Continue reading Regina v Stenhouse: CACD 11 Apr 2000
The court construed section 58 of the 1998 Act, looking at the requirement for a sex offender to register under section 1 of the Sexual Offenders Act 1997. The length of the registration obligation is determined by the length of the term of imprisonment to which the offender is sentenced. Held: ‘It is to be … Continue reading Regina v Graham (S): CACD 2001
The defendant appealed the imposition of a determinate sentence followed by an extended sentence for offences of cruelty to a child, rape and inflicting grievous bodily harm. Held: Some of the offences had taken place before the regime of extended sentences was introduced. Though one extended sentence should not follow another, there was no reason … Continue reading Regina v Bird: CACD 3 Dec 2004
Appeal was made against a sentence thought unduly lenient. The defendant was convicted of a racially aggravated assault occasioning actual bodily harm. Held: There should be a serious increase in the penalty where a crime is racially aggravated, but this was not to be a calculation derived from the new maximum penalties. Judges: Rose LJ, … Continue reading Regina v Pells Attorney-General’s Reference (No 92 of 2003): CACD 22 Mar 2004
A court which intended to sentence the defendant to a period of detention and training, should make allowance for any relevant period spent by the defendant in custody awaiting trial. The period of reduction was not purely arithmetical. The court had given credit for the defendant’s guilty plea under the 1998 act rather than under … Continue reading Regina v Davis (Carl): CACD 20 Dec 2000
Where a youth was seventeen at the date of conviction, but eighteen when sentenced, a sentence to a detention and training centre took effect as that, and was not to be converted into a sentence to detention in a young offender institution. The Act would only come into effect in such a case where he … Continue reading Regina v Cassidy: CACD 13 Oct 2000
A defendant could be convicted of a racially aggravated offence when he used racially abusive language towards another of his own ethnicity when committing the underlying offence. The prosecutor’s appeal was allowed. Judges: Maurice Kay LJ, Rafferty J Citations: Times 06-May-2004 Statutes: Public Order Act 1996 5, Crime and Disorder Act 1998 28 Crime Updated: … Continue reading Director of Public Prosecutions v Green: QBD 7 Jul 2004
When calculating the period of time for which a person convicted of a relevant offence must stay on the sex offenders register, a period of extended licence does not count as a term of imprisonment and must be disregarded. A liability to be recalled to prison is not the same as a term of imprisonment.When … Continue reading Regina v S: CACD 30 Aug 2000
Where a youth court was considering the imposition of a detention and training order on a young offender under the Act, the court should always, before retiring state this possibility in open court so that the parties can ascertain the length of time if any spent already spent in custody so that proper allowance could … Continue reading Regina v Haringey Youth Court, Ex Parte A: QBD 30 May 2000
The obligation on a court when sentencing a young offender to take account of the period of time spent in custody, did not amount to an obligation to reduce a sentence to take account of such time. There was no one-to-one equation, and a time in custody of one day might well not affect the … Continue reading Regina v Inner London Crown Court, Ex P I: QBD 12 May 2000
The obligation on a court when sentencing a young offender to take account of the period of time spent in custody, did not amount to an obligation to reduce a sentence to take account of such time. There was no one-to-one equation, and a time in custody of one day might well not affect the … Continue reading R v Inner London Crown Court, Ex P I: QBD 31 May 2000
A Home Office circular which sought to set out a definition of what would be a ‘persistent offender’ for the purposes of the Act could not replace the words of the statute. In this case the judge had drawn his conclusion from the cases presented to him, and the facts admitted established sufficient persistence under … Continue reading Regina v C (Young Person: Persistent Offender): CACD 11 Oct 2000
The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003
AG’s appeal against sentence for racially aggravated harassment. Judges: Simon LJ, Goss J, Wait QC HHJ Citations: [2017] EWCA Crim 1500 Links: Bailii Statutes: Crime and Disorder Act 1998 32(1)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 31 March 2022; Ref: scu.597481
A police officer is as entitled as anybody else not to be racially abused. An arrested person made racist remarks against a police officer, and was convicted of the offence of threatening behaviour, racially aggravated. Even though the appellant might not be racist, her offence passed the custody threshold. Even so a short sentence of … Continue reading Regina v Jacobs: CACD 28 Dec 2000
Each defendant had commited a substantive offence, and when sentenced, his sentence hd been accompanied by an anti-social behaviour order. In some cases orders had been made in a form similar to football banning orders, but such orders were not themselves available. Held: The test for seeking an order was one of necessity, in that … Continue reading Boness v Regina; Regina v Bebbington etc: CACD 19 Aug 2005
False Judges: Lord Justice Latham (The Vice-President of the Court of Appeal, Criminal Division) Mr Justice Mitting Citations: [2008] EWHC 2882 (Admin), (2009) 173 JP 52, [2009] HLR 24 Links: Bailii Statutes: Crime and Disorder Act 1998 1 Jurisdiction: England and Wales Citing: Cited – Boness v Regina; Regina v Bebbington etc CACD 19-Aug-2005 Each … Continue reading B, Regina (On the Application of) v Commissioner Of Police Of the Metropolis: Admn 10 Nov 2008
Whether offence was racially aggravated – charge of using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was religiously aggravated in accordance with section 28 of the Crime and Disorder Act 1998, contrary to section 5(1) of the Public … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005
