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
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935
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 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
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
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 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
‘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
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
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate. Held: The claimant’s right to respect for his home had been … Continue reading Keegan v United Kingdom: ECHR 18 Jul 2006
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
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
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
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
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 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 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 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 claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
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
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
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
The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a personality disorder and depression. Held: If this evidence were called at a trial … Continue reading Hendy, Regina v: CACD 12 Apr 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 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
The local authority applied for an anti-social behaviour order in respect of the defendant. The defendant appealed saying that the authority should have consulted with him first because the ASBO procedures provided little opportunity for involvement. Held: District judges had a clear duty to investigate properly cases brought before them, and a failure to do … Continue reading Wareham v Purbeck District Council; Wareham v Bournemouth Magistrates Court: Admn 14 Mar 2005
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
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
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
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal hearing in June 1989 the opinion was that he was no longer suffering from … Continue reading Johnson v The United Kingdom: ECHR 24 Oct 1997
Citations: [1999] EWHC Admin 809 Links: Bailii Statutes: Crime and Disorder Act 1998 Crime Updated: 28 May 2022; Ref: scu.140073
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 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 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
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
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. Citations: [1990] COD 149, [1990] CLR 394, Times 17-Nov-1989 Statutes: Criminal Justice Act 1967 … Continue reading Director of Public Prosecutions v Kitching: 1989
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
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
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
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001
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
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
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
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
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 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
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
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
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
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The … Continue reading Regina v SH: CACD 3 Aug 2010
‘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
Appeal by way of Case Stated from the decision convicting him for three offences of harassment contrary to s.4A of the Public Order Act 1986 on 1 May 2015. These convictions followed the Appellant’s convictions on 10 April 2015 for three offences of racially aggravated harassment contrary to s.31(1)(b) of Crime and Disorder Act 1998. … Continue reading Henderson v Crown Prosecution Service: Admn 9 Mar 2016
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 claimant challenged the decision that he should face trial on charges of historic sexual abuse. He was now elderly and said to be unfit to attend court or instruct his lawyers, suffering Alzheimers. He sought interim relief against being required to attend court. Held: Article 8 was engaged, but not article 3: ‘Article 8 … Continue reading Janner, Regina (on The Application of) v The Crown Prosecution Service: Admn 13 Aug 2015
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Conviction in Excess of Jurisdiction Appeal against conviction by the unusual route of a certificate of the trial judge. The defendant had been convicted of having a bladed article and of resisting a police constable. He had been convicted by a jury of an offence triable only summarily. Held: Upon the entry of the not … Continue reading Adgyei, Regina v: CACD 11 Aug 2016
The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of violence, contrary to section 4 of the 1986 Act. He said that to convict him … Continue reading Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012
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
Rejection of Submission of No Case to Answer The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction. Held: Lord Lane LCJ said: ‘How then should the judge approach a submission … Continue reading Regina v Galbraith: CCA 1981
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
An application had been made for an anti-social behaviour order against the defendant. The council sought at the hearing to bring evidence as to his continued behaviour after the application had been filed. The council now appealed against the non-admission of the evidence. Held: The District Judge had been wrong not to admit the evidence. … Continue reading Birmingham City Council v Dixon: QBD 18 Mar 2009
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She resisted, and injured him. Held: There was no arrest, and … Continue reading Collins v Wilcock: QBD 1984
The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address. Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light … Continue reading Stovell, Regina v: CACD 12 Jan 2006
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether the doctrine of transferred malice could be applied alongside that of joint … Continue reading Gnango, Regina v: SC 14 Dec 2011
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 . .
Appeal against refusal of magistrates to allow witnesses to give evidence from behind screens. . .
The twelve year old defendant had pleaded guilty to several allegations of sexual assault. The judge had ruled that it was not open to him to plead doli incapax. He appealed saying that only the presumption of doli incapax had been abolished, and . .
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. . .
The council appealed refusal of the magistrate to grant it an anti-social behaviour order. The subject had been riding a jet ski at a grossly excessive speed. The witness statements had not included any statement that the witness was cause any alarm . .
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
