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Bentham, Regina (on the Application of) v HM Prison Wandsworth: Admn 7 Feb 2006

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

Lander, Regina v: CACD 21 Dec 2021

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

Langley v Preston Crown Court and others: CACD 30 Oct 2008

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

W, Regina (on the Application Of) v Director of Public Prosecutions: Admn 8 Jun 2005

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

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

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

Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005

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 Chief Constable of Lancashire v Potter: Admn 13 Oct 2003

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

Birmingham City Council v Dixon: QBD 18 Mar 2009

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

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

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

Director of Public Prosecutions v Dykes: Admn 21 Oct 2008

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

Regina v Francis; CPS Leicester, Regina v: CACD 21 Dec 2006

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

Taylor v Director of Public Prosecutions: Admn 28 Apr 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

Director of Public Prosecutions v Kitching: 1989

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

Regina v Jacobs: CACD 28 Dec 2000

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

Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005

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

Henderson v Crown Prosecution Service: Admn 9 Mar 2016

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

Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012

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

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

Stovell, Regina v: CACD 12 Jan 2006

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