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
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 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
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The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of the 1998 Act was to abolish the entire doctrine of … Continue reading JTB, Regina v: HL 29 Apr 2009
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 . .
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
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
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 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
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
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
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
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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 . .