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 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 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
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 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 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 . .
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. . .
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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
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 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
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 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
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
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 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 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 . .
