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Regina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices: Admn 30 May 2002

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

Regina v Marylebone Magistrates Court ex parte Andrew Clingham: Admn 20 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

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

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

Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another: SC 30 Jun 2010

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

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

Acts

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

Regina v Behrooz Mashaollahi: CACD 25 Jul 2000

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

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 Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

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

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

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

The Director of Public Prosecutions v Pal: Admn 3 Feb 2000

Director of Public Prosecutions’ appeal by way of Case Stated against the adjudication of the Bedfordshire Justices, sitting at Bedford on 21st July 1999, acquitting the Respondent of an offence of racially aggravated common assault contrary to section 29(1)(c) and 29(3) of the Crime and Disorder Act 1998. Judges: Lord Justice Simon Brown -And- Mr … Continue reading The Director of Public Prosecutions v Pal: Admn 3 Feb 2000

Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

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

Charles, Regina v: CACD 28 Jul 2009

The court was asked whether the legal burden of proving whether a defendant acted without reasonable excuse in breach of an Anti-social Behaviour Order rests upon the Crown or the defence. Held: It was for the prosecution to establish that the defendant had acted without a reasonable excuse when acting in breach of the ASBO. … Continue reading Charles, Regina v: CACD 28 Jul 2009

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

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

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

Norwood v Director of Public Prosecutions: Admn 3 Jul 2003

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

Gul (H) v Regina: CACD 31 Jul 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 . .