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 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
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 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 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 . .
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 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. . .
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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
Citations: [2004] EWHC 2990 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 29(1)(b) Jurisdiction: England and Wales Crime Updated: 14 June 2022; Ref: scu.220669
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
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 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
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’ 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
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
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
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
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
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 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 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 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
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 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 . .
The council appealed the refusal of the magistrates to grant an interim Anti-Social Behaviour Order (ASBO) without notice. The magistrates clerk had said that there had been no violence, and no further incident after the police had given a warning. . .
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
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 . .
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 . .
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. . .
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 . .
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 . .
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 . .
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 . .
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 . .
The prosecutor appealed from the magistrates’ acquittal of the defendant, who was of Asian origin, and who had assaulted the victim, also of Asian origin, calling him a ‘white man’s arse-licker’ and a ‘brown Englishman’.
Held: This did not . .
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant.
Held: . .
Breach of anti-social behaviour order order not to commit any criminal offence. . .
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 . .
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 . .
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 . .
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 . .
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 . .
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of . .
