The public right of navigation (PRN) is a right to public use of the river. The river may be used by the public for purposes of exercise and recreation as well as transport and commerce. At common law PRN cannot be lost by lack of use over time. ‘A public right of way on highways … Continue reading Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976
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
The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003
The regulations required drivers to keep tachograph records only for one week, and permitted them to retain them longer. It was not possible therefore to conclude that the employer had failed to institute an adequate system of supervision to ensure that drivers were not speeding by checking records only every three weeks. Citations: Times 15-Mar-2001 … Continue reading Yorkshire Traction Co Ltd v Vehicle Inspectorate: QBD 15 Mar 2001
The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict.’ Photographs had been taken of … Continue reading Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002: CACD 14 Oct 2002
Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a grant of bail unless there are good reasons to refuse. The approach therefore … Continue reading Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005
Protesters handed out leaflets and carried posters outside the plaintiff’s estate agency. He claimed in trespass over the public footpath outside his premises. The defendants appealed the grant of an interlocutory injunction to prevent their demonstrations. Held: The injunction was upheld. The question of rights to use the highway was irrelevant; the court was concerned … Continue reading Hubbard v Pitt: CA 1976
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
A judge is to give the jury a full Turnbull warning on identification evidence if identity is disputed. The defendant was at the scene, but denied his involvement. Citations: Ind Summary 04-Jul-1994, Ind Summary 22-Aug-1994, Times 02-Jun-1994 Jurisdiction: England and Wales Citing: Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976 The defendants appealed … Continue reading Regina v Thornton: CACD 2 Jun 1994
The court asked whether proceedings under s99 were civil or criminal. Held: ‘the proper interpretation of this section [section 99] leads to the conclusion that the individual can by information invoke section 94′ The offence was under s94 initiated by complaint under s99. Section 99 enabled an individual to bring proceedings by information in a … Continue reading Regina v Newham Justices, ex parte Hunt etc: CA 1976
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant whose evidence had contained many demonstrable lies. Held: Longmore LJ said: ‘the Crown does have obligations in respect of material in the hands … Continue reading Regina v Alibhai and Others: CACD 30 Mar 2004
The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003
The prosecution had requested the magistrates to impose on the defendant as a condition of his bail, a requirement that when so requested by a police officer checking that he was at home and otherwise complying with the bail condition, he should come to door. Held: The ‘doorstep’ condition was validly imposed. The Act gave … Continue reading Regina (Crown Prosecution Service) v Chorley Justices: Admn 9 Oct 2002
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
Subject to a judge’s discretion to order separate trials in the interests of justice, there are powerful public reasons why joint offences should be tried jointly. Judges: Lord Widgery LCJ Citations: (1976) 64 Cr App R 172 Jurisdiction: England and Wales Cited by: Cited – Regina v Hayter HL 3-Feb-2005 The House considered the principle … Continue reading Regina v Lake: CACD 1976
In the course of the defendant’s trial issues of identification arose. The defendant appealed. Held: The judge failed to draw to the attention of the jury any specific weaknesses in the identification evidence as required in Turnbull. It was a specific requirement in even the shortest trial where an issue as to identification arose. The … Continue reading Regina v Stanton: CACD 10 Mar 2004
In a difficult case, the judge asked for the assistance of counsel in the absence of the jury, but declined assistance in connection with his proposed Turnbull direction. That direction was then said to be defective. Held: A wise judge makes it clear that he welcomes assistance from counsel, and it was counsel’s duty to … Continue reading Regina v Haynes: CACD 2 Feb 2004
The plaintiffs alleged breach of copyright case involving music and sought to have admitted in evidence similar fact evidence showing that the defendants had published music resembling material protected by copyright in the past. The defendant apealed. Held: Lord Denning MR said: ‘The admissibility of evidence as to ‘similar facts’ has been much considered in … Continue reading Mood Music Publishing Co v De Wolfe Ltd: CA 1976
The court considered whether as the Court of Appeal, it had jurisdiction to hear an appeal against the Divisional Court’s refusal to quash an order estreating a recognisance. Held: It did. Lord Denning MR said that ‘the matter is criminal’ if ‘the matter is one the direct outcome of which may be trial of the … Continue reading Regina v Southampton Justices ex parte Green: CA 1976
A judge of the High Court had committed the barrister appellant to prison for seven days for contempt in the face of the court. The barrister was granted special leave to appeal to the Board against the committal order. Held: Allowing the appeal. The judge had, however inadvertently, failed to serve a fundamental rule of … Continue reading Maharaj v Attorney General for Trinidad and Tobago: PC 11 Oct 1976
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
Single magistrate may deal with applications in breach of bail hearings. Citations: Gazette 13-May-1992 Statutes: Bail Act 1976 7(5) Jurisdiction: England and Wales Criminal Practice Updated: 28 April 2022; Ref: scu.87200
Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
The defendants appealed against their convictions for murder. Evidence had been admitted as to the identification of a car from a memory of the registration mark by a witness. Held: The evidence was properly admitted without a Turnbull direction: ‘ No recognised basis exists for suggesting that this type of evidence needs to be approached … Continue reading Hampton and Another v The Crown: CACD 30 Jul 2004
The defendant appealed by case stated against his conviction under the 1988 Act of possessing a bladed article in a public place. He had been found in the forecourt of a hostel by the police seeking to re-enter after being excluded. He said that it was not a public place. Held: The appeal succeeded. Sedley … Continue reading Harriot v Director of Public Prosecutions: Admn 4 May 2005
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
The defendant appealed against his conviction for sexual and common assault. He objected as to the use of bad character evidence, and the rejection of his no case to answer submission. The evidence was primarily by identification where the descriptions were inconsistent and there had been delay. Held: The appeal succeeded. The judge had failed, … Continue reading Regina v Holmes: CACD 14 Mar 2014
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a Divisional Court. The Court of Appeal held that they had no jurisdiction to entertain … Continue reading Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943
The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered into corrupt agreemets to boost sales, sweetener payments being said to have been made by their agents. They complained that … Continue reading Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014
The defendant took a cocktail of drink and drugs and, whilst intoxicated, assaulted pub landlord. He said that he did not know what he was doing, and had no mens rea, that self-induced intoxication could be a defence to a charge of assault, and that the judge had misdirected the jury on the issue. Held: … Continue reading Director of Public Prosecutions v Majewski: HL 1976
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His family asserted that the prison authorities had failed to protect his … Continue reading Edwards v The United Kingdom: ECHR 14 Mar 2002
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The defendants appealed against their convictions which had been based upon evidence of visual identification. Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of the special need for caution before convicting the accused in reliance upon the correctness of identification. No special form … Continue reading Regina v Turnbull and Another etc: CCA 9 Jun 1976
Renewed application for leave to appeal against convictions for robbery. The defendant complained as to the unreliability of identification evidence, and as to a note passed by the jury to the judge indicating the use by the jury of the specialist forensic knowledge of a member. Held: Leave was refused. There was no error as … Continue reading Weir and Another, Regina v: CANI 14 Jan 2013
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the restriction on compensation under the 1983 Act contravened the ECHR. Held: The detention was … Continue reading TTM v London Borough of Hackney and Others: CA 14 Jan 2011
Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944
Deception as to identity did not undermine consent The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape. Held: Her claim failed. Case law suggested that no prosecution had … Continue reading Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with attempting to pervert the course of justice. Held: A threat or promise made to a witness … Continue reading Regina v Kellett: CACD 1976
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
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A managing director having sole control of a publishing company was liable as a principal for disclosure by his newspaper of the name of a rape complainant. Citations: Gazette 29-Apr-1998 Statutes: Criminal Justice Act 1976 4 Media Updated: 18 May 2022; Ref: scu.78686
Managing director having sole control of publishing company was liable as principal for disclosure by newspaper of name of rape complainant. Citations: Times 26-Mar-1998 Statutes: Criminal Justice Act 1976 4 Media Updated: 18 May 2022; Ref: scu.78698
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post. Held: The provocation direction was requested, and there was evbidence to support it as a possibility. It could have been given … Continue reading Van Dongen and Another, Regina v: CACD 5 Jul 2005
The two appellants were among four convicted of robbery. Imran complained that the police had not disclosed the existence of CCTV coverage before the interview, and Hussain that a copy of the surveillance tape had been given to the jury after retirement. Held: Leave to appeal was refused. As to any obligation on the police … Continue reading Regina v Imran, Hussain: CACD 9 Jun 1997
A witness by the name of Hughes said that he was overtaken at considerable speed by a Renault 25 with a registration number beginning C7. Held: The peculiar risks of mistaken facial identification do not apply to the same extent to evidence of sightings of other objects, such as a motor car.Glidewell LJ said: ‘Mr. … Continue reading Regina v Browning: CACD 1991
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The defendant appealed against his conviction for assault saying that he was so intoxicated on drink and drugs at the time that he did not have mens rea. Held: The appeal failed. The court certified a question for the House of Lords namely: ‘Whether a defendant may properly be convicted of assault notwithstanding that, by … Continue reading Director of Public Prosecutions v Majewski: CACD 1975
Each applicant having been convicted of indecent assaults involving children, now appealed an order banning them from working with children. Held: The orders were not penalties within article 7. The order was available in the absence of a conviction, and it was intended as a preventive measure rather than a punitive one. The section could … Continue reading Regina v Field (Brian John); Regina v Young (Alfred): CACD 12 Dec 2002
The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. What gives rise to this instinctive revulsion? The answer can only be our … Continue reading Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the … Continue reading Regina v Perrin: CACD 22 Mar 2002
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served. Held: The defendants were entitled to a direction. If the time for varying the order under s155 of the 2000 Act had passed, an … Continue reading Norman and Others, Regina v: CACD 20 Jul 2006
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Conviction withoiut required Consent was Unsafe Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained. Held: The appellant’s arguments were well-founded and his conviction on count 5 could not be regarded as safe: ‘as a matter of … Continue reading Lalchan, Regina v: CACD 27 May 2022
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
PC (Belize) A witness identified the accused only making the link between the man he knew as R and the accused as the result of an improper leading question by prosecuting counsel. There had been no identification parade as required under Belize law and the judge should have ‘warn[ed] the jury of the dangers of … Continue reading Aurelio Pop v The Queen: PC 22 May 2003
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the identification evidence. However the judge’s notes had been lost, and there remained no direct evidence as to the form of any misdirection. … Continue reading Bertrand Roberts and Roland Roberts v The State: PC 15 Jan 2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002
The fact that a crime for which extradition was sought was extra-territorial one to the country making the request, was not enough to counter the application. The schedule required the person to be ‘accused or have been convicted of an extradition crime committed within the jurisdiction of any foreign state’ The reference to jurisdiction was … Continue reading In Re Khalid Al-Fawwaz (Application for a Writ of Habeas Corpus) (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 17 Dec 2001
The defendants appealed convictions for robbery, disputing the admission of police and identification evidence. There had been several failures to comply with the codes of practice, including the failure to hold an identity parade when so requested, and where identification evidence was at issue. Forbes required the judge to be explicit in warning the jury … Continue reading Regina v Charles: CACD 19 Jul 2001
The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand. Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise spent on remand should count against the sentence. If there was any … Continue reading Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the respondents as owners of the rockface and wall and simply required them to … Continue reading Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997
Court to make use of control over sex offenders in appropriate cases by the use of extended licences. Citations: Times 22-Oct-1996, [1996] EWCA Crim 668, [1997] 1 Cr App R (S) 399 Statutes: Criminal Justice Act 1991 44 Jurisdiction: England and Wales Cited by: Cited – Regina v R (Sentencing: Extended licences) CACD 25-Jul-2003 The … Continue reading Regina v Hodgson: CACD 27 Jun 1996
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
(Court of Appeal of Trinidad and Tobago) The court gave guidance on the need to give proper directions on identification evidence to accord with Turnbull: ‘We are concerned about the repeated failures of trial judges to instruct juries properly on the Turnbull principles when they deal with the issue of identification. Great care should be … Continue reading Fuller v State: 1995
The defendant sought legal aid to defend an action to abate a statutory nuisance under the 1936 Act. Held: Such an action was criminal in nature. The action had been brought under section 99, but the imposition of a penalty under s94 was a criminal sentence. ‘On analysis, the position seem to be that proceedings … Continue reading Regina v Inner London Crown Court ex parte Bentham: QBD 1989
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003
Where an identification depends upon the recognition by the witness of a person or persons previously known to him, the jury should be reminded that there is remains a risk for mistake in such cases. Many people have experienced thinking that they had seen someone in the street whom they knew, only to discover that … Continue reading Regina v Bentley: CACD 1991
An offence arose under the 1936 Act when a complaint was brought by an aggrieved person. A person was entitled to make a complaint under section 94 without first serving an abatement notice. Judges: Lord Griffiths Citations: [1990] 3 All ER 385, [1990] 1 WLR 1350 Statutes: Public Health Act 1936 94 Jurisdiction: England and … Continue reading Sandwell Metropolitan Borough Council v Bujok: HL 1990
It was quite unnecessary for a trial judge faced with issues about the quality or probative value of identification evidence to hold a trial-within-a-trial. The normal procedure was that laid down in Turnbull, where the court ‘made it abundantly clear that, where evidence of identification is such that it would be unsafe for a jury … Continue reading Regina v Flemming: CACD 1986
The accused, who was charged with robbery, had been identified by three witnesses in different places on different occasions but each had only a momentary opportunity for observation. Immediately after the robbery the accused had left his home and could not be found by the police. When later he was seen by them he claimed … Continue reading Regina v Long: CACD 1973
The applicant renewed his application for leave to appeal, which had been refused by the single judge. He instructed solicitors who wrote to the court to advise that they intended to instruct Counsel on the renewed application. Due to an administrative error the renewed application was listed, heard and dismissed on 14 June 1976 without … Continue reading Regina v Daniel: CACD 1977
The Court found that it had jurisdiction to entertain an appeal against the Divisional Court’s upholding of a decision that the Director of Public Prosecutions could freely remove exhibits, lodged in the Crown Court in criminal proceedings against the applicant, in order to return them to the Republic of Ireland, to enable them to be … Continue reading Regina v Lambeth Metropolitan Stipendiary Magistrate ex parte McComb: CA 1983
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996
Challenge by a surety to an estreatment of his recognizance was not a matter relating to a trial on indictment for the purpose of section 29(3) because it did not affect the conduct of the trial. A sensible legislative purpose can be seen for excluding appeal or judicial review of any decision affecting the conduct … Continue reading In re Smalley: HL 1985
(Canadian Supreme Court) After they had been drinking heavily together, Mr Hebert, who owned a muscle car, allowed Mr Hall to drive it, including initially to give it a rolling start down a road on one side of which there was a steep slope. The car careered down the slope and Mr Hall was seriously … Continue reading Hall v Hebert: 29 Apr 1993