Provides a lists of Crown Court centres and their associated status for hearing serious fraud cases where cases are to be transferred from other centres. The Direction sets out the centres in full. Citations: Ind Summary 22-Feb-1993 Statutes: Criminal Justice Act 1987 Jurisdiction: England and Wales Criminal Practice Updated: 09 April 2022; Ref: scu.84835
Lists crown court centres outside London which are to have jurisdiction to try complex fraud cases. Citations: Times 13-Nov-1998 Statutes: Criminal Justice Act 1987 5(1) Jurisdiction: England and Wales Criminal Practice Updated: 11 February 2022; Ref: scu.84870
Lists crown court centres outside London which are to have jurisdiction to try complex fraud cases. Times 13-Nov-1998 Criminal Justice Act 1987 5(1) England and Wales Criminal Practice Updated: 24 December 2021; Ref: scu.84870
Citations: [2001] EWCA Crim 442 Links: Bailii Crime Updated: 31 May 2022; Ref: scu.158747
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation. Held: The search warrants were set aside: ‘the fact that one or more suspects have already had an opportunity to collude does not necessarily mean that they should be given a … Continue reading Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another: Admn 31 Jul 2012
The applicant sought leave to appeal refusal of a judicial review of the decision of the respondent with regard to the taxation of his costs under a defendant’s costs order. The review had been refused as out of time and without merit. Held: The Court of Appeal could not hear an appeal from the High … Continue reading Mehmet, Regina (on the Application of) v Clerk To the Justice of Miskin, Cynon Valley and Methyr Tydfill Petty Sessional Divisions: CA 29 Aug 2002
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous. Held: ‘The court agrees with the Commission and the applicant that the clearly stated purpose for which [the] sentence was imposed, taken together with … Continue reading Weeks v The United Kingdom: ECHR 2 Mar 1987
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing his claim below the minimum. The relative scheme sought to award damages on a basis comparable … Continue reading Cantwell v Criminal Injuries Compensation Board: IHCS 9 Feb 2000
The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway. Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction of the highway, the Court rejected the test that a use of the highway which was not incidental to passing along … Continue reading Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987
The purposes of discovery include not only obtaining relevant evidence, but also reducing surprise and promoting fairness by putting parties in an equal position at trial, so that the parties are ‘playing with all the cards face up on the table’ the Master of the Rolls considered that there is ‘a duty of candour resting … Continue reading Naylor v Preston Health Authority: CA 1987
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
Local authority case records and a verbatim extract from the case records which had been exhibited to an affidavit from a social worker had been disclosed. Held: Booth J asked as to the case records: ‘whether the words in the section ‘information relating to proceedings’ should be construed to cover documents which do not themselves … Continue reading In re S (Minors) (Wardship: Police Investigation); Re S (Minors) (Wardship: Disclosure of Material): FD 1987
The police had applied to a judge for an order under the 1984 Act requiring the applicant, a suspect in a fraud investigation, to produce documents falling within the definition of ‘special procedure documents’ under the Act. The applicants sought leave to appeal from a refusal of an order for judicial review of the decision … Continue reading Carr v Atkins: CA 1987
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed. Held: There is no rider in law to the res gestae exception disapplying the exception if better (or … Continue reading Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003
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
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987
Only criminal charges attract the additional protections under article 6(2) and 6(3). Insofar as these provisions apply to ‘everyone charged with a criminal offence’ it is well established in the jurisprudence of the European Court of Human Rights that this concept is co-extensive with the concept of the determination of any criminal charge. As to … Continue reading Lutz v Germany: ECHR 25 Aug 1987
Hudoc Preliminary objection rejected (victim); No violation of Art. 6-2 10300/83, [1987] ECHR 21, (1991) 13 EHRR 360, (1988) 10 EHRR 163 Worldlii, Bailii Human Rights Cited by: Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019 These appeals concern the statutory provisions governing the eligibility for compensation … Continue reading Nolkenbockhoff v Germany: ECHR 25 Aug 1987
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
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-2 10282/83, [1987] ECHR 19, (1991) 13 EHRR 392 Worldlii, Bailii Human Rights Cited by: Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019 These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of … Continue reading Englert v Germany: ECHR 25 Aug 1987
The central issue was whether a block of buildings comprising county assize courts and a police station were liable to income tax under Schedule A. If they had been erected as part of the function of government in the administration of justice, then notwithstanding the fact that they were built by the county and paid … Continue reading Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his release, but that had been overriden by the respondent. had not … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (“The Ikarian Reefer”): 1993
Res Gestae no means of avoiding witness The court should deprecate any attempt to use the res gestae doctrine as a device to avoid calling a witness if he or she were available. The court laid down six tests for the admission of evidence under the res gestae rule.Lord Ackner said: ‘My Lords, may I … Continue reading Regina v Andrews: HL 1987
The defendant was given bail supported by sureties for his attendance. The appellant signed for andpound;1m for his attendance. There was a preparatory hearing at a new court building without cells or a dock. The defendant was present. The surety . .
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″
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
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006
Judges: Lord Justice Davis Mr Justice Foskett Citations: [2015] EWHC 865 (Admin) Links: Bailii Statutes: Criminal Justice Act 1987 2 Jurisdiction: England and Wales Criminal Practice Updated: 04 December 2022; Ref: scu.546991
An appeal is possible against a fraud case-management decision if that decision held a fundamental flaw. Citations: Ind Summary 01-Nov-1993 Statutes: Criminal Justice Act 1987 9(11) Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.88218
A Civil Court cannot stop the Serious Fraud Office using evidence which had been gathered under compulsion during Insolvency interviews under s236. Any element of confidentiality was overriden. Citations: Independent 08-Apr-1993, Gazette 09-Jun-1993 Statutes: Criminal Justice Act 1987 2(8) 3, Insolvency Act 1986 236 Jurisdiction: England and Wales Citing: Appeal from – Re Arrows Ltd … Continue reading Re Arrows Ltd (No 4): CA 8 Apr 1993
Orders made under S.6(4) of Criminal Justice Act, being interim orders of a Crown Court judge, are not appealable. Citations: Times 10-May-1994, Gazette 15-Jun-1994, Ind Summary 13-Jun-1994 Statutes: Criminal Justice Act 1987 7 9(4), 9(11) Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.88053
Prosecution may re-interview witnesses without obtaining leave of judge. The judge has no power to prevent it. Citations: Independent 02-Jul-1993, Times 02-Jul-1993, Gazette 08-Sep-1993 Statutes: Criminal Justice Act 1987 9 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.87404
Citations: No. 94/7352/S2, Unreported, 9 February 1995 Statutes: Criminal Justice Act 1987 9 Jurisdiction: England and Wales Cited by: Cited – H, Regina v Re Interlocutory Application CACD 7-Jul-2006 The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure … Continue reading Regina v Maxwell: CACD 9 Feb 1995
Court of Appeal has no jurisdiction to hear an appeal against a judge’s decision to allow prosecution after tax settlement. Citations: Times 24-Mar-1998 Statutes: Criminal Justice Act 1987 7(1) Jurisdiction: England and Wales Criminal Practice Updated: 23 July 2022; Ref: scu.88231
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003
There was no reasonable excuse for a suspect not answering SFO questions after he had been charged. Citations: Independent 24-Jun-1994 Statutes: Criminal Justice Act 1987 2(13) Jurisdiction: England and Wales Criminal Practice Updated: 21 July 2022; Ref: scu.87327
The Court of Appeal had allowed an appeal from the judge who had directed that the transcripts of examinations of a director of an insolvent company under section 236 on the Director of the Serious Fraud Office undertaking that the transcripts would not be used save in the circumstances specified in section 2(8) of the … Continue reading Re Arrows Ltd No 4: HL 1995
Does section 2 Notice apply extra-territorially Judges: Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Hamblen, Lord Stephens Citations: [2021] UKSC 2 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: Criminal Justice Act 1987 2(3) Jurisdiction: England and Wales Criminal Practice Updated: 14 July 2022; Ref: scu.657730
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
Letters of request. The claimants brought an action for fraudulent misrepresentation. The documents disclosed by the defendants indicated there had been criminal conduct including bribery of the Azeri authorities. The Director of the SFO served notices under section 2 of the CJA 1987 requiring both parties to produce the relevant documents to the SFO. The … Continue reading Marlwood Commercial Inc v Kozeny: CA 25 Jun 2004
The owner of documents should be joined in an application to SFO to disclose documents obtained by them. Judges: Sir Donald Nicholls VC Citations: Gazette 17-Feb-1993 Statutes: Criminal Justice Act 1987 3 4 5 Jurisdiction: England and Wales Cited by: Cited – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004 In 2002 the … Continue reading Morris and Others v Director of SFO and Others: ChD 17 Feb 1993
The Crown Court dismissed charges again the interested party alleging conspiracy to defraud the claimants. Tax-saving crosses the border from lawful to criminal when it involves the deliberate and dishonest making of false statements to the Revenue. The Revenue contended that he had created documents to do that precise thing. Companies with cash assets but … Continue reading Commissioners of Inland Revenue v The Crown Court at Kingston, Robin Wayne John Interested Party: QBD 24 Jul 2001
(CII, Regina v) Whether judge at preparatory hearing could rule against his sitting at any later trial and whether the ruling ought to have been the subject of an interlocutory appeal with a view to saving court time in the trial. Citations: [2009] EWCA Crim 1793, [2009] EWCA Crim B1, [2010] 1 WLR 1125, [2010] … Continue reading I, P, O, I and G, Regina v: CACD 14 Aug 2009
The Home Secretary received a request for assistance in a letter of request from a foreign state, and issued orders requiring information from the applicants. They sought access to the letter. Held: The letter of request is confidential and not itself disclosable. However, justice must also be done for the person the subject of the … Continue reading Regina (Evans and Another) v Director of the Serious Fraud Office: QBD 23 Oct 2002
Private prosecutions had been brought against two retired police officers, D and M, in relation to the Hillsborough disaster; and the Director had refused a request by the officers to take over and discontinue those prosecutions, stating that his policy was to take over a prosecution to discontinue it only where there was clearly no … Continue reading Regina v Director of Public Prosecutions ex parte Duckenfield etc: Admn 31 Mar 1999
No appeal lies against a Crown Court decision not to sever an indictment at a preparatory hearing. As an interlocutory order no appeal lay. Citations: Ind Summary 18-Oct-1993, Ind Summary 06-Sep-1993, Times 29-Oct-1993, (1993) 98 Cr App R 308 Statutes: Criminal Justice Act 1987 7(1) 9(11) Jurisdiction: England and Wales Citing: Cited – In re … Continue reading Regina v Jennings, Regina v Johnson, Regina v Mullins: CACD 6 Sep 1993
There was to be an investigation by the SFO into allegations that some in the pharmaceutical industry were dishonestly increasing the price charged for drugs supplied to the NHS. On 27th March 2002 District Judge Nicholas Evans received written application for warrants. Held: The court considered the statutory requirements applicable to such warrants, and the … Continue reading Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002
The applicant having been cautioned for an offence under the Companies Act 1985, he objected to being required to answer questions put to him in connection with the matter by the Director of the Serious Fraud Office under the 1987 Act. Held: The duty under the Act to answer SFO questions, continues even after the … Continue reading Regina v Director of Serious Fraud Office, ex Parte Smith: HL 15 Jul 1992
During the course of the trial, the prosecutor had inadvertently disclosed to the defence legal team material which had been subject to a public interest immunity certificate. The judge made an order under the 1987 Act that the defence team must not disclose the materials to their clients, nor use it for their defence. Held: … Continue reading Regina v G and Another (PII: Counsel’s duty): CACD 27 May 2004
Serious Fraud Office can still require production of Insolvency Act 1986 interviews taken before charge from the liquidator even after he has been charged.. Citations: Times 27-Apr-1993, Independent 08-Apr-1993 Statutes: Criminal Justice Act 1987 2, Insolvency Act 1986 236 Jurisdiction: England and Wales Criminal Practice, Insolvency Updated: 05 May 2022; Ref: scu.85729
A judge’s ruling as to the scope of an indictment at a preliminary hearing was within the section since it identified issues ‘likely to be material . . to the jury’ Accordingly the judge was determining an issue of law rather than management, and his decision was appealable. The judge had ruled as to the … Continue reading Regina v G and Others: CACD 30 Mar 2001
Application for judicial review of decision to issue a notice for production of documents under section 2. Judges: Gross LJ, Ouseley J Citations: [2018] EWHC 2368 (Admin) Links: Bailii Statutes: Criminal Justice Act 1987 2(3) Jurisdiction: England and Wales Criminal Practice Updated: 27 April 2022; Ref: scu.622275
The claimant asserted that documents generated during investigations by lawyers acting for the defendants were not protected by legal professional privilege. Judges: Andrews DBE J Citations: [2017] EWHC 1017 (QB) Links: Bailii Statutes: Criminal Justice Act 1987 2(3) Jurisdiction: England and Wales Criminal Evidence, Legal Professions Updated: 26 March 2022; Ref: scu.584208
The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure would not form part of the material to be considered in a preparatory hearing as such, there was no right of appeal. Judges: Maurice Kay LJ, Crane, Dobbs JJ … Continue reading H, Regina v Re Interlocutory Application: CACD 7 Jul 2006
The several defendants were convicted of involvement in a conspiracy to fund a very substantial property portfolio by deceiving mortgage lenders. They said that the evidence of an expert witness was biasd and that they had not been allowed to put before the court evidence that she had been criticised for bias elsewhere. Held: The … Continue reading Jones and Others, Regina v: CACD 16 Jul 2014
SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008
The defendants were charged with fraudulent trading. Two defendants sought to exclude the statement of another which had been obtained under compulsion. There was a conflict of interest between the defendants. A question arose as to the power of . .
The defendant applied to stay the proceedings on the grounds that they were an abuse of process.
Held: The application for leave to appeal was rejected. The application to stay was not within the ambit of the preparatory hearing and therefore . .
Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
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
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 sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm … Continue reading Regina v Shanks: CACD 19 Mar 2003
The applicant SR, aged 15, was remanded in custody to a Youth Offenders Institution pending sentence. Had he been a girl, he could not have been so remanded, since no similar provision was available for them. He complained that the law infringed his human rights. It was accepted that he was properly dealt with under … Continue reading Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002
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 sentences of five years for indecent assaults on strangers in public places at night. One was on a girl of 16, and the offences. Were committed within a short time of each other. He had denied the offences despite clear identifications. The sentences were not a moment too long. Citations: [1996] EWCA … Continue reading Regina v Biddle: CACD 24 Oct 1996
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996
A judge’s comments which were intended to undermine defence counsel, and other failings led to the conviction being set aside. Judges: Lord Justice Latham, Mr Justice Andrew Smith and Judge Scott Gall Citations: Times 16-Mar-2009 Jurisdiction: England and Wales Criminal Practice Updated: 15 September 2022; Ref: scu.319876
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The claimant had been driving his lorry. A man jumped in front of a second lorry in an apparent attempt to commit suicide. In a failed attempt to avoid the suicide, the second lorry crashed into the claimant causing catastrophic injuries. The claimant appealed against rejection of his claim for Criminal Injuries Compensation made on … Continue reading Jones v First Tier Tribunal (Social Entitlement Chamber): CA 12 Apr 2011
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
Accessory Liability in Tort The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which the attacks were made, but denied direct involvement in or responsibility for … Continue reading Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
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
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations. Held: The enforcement agency was not prevented from using such information in this way, and was entitled to a declaration accordingly. Judges: Mr Justice Silber … Continue reading Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in the case of the 1988 Act, of crime. The Crown … Continue reading Regina v Montila and Others: HL 25 Nov 2004
Section 402(1)(a) of the 1993 Act has the effect of allowing the Financial Services Authority to bring proceedings for an offence of insider dealing under Part V without first obtaining the consent of the Secrretary of Sate or the DPP.Sir Anthony May PQBD said: ‘In my judgment the structure and content of the 2000 Act … Continue reading Uberoi and Another, Regina (on the Application of) v City of Westminster Magistrates’ Court and others: Admn 2 Dec 2008
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010
The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the Secretary in a position of apparent influence over the approach of the Parole Board in its curial … Continue reading Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006
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
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
The case involved an assault. The crown sought to introduce as evidence a statement made by the defendant’s brother at the scene under the res gestae rule. Held: The circumstances were such as to allow admission of the evidence under the tests laid down in Andrews and Ratten. Citations: [1997] EWCA Crim 731 Jurisdiction: England … Continue reading Regina v Giles: CACD 13 Mar 1997
