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
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
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
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 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 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
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
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
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
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 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
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
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
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
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
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 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
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
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder. Held: The evidence though mistaken was given in good faith and the penalty was disproportionate and was set aside. The evidence which had … Continue reading Meadow v General Medical Council: Admn 17 Feb 2006
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act 1996. Whether on the facts it substituted its own view of the occurrence and quality of misconduct for that … Continue reading Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
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 defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified … Continue reading Wang, Regina v: HL 10 Feb 2005
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004
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
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
The applicant had, as a child been subject to detention during Her Majesty’s pleasure, the sentence being imposed before 30 November 2000. She argued that that sentence should be subject to periodic review despite the term had been fixed by the Lord Chief Justice. Held: New provisions were in place for prisoners convicted after the … Continue reading Smith, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005
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 defendant appealed his convictions for child sex abuse, involving assault, rape and buggery, saying that evidence of a recent complaint by a schoolgirl friend of the complainant which was not consistent with other evidence of the complainant should not have been admitted. Held: Evidence of the mere fact of a complaint may only ever … Continue reading Spooner, Eric Charles v Regina; (Evidence: Sex abuse): CACD 25 May 2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry. Held: The court had no power to make an order to allow access for this purpose:’ truth what the Council is doing is to point to deficiencies … Continue reading Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004
(Australia) The Crown could not recover damages for the loss of the services of a police constable as the result of injuries caused by the negligence of a third person. A chief constable was an office held under the Crown, and the usual relationship of master and servant did not apply.Viscount Simonds said: ”And he … Continue reading Attorney-General for New South Wales v Perpetual Trustee Co Ltd: PC 14 Mar 1955
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
The appellant pleaded guilty to an assault with a knife upon a stranger. He had a previous conviction for assault causing severe injury and permanent disfigurement, and two previous convictions for inter alia attempted murder and assault. He had committed the offence libelled while on licence from a sentence imposed for an offence that he … Continue reading O’Neill v Her Majesty’s Advocate: HCJ 9 Mar 1999
The defendant sought a writ of habeas corpus, asserting that the custody time limits in his matter had expired before his trial began. An application to extend the limits had to be made before the limit, and had to show proper conduct of the case. For serious fraud cases, such as this, the trial was … Continue reading Andreas Kanaris v Governor of H M P Pentonville: Admn 17 Jan 2002
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996
The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment. Held: A discretionary life sentence in English law was composed of a punitive element followed by a security element giving … Continue reading Thynne, Wilson and Gunnell v The United Kingdom: ECHR 25 Oct 1990
The defendant complained that he had been tried and convicted in his absence. Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) … Continue reading Colozza v Italy: ECHR 12 Feb 1985
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
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in 1994. He complained that the delay was an abuse, and his appeal succeeded. The prosecutor now … Continue reading Director of Public Prosecutions and others v Tokai and others: PC 12 Jun 1996
Citations: [2001] EWCA Crim 442 Links: Bailii Crime Updated: 31 May 2022; Ref: scu.158747
(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
(Court for Crown Cases Reserved) The defendants were charged with conspiracy to defraud a judgment creditor of the fruits of a judgment by dishonestly backdating a dissolution of their partnership to a date prior to a bill of sale given by Railton to Cox in respect of his assets. The trial judge permitted the prosecution … Continue reading Regina v Cox and Railton: 1884
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997
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 parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, and he disclosed his note of the attendance on the plaintiff to the defendant. The note … Continue reading Goddard v Nationwide Building Society: CA 1986
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
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under the 1983 Act. An internal prison report which contained the substantial record of the … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 Apr 2005
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 defendant was prosecuted after selling hot dogs from a van parked on a busy street in Oxford. The court was asked when such would become an illegal obstruction. Held: Such a use ‘could not . . be said to be incidental to the right to pass and repass along the street.’ Lord Parker CJ … Continue reading Nagy v Weston: QBD 1965
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
The applicant had been sentenced to eight years imprisonment for supplying heroin and released on licence after serving two-thirds of this sentence. He was recalled for breach of the residence conditions of his bail. The Parole Board then considered whether he should be released again and concluded that he should not. He sought to attack … Continue reading Brown v United Kingdom: ECHR 26 Oct 2004
The judge’s discretion to exclude a statement on the ground that its admission would be unfair is a matter of degree, but the first and principal decision is whether the prosecution has proved that it was made voluntarily. The court discussed what would be ‘oppressive’ in questioning by the police, and adopted part of a … Continue reading Regina v Prager: CACD 1972
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
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
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
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998