Click the case name for better results:

Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004

Conspiracy to convert or transfer the proceeds of drug trafficking or of criminal conduct – confiscation order available. The statutory distinction existed between the proceeds of drug trafficking and of crime generally had now been removed, but the conduct here pre-dated the new Act. The offence of conspiracy took place at the time of the … Continue reading Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004

In the Matter of Christopher Adams, In the Matter of the Criminal Justice Act 1988: Admn 26 Nov 2004

The defendant appealed a refusal of a certificate of inadequacy to an amount due under a confiscation order, saying that the court had wrongly allowed for the value of a consultancy agreement under which he was entitled to receive an annual fee for his services. Held: The value of the contract was not realisable property … Continue reading In the Matter of Christopher Adams, In the Matter of the Criminal Justice Act 1988: Admn 26 Nov 2004

Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996

The minimum approriate sentence for an offence of s18 wounding was 4 years. Judges: Lord Bingham Citations: [1996] EWCA Crim 1070, [1997] 1 Cr App R (S) 363 Links: Bailii Statutes: Offences Against the Persons Act 1861 18 Jurisdiction: England and Wales Cited by: Cited – Attorney-General’s Reference No 88 of 2000 CACD 2001 The … Continue reading Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996

In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 2003

The receiver had been appointed under the 1968 Act, to manage the affairs of the defendant on his prosecution for tax fraud. She now sought a declaration as to her personal liability for tax which fell due. She had paid over some andpound;2 million to the court which she had realised. Held: A receiver was … Continue reading In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 2003

Attorney Generals Reference Under Section 36 of The Criminal Justice Act 1988, Kelly and Others v Regina: CACD 30 Jun 2016

Appeal against sentences for conspiracy to rob as too lenient. Held: The starting point for sentencing these offenders, taken from the guidelines applicable at the date of sentencing, in respect of their participation in this conspiracy to rob should be in the range of 6 to 11 years imprisonment, depending on the nature and extent … Continue reading Attorney Generals Reference Under Section 36 of The Criminal Justice Act 1988, Kelly and Others v Regina: CACD 30 Jun 2016

O’Donoghue, Re Criminal Justice Act 1988: Admn 10 Feb 2004

In its definition of realisable property, section 74(1) does not confine it to property held when the confiscation order was made. [2004] EWHC 176 (Admin) Bailii Criminal Justice Act 1988 74(1) England and Wales Cited by: Cited – In the Matter of Christopher Adams, In the Matter of the Criminal Justice Act 1988 Admn 26-Nov-2004 … Continue reading O’Donoghue, Re Criminal Justice Act 1988: Admn 10 Feb 2004

Re Stannard In The Matter of The Criminal Justice Act 1988: Admn 5 May 2015

The defendant, a former barrister appealed against the confiscation order made on his conviction for defrauding the revenue, and the orders made consequent upon his default. Held: The application was dismissed. It was entirely misguided and without merit. The defendant was out of the jurisdiction and was subject to a warrant for his arrest. He … Continue reading Re Stannard In The Matter of The Criminal Justice Act 1988: Admn 5 May 2015

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

Andukwa, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Nov 2014

The principal, although not only, issue raised in these judicial review proceedings is by reference to the application of s.133 of the 1988 Act to the circumstances of this case: in particular, and putting it in a short-hand way, whether the late appreciation that the applicant all along had a potentially complete defence to the … Continue reading Andukwa, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Nov 2014

S Buxoo and Another v The Queen (Mauritius): PC 19 May 1988

(Mauritius) Mauritius had passed an Act extending rights of Appeal. The Board considered and confirmed that it does not sit as a court of criminal appeal. In order to interfere, there must be something so irregular or so outrageous as to shake the very basis of justice. The Badry case guidelines will continue to be … Continue reading S Buxoo and Another v The Queen (Mauritius): PC 19 May 1988

Morgentaler v Regina: 28 Jan 1988

Supreme Court of Canada – Constitutional law — Charter of Rights — Life, liberty and security of the person — Fundamental justice — Abortion — Criminal Code prohibiting abortion except where life or health of woman endangered — Whether or not abortion provisions infringe right to life, liberty and security of the person — If … Continue reading Morgentaler v Regina: 28 Jan 1988

HM Advocate v Ashrif: 1988

The accused had sought to recover the previous convictions of the complainant not from the prosecution, but from the Scottish Criminal Record Office. Held: The appeal court came down firmly against permitting defence agents to recover the previous convictions of Crown witnesses: ‘In my opinion, there are very sound reasons why a diligence in these … Continue reading HM Advocate v Ashrif: 1988

TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

The Court considered the following question: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; in particular does it include someone who acts otherwise than in a private and individual capacity for or on behalf of an organisation or body which … Continue reading TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

Regina v Acton Justices ex parte McMullen and others: CACD 1991

Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. Citations: (1991) 92 Cr App R 98 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina … Continue reading Regina v Acton Justices ex parte McMullen and others: CACD 1991

Murray v United States: 27 Jun 1988

USSC While surveilling petitioner Murray and others suspected of illegal drug activities, federal agents observed both petitioners driving vehicles into, and later out of, a warehouse, and, upon petitioners’ exit, saw that the warehouse contained a tractor-trailer rig bearing a long container.Petitioners later turned over their vehicles to other drivers, who were in turn followed … Continue reading Murray v United States: 27 Jun 1988

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

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

Regina v Snaresbrook Crown Court, ex parte Director of Public Prosecutions: 1988

The defendant was charged with attempting to pervert the course of justice by making a false allegation of assault against the police. It was said that he must have made a false statement in his application for legal aid for the purpose of bringing his civil action for assault. The 1974 Act made it an … Continue reading Regina v Snaresbrook Crown Court, ex parte Director of Public Prosecutions: 1988

Ali and Others, Regina (on The Application of) v Secretary of State for Justice: CA 27 Feb 2014

The court considered the compensation to be awarded after through a miscarriage of justice, a claimant had been imprisoned. Judges: Maurice Kay, Patten, Sharp LJ Citations: [2014] EWCA Civ 194, [2014] 1 WLR 3202, [2014] 2 All ER 1063, [2014] WLR(D) 103 Links: Bailii, WLRD Statutes: Criminal Justice Act 1988 133 Jurisdiction: England and Wales … Continue reading Ali and Others, Regina (on The Application of) v Secretary of State for Justice: CA 27 Feb 2014

Sneddon, Regina (on The Application of) v Secretary of State for Justice: Admn 6 Nov 2015

The claimant had been convicted, and served a prison sentence. His victim later admitted lying and was himself convicted. The claimant’s convictions were quashed. He how sought review of the refusal of the defendant to pay compensation. The defendant had said that the test for a miscarriage of justice, that a ‘new fact’ had conclusively … Continue reading Sneddon, Regina (on The Application of) v Secretary of State for Justice: Admn 6 Nov 2015

The Scottish Criminal Cases Review Commission and Dr Jim Swire and Rev John F Mosey: HCJ 12 Aug 2015

Application for the review of the conviction of (the now deceased) Abdelbaset Ali Mohmed Al Megrahi, who was convicted on 31 January 2001 of the murder of 259 passengers and crew on board PanAm flight PA 103 from London to New York, and 11 residents of Lockerbie on 21 December 1988. Lord Justice Clerk, Lord … Continue reading The Scottish Criminal Cases Review Commission and Dr Jim Swire and Rev John F Mosey: HCJ 12 Aug 2015

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 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

Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice: CA 15 Jul 2008

The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed. Held: The conviction had been based on flawed expert evidence. Article 6(2) had no application to section 133. Hughes LJ [2008] EWCA Civ 808, [2009] 1 Cr App R … Continue reading Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice: CA 15 Jul 2008

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

The claimants had had their criminal convictions quashed, but had had claims for compensation rejected. They said that section 133(1ZA) of the 1988 Act (as amended) infringed their Human Rights by displacing the presumption of innocence. Held: The appeals failed. The Supreme Court had decided that the presumption of innocence had been displaced in such … Continue reading Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

Logicrose Ltd v Southend United Football Club Ltd: CA 5 Feb 1988

The agent required the contractual counterparty to pay a bribe of pounds 70,000 to an offshore account. Held: The bribe was held to be recoverable by the principal whether the principal rescinded or affirmed the contract because it was a secret profit. ‘The remedy is not confined to cases where the agent has taken a … Continue reading Logicrose Ltd v Southend United Football Club Ltd: CA 5 Feb 1988

Regina v Rowbotham and others: 1988

Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied that the accused lacks the means to employ counsel, stay … Continue reading Regina v Rowbotham and others: 1988

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Weeks v The United Kingdom: ECHR 5 Oct 1988

The Court was asked as to the recall to prison of a prisoner who had been released on licence. His recall and subsequent detention were considered by the Board, but under the system then in place it could only make a non-binding recommendation. Recommendations for release had not been acted upon. When the applicant was … Continue reading Weeks v The United Kingdom: ECHR 5 Oct 1988

In re Peters: CA 1988

After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his wife. The Commissioners of Customs and Excise appealed the latter order. Held: … Continue reading In re Peters: CA 1988

Regina v Mack: 15 Dec 1988

Supreme Court of Canada
Appellant testified at his trial for drug trafficking and, at the close of his defence, brought an application for a stay of proceedings on the basis of entrapment. His testimony indicated that he had persistently . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Capewell v Customs and Excise and Another (No 2): CA 29 Jul 2005

The Commissioners had been appointed as receiver of the claimant’s assets. The receivership was later discharged, but should have been discharged earlier, the court had the power not only to calculate the level of remuneration but also who should be responsible for making payment. In this case the commissioner should bear some of the cost. … Continue reading Capewell v Customs and Excise and Another (No 2): CA 29 Jul 2005

J v Crown Prosecution Service: CA 24 Jun 2005

The defendant had been made subject to a criminal restraint order so as to preserve his assets pending the outcome of criminal proceedings. He complained that the order affected property which was not his. Held: Such an order could cover property which he had obtained for the benefit of somebody else. What was required was … Continue reading J v Crown Prosecution Service: CA 24 Jun 2005

Brooker v Director of Public Prosecutions: Admn 12 Apr 2005

Appeal against conviction for having bladed article, being a blunt butter knife without a point. Held: The appeal failed. The section made an unqualified reference to a ‘bladed article’. Davies did not establish that only sharp objects were caught. Judges: Laws LJ, Steel J Citations: [2005] EWHC 1132 (Admin) Links: Bailii Statutes: Criminal Justice Act … Continue reading Brooker v Director of Public Prosecutions: Admn 12 Apr 2005

Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended … Continue reading Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

Sekhon, etc v Regina: CACD 16 Dec 2002

The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002

Regina v Soneji and Bullen: HL 21 Jul 2005

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

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Regina v Cheong Wang: CACD 10 Dec 2003

Judges: Lord Justice Laws, Mr Justice Curtis and The Recorder Of Cardiff Citations: [2003] EWCA Crim 3228 Links: Bailii Statutes: Criminal Justice Act 1988 198(1) Jurisdiction: England and Wales Citing: Appealed to – Wang, Regina v HL 10-Feb-2005 The appellant was waiting for a train when his bag was stolen. After a search, the thief … Continue reading Regina v Cheong Wang: CACD 10 Dec 2003

Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

The court approved guidelines for the appointment and remuneration of a receiver appointed under the 1988 Act. Judges: Lord Justice Laws Lord Justice Longmore Lord Justice Carnwath Citations: [2004] EWCA Civ 1628, [2005] 1 All ER 900, [2004] All ER (D) 29 Links: Bailii Statutes: Criminal Justice Act 1988 77(8) Jurisdiction: England and Wales Citing: … Continue reading Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004

Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be more than reasonable. Held: The magistrates having properly directed themselves according to Palmer, and … Continue reading Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004

Regina v Sakavickas and Another: CACD 3 Nov 2004

The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds. Held: … Continue reading Regina v Sakavickas and Another: CACD 3 Nov 2004

Ahmed and Qureshi v Regina: CACD 28 Oct 2004

The defendants appealed confiscation orders saying that the court had taken account of their interests in the matrimonial home, and that this would prejudice the interest of others. Held: Before the amendment to the section, the court had retained a discretion as to whther or not to include the value of a matrimonial home in … Continue reading Ahmed and Qureshi v Regina: CACD 28 Oct 2004

Magee, Re Application for Statutory Review: QBNI 16 Sep 2004

Judicial review – Criminal Justice Act 1988 – Claim for compensation for miscarriage of justice – claim is alternative under ex parte scheme – whether applicant victim of miscarriage – whether decision of Secretary of State flawed. Citations: [2004] NIQB 57 Links: Bailii Jurisdiction: Northern Ireland Citing: Cited – Regina v Kansal (2) HL 29-Nov-2001 … Continue reading Magee, Re Application for Statutory Review: QBNI 16 Sep 2004

Silvester, Regina v: CACD 6 Nov 2009

This case concerns the making of a confiscation order under the Criminal Justice Act 1988 in circumstances where the victim of the offending has pursued and recovered a civil judgment. Judges: Mackay J, David J Citations: [2009] EWCA Crim 2182 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 21 … Continue reading Silvester, Regina v: CACD 6 Nov 2009

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004

The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004

Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

Ali Sed v Regina: CACD 27 May 2004

The appellant challenged his conviction for attempted rape of an elderly woman. Her evidence had been accepted in written form because she was unable to attend court. Held: Before accepting such evidence the court had to establish that she would have been competent to give evidence had she been able to attend physically. S23 had … Continue reading Ali Sed v Regina: CACD 27 May 2004