Application under section 36 of the Criminal Justice Act 1988 by Her Majesty’s Attorney General for leave to refer a sentence to this court because it appears to him to be unduly lenient. Conviction for grievous bodily harm and sentence of five years and five months, Citations: [2006] EWCA Crim 228 Links: Bailii Jurisdiction: England … Continue reading Reference 99 of 2005 By the Attorney General, Re S.36 Criminal Justice Act 1988: CACD 15 Feb 2006
Request for certificate of inadequacy Judges: Mr Justice Murray Citations: [2020] EWHC 923 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 83 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 November 2022; Ref: scu.650116
Judges: Pepperall J Citations: [2019] EWHC 2683 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Practice Updated: 05 November 2022; Ref: scu.642707
The court of appeal may not hear an appeal against a refusal to hear a case in camera. This was a matter for the judge’s discretion. Citations: Gazette 08-Mar-1995, Times 31-Dec-1994 Statutes: Criminal Justice Act 1989 159(1)(b) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87665
The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually … Continue reading Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999
Citations: [2004] EWHC 621 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice, Costs Updated: 28 July 2022; Ref: scu.195126
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
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
Judges: The Honourable Mr Justice Stanley Burton Citations: [2001] EWHC Admin 606 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Crime Updated: 01 June 2022; Ref: scu.159897
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
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
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
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
The applicant sought a Certificate of Inadequacy as regards an unsatisfield confiscation order of andpound;750,000. Nicola Davies J [2014] EWHC 2639 (Admin) Bailii Criminal Justice Act 1988 83 Criminal Sentencing Updated: 20 December 2021; Ref: scu.535675
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
There had been a prolonged discussion, ranging over a wide field in the judge’s room: ‘Since we regard the discussion in the judge’s room as the source of all the subsequent entanglements, some general observations on the practice of meeting the judge in his private room may be appropriate. A first principle of criminal law … Continue reading Regina v Harper-Taylor and Bakker: CA 19 Feb 1988
The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their refusal. Held: The onus was on the accused to show, to a civil standard that a fair trial could not now … Continue reading Regina v Telford Justices, ex parte Badhan: CACD 1991
The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the … Continue reading Regina v Evesham Justices, ex parte McDonnagh: QBD 1988
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that the victim did not have sufficient understanding to take the oath by reason … Continue reading Regina v Walsall Justices, ex parte W (a minor): QBD 1990
A High Court judge had given leave to prefer a voluntary bill against the appellant, who was arraigned on six counts in the voluntary bill. He pleaded not guilty, was convicted on four counts and was sentenced. Relying on section 2 of the 1933 Act, he appealed saying that the voluntary bill had never been … Continue reading Regina v Morais: CACD 1988
The court was asked whether a grapefruit knife was a knife within section 141A. The magistrates were not satisfied beyond reasonable doubt that the article was a knife because it had a curved blade designed specifically for a single use and because it was distinct or different from a usual straight bladed instrument that in … Continue reading Royal Borough of Windsor and Maidenhead, Regina (on The Application of) v The East Berkshire Justices: Admn 21 Oct 2010
Claim for Judicial Review of a decision of the Secretary of State for Justice that the Claimant was not entitled to compensation for a miscarriage of justice, under s.133(1) of the Criminal Justice Act 1988. Citations: [2009] EWHC 156 (Admin) Links: Bailii Jurisdiction: England and Wales Administrative Updated: 21 August 2022; Ref: scu.420985
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 refused the approaches of a police informer over the course of six months, and that he … Continue reading Regina v Mack: 15 Dec 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
Application for variation of criminal restraint order. Judges: Beatson J Citations: [2008] EWHC 3375 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice Updated: 04 August 2022; Ref: scu.293965
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009
In view of the new categories of people may be called to jury service, the court gave amended guidelines on principles allowing excusal. The new categories might have greater responsibilities by way of public service commitments. Applications for excusal must be dealt with with common sense. Directions were also given for situations arising where jurors … Continue reading Practice Direction (Jury Service: Excusal): SC 22 Mar 2005
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
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
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
The Magistrates committed the defendant to the Crown Court for sentence. In addition to other sentences the Crown Court imposed a confiscation order. The defendant succeeded in an appeal to the Court of Appeal, and the Crown now appealed. Held: The Crown Court had full power to make such an order. There had been no … Continue reading Regina v Pope (Criminal): HL 20 Jun 2002
(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
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
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
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
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
Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light. Lord Lane CJ considered the feasibility of re-opening an appeal: ‘So there is nothing there on the face of … Continue reading Regina v Pinfold: CACD 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
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
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
Compensation orders made in enforcement proceedings are criminal. They should attract legal aid. Citations: Times 23-Feb-1995 Statutes: Legal Aid Act 1988 19-5 Legal Aid Updated: 10 April 2022; Ref: scu.87608
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
Appeal against refusal of compensation for miscarriage of justice. Sweeney J [2015] EWHC 2899 (Admin) Bailii Criminal Justice Act 1988 133 Criminal Practice, Torts – Other Updated: 05 January 2022; Ref: scu.553788
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
The two claimants had had their convictions reversed on appeal, and now sought judicial review of the refusal of compensation under the 1988 Act. Sharp LJ, Blake J [2015] EWHC 2383 (Admin) Bailii Criminal Justice Act 1988 133 England and Wales Criminal Practice Updated: 03 January 2022; Ref: scu.551068
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019
The 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
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
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
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
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
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
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
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
A defendant to a charge brought under a byelaw is entitled to raise the question of the validity of that byelaw in criminal proceedings before magistrates or the Crown Court, by way of defence. There was nothing in the statutory basis of the . .
The Claimant challenges the Defendant’s refusal to pay him compensation under section 133 (as amended) of the Criminal Justice Act 1988 in the circumstances described below. . .
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
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 . .
There was an issue whether or not the purchase by the plaintiff of a second-hand car was made ‘in the course of a business’ so as to preclude the plaintiff from relying upon the provisions of the 1977 Act.
Held: Speaking of Lord Keith’s . .
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Two applications for a certificate of inadequacy pursuant to section 83 of the Criminal Justice Act 1988. . .
appeal by way of Case Stated – convicted of three offences of assault by beating, contrary to s.39 of the Criminal Justice Act 1988. The assaults were alleged to have been committed during the course of two incidents on (when the Appellant was aged . .
Appeal from sentence of offence of having an article with a blade or point, contrary to section 139 of the Criminal Justice Act 1988. . .
Application by Her Majesty’s Attorney General under section 36 of the Criminal Justice Act 1988 for leave to refer to this court a sentence which he considers to be unduly lenient. . .
Solicitor General’s application for leave to refer the sentence in this case to the court pursuant to section 36 of the Criminal Justice Act 1988 on the grounds that it is unduly lenient. . .
Application by the Attorney General pursuant to section 36 of the Criminal Justice Act 1988 for leave to refer the offender’s sentence to this court on the ground that it was unduly lenient. . .
The appellant was to be tried at the Crown court, facing one either way offence and other summary offences. The indictable offence was withdrawn. He now said that the Crown Court had not had jurisdiction to proceed. Held: Once an indictment was correctly preferred and signed, it remain valid. Judges: McCombe LJ, Griffith Williams J, … Continue reading Lewis, Regina v: CACD 5 Dec 2013
Application on behalf of the Attorney General for leave to make a Reference to this Court, under section 36 of the Criminal Justice Act 1988 (‘the 1988 Act’), on the ground that the sentence was unduly lenient. Citations: [2021] EWCA Crim 537 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 09 December 2022; Ref: … Continue reading Ferreira, Regina v: CACD 18 Mar 2021
Application for a writ of habeas corpus, made by Mr Brady, who is detained in custody by virtue of a purported use of powers under section 152 of the Criminal Justice Act 1988. Citations: [2001] EWHC 422 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 152 Jurisdiction: England and Wales Customs and Excise Updated: 06 … Continue reading Brady v Customs and Excise: Admn 7 Jun 2001
Prosecutor’s appeal – whether funds paid into bank accounts represented proceeds of advanced fee frauds. Citations: [2007] EWHC 1304 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002, Criminal Justice Act 1988 Jurisdiction: England and Wales Crime Updated: 06 December 2022; Ref: scu.253665
Following his conviction for false accounting, a confiscation order was made against the defendant. After agreeing various adjournments the prosecutor said that the magistrates court had no power to allow such an adjournment under section 75(2) of the 1980 Act, because section 75(2)(a) of the 1988 Act did not allow magistrates to remit any part … Continue reading Crown Prosecution Service v Greenacre: Admn 3 Apr 2007
The BBC sought leave to appeal against an order following the conviction by a jury of the defendant on drugs charges and his pleas of guilty on the counts of various types of fraudulent activity. The judge’s order, made under section 4(2) of the Contempt of Court Act 1981 prohibited the reporting of any of … Continue reading Lees, Regina v: CANI 6 Apr 2001
Interesting and difficult question in an arcane field at the intersection of the old equitable remedy of receivership and the modern procedures of the Criminal Justice Act 1988 designed to combat serious crime. The problem in a nutshell is this: if a receiver is appointed under that Act to receive and manage a defendant’s property … Continue reading In re Andrews: CA 25 Feb 1999
Citations: [2006] EWCA Crim 605 Links: Bailii Statutes: Criminal Justice Act 1988 Part VI Jurisdiction: England and Wales Citing: See Also – In Re Glatt Admn 2002 If on an application made in respect of a confiscation order by the defendant the High Court is satisfied that the realisable property is inadequate for the payment … Continue reading Glatt, Regina v: CACD 17 Mar 2006
The money laundering regulations create a conflict between private rights and criminal provisions, particularly the restriction on information which might prejudice an investigation may be under way. Conflicts were resolved by guidance from NCIS. The court set out a procedure to be followed where compliance with an order for disclosure of information in civil proceedings … Continue reading C v S and Others (Money Laundering: Discovery of Documents): CA 3 Oct 1998
Renewed application for leave to appeal against a sentence of imprisonment of 20 months imposed upon the applicant’s plea of guilty to a charge of having an article with a blade or point contrary to s.139(1) of the Criminal Justice Act 1988. Citations: [2020] EWCA Crim 601 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing … Continue reading Brosch, Regina v: CACD 7 Apr 2020
From failure to make compensation orders Judges: Lord Justice Hooper Citations: [2006] EWCA Crim 796 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 24 November 2022; Ref: scu.240365
The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller additional image for each original. Though the thumbnail images were no longer accessible without the original, they remained on the … Continue reading Porter, Regina v: CACD 16 Mar 2006
The court considered the power to increase a sentence of committal for contempt of court: ‘Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power which must be used sparingly. The sort of circumstances in which it could … Continue reading Neil v Ryan: CA 23 Jul 1998
Judges: Vice-President of the Court of Appeal (Criminal Division) (Lord Justice Holroyde) Mr Justice Spencer Mrs Justice Hill DBE Citations: [2022] EWCA Crim 1110 Links: Bailii Statutes: Protection of Children Act 1978 1(1), Criminal Justice Act 1988 160(1) Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.682821
Appeal from restraint orders. Citations: [1998] EWCA Civ 1175, [1999] 1 All ER 84 Links: Bailii Statutes: Criminal Justice Act 1988 97 Jurisdiction: England and Wales Citing: See also – Government of the United States of America v Barnette and another Admn 2002 The applicant sought to register, under the Act, an order against the … Continue reading Government of United States of America v Montgomery and Montgomery: CA 8 Jul 1998
The defendant said that he had been threatened in the street and had taken two knives from his attacker. He appealed his conviction saying that the Crown had not shown that he had intended to use the knives offensively. Held: His appeal failed. The 1953 Act applied to any object including items not in themselves … Continue reading Szewczyk, Regina v: CACD 22 Oct 2019
Citations: [1998] EWCA Crim 681 Links: Bailii Statutes: Criminal Justice Act 1988 139 Jurisdiction: England and Wales Crime Updated: 20 November 2022; Ref: scu.465030
A restraint order had been made in respect of the defendant’s assets pending trial. Application was made to release a sum to pay the defendant’s company debts. Held: A payment could be made only where the the realisable value of the property restrained was not reduced. This was not such a case. Judges: David J … Continue reading In re X (Restraint Order: Payment out): QBD 22 Apr 2004
M appealed by way of case stated against the decision convicting him of an offence of an assault by beating, contrary to Section 39 of the Criminal Justice Act 1988. The questions for the opinion of this court were: ‘1. Were we entitled to consider whether the amount of force used by the appellant was … Continue reading Marsh v Director of Public Prosecutions: Admn 6 Mar 2015
Judges: Raffert LJ, Thirlwall, Gilbart JJ Citations: [2012] EWCA Crim 2356 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 November 2022; Ref: scu.465626
Courts are to use written witness statements where the witness refuses to give oral evidence for fear. Citations: Times 31-Oct-1996 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Criminal Evidence Updated: 01 November 2022; Ref: scu.86874
Judges: Mr Justice Collins Citations: [2015] EWHC 538 (Admin), [2015] Lloyds Rep FC 343 Links: Bailii Statutes: Criminal Justice Act 1988 89 Jurisdiction: England and Wales VAT Updated: 01 November 2022; Ref: scu.544233
The defendant was made subject to a confiscation order. He appealed on the basis that the court had left two alternatives versions to the jury, and that it should therefore, when making such an order, take the version most favourable to the defendant. Held: There was no such obligation. The rule in Efionayi applied only … Continue reading Regina v Threapleton: CACD 19 Dec 2001
The defendants were suspected of substantial frauds by evading excise duty on alcohol. They now appealed against the appointment of a receiver. Judges: Ros, Aldous LJJ, Sir Iain Glidewell Citations: [1996] EWCA Civ 1351, [1996] 2 BCLC 500, [1996] 2 All ER 391 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Customs … Continue reading HM Customs and Excise v Hare and Others: CA 16 Feb 1996
Consecutive sentences are appropriate for the supply of drugs causing severe injury. Citations: Times 22-May-1995 Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 October 2022; Ref: scu.87005
Company assets were not to be taken in criminal cases where not charged, unless the company had been used to cloak criminal activity. Citations: Times 29-Feb-1996 Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice Updated: 27 October 2022; Ref: scu.81235
Application by HM Solicitor General to refer to this court a sentence passed on the offender, under section 36 of the Criminal Justice Act 1988 as being unduly lenient. Judges: Lord Justice Simon Mrs Justice Mcgowan DBE Mr Justice Freedman Citations: [2019] EWCA Crim 1602 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 27 … Continue reading Qoraishi, Regina v: CACD 6 Sep 2019
A cyclist stopped by the police had a knife in an inside pocket. He claimed to have taken it from home and then forgotten about it. He was advised that for the purposes of the section neither forgetfulness nor the fact that he was transporting the knife from one private property to another could amount … Continue reading Regina v Hargreaves: CACD 30 Jul 1999
Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention Citations: Times 24-Jul-1998 Statutes: Criminal Justice Act 1988 23 24 825 26 Jurisdiction: England and Wales Human Rights Updated: 25 October … Continue reading Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998
The court of appeal had no jurisdiction to hear an application by the Attorney General to review what he considered an unduly lenient sentence on a youth of sixteen convicted of rape. The offence is for the purposes of the Act only triable at the Crown Court, and is not subject to review. Citations: Times … Continue reading Regina v W: CACD 16 Mar 1993
The offence of attempted child-abduction is an offence of assault or threat of injury, and so the evidence in chief of the child complainant could be given by video recording, and any cross examination be done by live television link. Citations: Gazette 03-Feb-1999, Times 28-Dec-1998 Statutes: Child Abduction Act 1984 2, Criminal Justice Act 1988 … Continue reading Regina v McAndrew-Bingham: CACD 28 Dec 1998
