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
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
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 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 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 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
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
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 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 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
Rejection of Submission of No Case to Answer The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction. Held: Lord Lane LCJ said: ‘How then should the judge approach a submission … Continue reading Regina v Galbraith: CCA 1981
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
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 . .
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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The court considered a claim that the indictment was invalid.
Held: Peter Pain J said: ‘It seems to us that it is impossible for a criminal trial to start without there being a valid indictment to which the defendant can plead, and that the . .
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Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The boat was used in April 1998 on a run to Heligoland to buy cigarettes and to … Continue reading Regina v Smith (David Cadnam): HL 13 Dec 2001
The claimant challenged the calculation of the release date from prison after conviction of MS of the murder of her husband. The AG also argued that the proper appeal was to the Court of Appeal from Northern Ireland and not the Supreme Court. Held: The proceedings did not amount to a ‘criminal cause or matter’ … Continue reading McGuinness, Re Application for Judicial Review (No 2): SC 19 Feb 2020
The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent. Held: The prosecutor’s appeal succeeded. The Galbraith case did not suggest that the judge had the power he … Continue reading N Ltd and Another, Regina v: CACD 10 Jun 2008
The court considered disclosure of a legally privileged note of an interview: ‘I believe that the principle underlying the rule of practice exemplified by Burnell v British Transport Commission is that, where a party is deploying in court material which would otherwise be privileged, the opposite party and the court must have an opportunity of … Continue reading Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978
(Mauritius) The applicant appealed three counts of contempt of court, arising from speeches made by him in the political debate. He had been a minister, but was subject to investigation for fraud. To found a appeal he had to show some blatant or significant disregard or breach of legal process, or injustice. The board do … Continue reading Badry v The Director of Public Prosecutions: PC 15 Nov 1982
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
(Supreme Court of New South Wales) The NSW statute required that an indictment should be signed by any one of a number of persons specified in the section, including a person authorised by the Director of Public Prosecutions to sign indictments, and empowered the DPP by order in writing to authorise persons to sign indictments … Continue reading Regina v Janceski: 18 Aug 2005
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
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
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
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
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
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
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
The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993
(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the administration of justice and national security. It was now accepted that the … Continue reading Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008
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 defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005
Evidence of witness which could only be understood by one individual placed him effectively as interpreter and so his interpretation was admissible. Video recording was admissible as document. Citations: Times 02-May-1998 Statutes: Criminal Justice Act 1988 23(1) Jurisdiction: England and Wales Criminal Evidence Updated: 11 October 2022; Ref: scu.88439
Evidence of witness which could only be understood by one individual placed him effectively as interpreter and so his interpretation was admissible. Video recording was admissible as document Citations: Gazette 20-May-1998 Statutes: Criminal Justice Act 1988 23(1) Jurisdiction: England and Wales Criminal Evidence Updated: 11 October 2022; Ref: scu.86586
A butterfly knife is necessarily a knife designed as a weapon for causing injury. Judicial notice taken. Citations: Times 18-Jul-1997 Statutes: Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (1998 No 2019) Jurisdiction: England and Wales Criminal Evidence Updated: 11 October 2022; Ref: scu.80012
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Written statements can be admissible at trial with the protections given by the section without being supported by oral evidence. An inference of the personal knowledge of the maker of statement is permissible. Citations: Ind Summary 03-Apr-1995, Times 09-Feb-1995, [1995] 2 Cr App R 523 Statutes: Criminal Justice Act 1988 24(1)(ii) Jurisdiction: England and Wales … Continue reading Regina v Foxley: CACD 9 Feb 1995
Recoverability of money from defendant is only one element in confiscation order. Citations: Times 05-Sep-1995 Statutes: Criminal Justice Act 1988 71 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.88192
A witness who claims forgetfulness out of fear may have a written statement admitted. Citations: Times 10-Mar-1997, Times 05-Mar-1997 Statutes: Criminal Justice Act 1988 23(1) 23(3)(b) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.88275
‘threat of injury’ included risk of injury to others not just child witness. Citations: Ind Summary 05-Feb-1996 Statutes: Criminal Justice Act 1988 32(1)(b) 32(2)(a) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.87142
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act 2005. Held: ‘The Divisional Court’s view that the predominant factor in deciding where the interests … Continue reading Loughlin, Re Application for Judicial Review: SC 18 Oct 2017
The court considered how to determine in the context of applications for confiscation orders, the value of the ‘benefit’ obtained by an offender who has been guilty of managing a company as a director in contravention of a director’s disqualification order or an undertaking not to act as a director. Held: The values were to … Continue reading Seager, Regina v; Regina v Blatch: CACD 26 Jun 2009
The defendant appealed her conviction for assisting another to retain the proceeds of crime. The court considered what was meant by ‘suspicion’. Held: For a defendant to be convicted of an offence under section 93A(1)(a) of the 1988 Act, he or she must think that there is a possibility, which is more than fanciful, that … Continue reading Da Silva, Regina v: CACD 11 Jul 2006
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there … Continue reading Regina v M (Witness Statement): CACD 20 Feb 2003
The Crown appealed a decision that a conviction under subsection 2 required proof that the money the disposal of which the defendant was accused to have assisted was in fact the proceeds of drug trafficking. Held: Subsections 1 and 2 were clearly differently worded. Under section 1 it was necessary to prove that the goods … Continue reading Regina v Montilla, Newbury etc: CACD 3 Nov 2003
Where after a conviction, the defendant was allowed an adjournment to provide further information with regards to him having property which was derived from his criminal activity, the time limit for the making of a confiscation order began at the time when the adjournment was made. A later confiscation order made after the six months … Continue reading Regina v Miranda: CACD 15 Feb 2000
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this independent contractor. Held: The appeal was allowed. The Doctor was not employed by the bank … Continue reading Barclays Bank Plc v Various Claimants: SC 1 Apr 2020
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
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 Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review. Judges: Staughton LJ and Buckley J Citations: Times 30-May-1994, Independent 24-May-1994 Statutes: Criminal Justice Act 1988 17(1) 108 … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: QBD 24 May 1994
Adequacy of the judge’s directions as to images deleted from a computer disc. Judges: Lord Judge LCJ, Swift, Cranston JJ Citations: [2008] EWCA Crim 2712, (2008) 172 JP 585 Links: Bailii Statutes: Criminal Justice Act 1988 160(1) Jurisdiction: England and Wales Crime Updated: 26 July 2022; Ref: scu.278291
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the … Continue reading Regina v Perrin: CACD 22 Mar 2002
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
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
Appeal against refusal of certificate of inadequacy. Held: On an application by the defendant under section 17, the High Court should survey the present value of all the defendant’s property, whether acquired before or after the making of the confiscation order. Citations: [2004] EWCA Civ 1800 Links: Bailii Statutes: Criminal Justice Act 1988 83(1) Jurisdiction: … Continue reading In re O’Donoghue: CA 4 Nov 2004
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The defendant appealed against two convictions under the 1988 Act for possession of a bladed article in a public place. She said that whilst riding in a taxi, she had been sexually assaulted. She later collected the knives and went off to find the taxi driver. She had been drinking. She complained of the judge’s … Continue reading Clancy, Regina v: CACD 18 Jan 2012
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
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 court considered the factors to be accounted in a defence of self-defence. Lord Lane LCJ said: ‘If the defendant is proved to have been attacking or retaliating or revenging himself, then he was not truly acting in self-defence. Evidence that the defendant tried to retreat or call off the fight may be a cast-iron … Continue reading Bird, Regina v: CACD 22 Mar 1985
A-G’s appeal against sentence of 15 months Custody Probation following the defendant’s conviction for causing death by careless driving having consumed excess alcohol. Judges: Nicholson LJ. Campbell LJ and Coghlin J Citations: [2006] NICA 39 Links: Bailii Statutes: Criminal Justice Act 1988, Road Traffic (Northern Ireland) Order 1995 14(1)(b) Northern Ireland, Criminal Sentencing Updated: 08 … Continue reading McManus, Regina v: CANI 19 Oct 2006
The defendant appealed his sentence for conspiracy to supply counterfeit drugs. Held: The defendant need only serve the sentence if he failed to pay a penalty which the court had decided he could afford to pay. Appeal dismissed. Judges: Scott Baker LJ, Holland J, Loraine-Smith J Citations: [2006] EWCA Crim 2717 Links: Bailii Statutes: Medicines … Continue reading Valentine v Regina: CACD 10 Nov 2006
Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired. Held: Saik now meant that the requirement was for actual suspicion, not mere reasonable cause for suspicion. However in this … Continue reading Suchedina v Regina; similar: CACD 27 Oct 2006
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he had undertaken. Held: Judicial review proceedings were available if necessary to quash witness summonses issued under … Continue reading Cunliffe, Regina (on the Application of) v West London Magistrates’ Court: Admn 6 Jul 2006
The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006
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 had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses. Held: Referred to the US decision in Barker and Wingo (1972) 407 US 514, invoking the sixth amendment – ‘In all criminal prosecutions, … Continue reading Bell v Director of Public Prosecutions of Jamaica: PC 1985
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006
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
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
The defendants 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
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
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
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
The defendant appealed saying that the court clerk had signed the indictment in the wrong place. Held: The signature had been intended to validate the indictment. The appeal failed. Citations: (1989) 90 Cr App R 450 Statutes: Administration of Justice (Miscellaneous Provisions) Act 1933 1 2, Indictment (Rules) 1971 (1971 No 1253) 4(1) Jurisdiction: England … Continue reading Regina v Laming: CACD 1989
Appeal from conviction for carrying bladed article – judge ruling that not a good reason that he anticipated being attacked again by a particular person. Held: The appeal succeeded: ‘from the authorities already referred to, it could amount to a ‘good reason’ under section 139(4) if the appellant was carrying the knife for his own … Continue reading Mcauley, Regina v: CACD 8 Oct 2009
In a criminal investigation, the police came to suspect that a junior clerk in a barristers’ chambers was intending to give a false alibi. Though the solicitors were innocent of any wrongdoing, the police required their file. The solicitors claimed legal professional privilege. Held: Where there is evidence of specific agreement to pervert the course … Continue reading Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 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
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
The defendant had been convicted of offences of possessing a large number of indecent images of children. Held: In such cases, the prosecution should frame the charges following the classification in R v Oliver, with a small number of representative charges out of each category with a comprehensive charge for the balance. The defence should … Continue reading Thompson v Regina: CACD 26 Mar 2004
The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 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
The appellant appealed against his conviction for having a bladed article in a public place. Police called at his home, and the ensuing struggle came out into the garden where he was arrested. He was later found to have the knife in his pocket. Held: The judge was wrong to treat the garden as a … Continue reading Regina v Roberts: CACD 20 Oct 2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003
The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical … Continue reading Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002
