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
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
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 claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The … Continue reading Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004
The applicant had been released from prison on licence, but was subject to the use of an electronic tag, because his offence had been one of violence. The tag was removed and the applicant made himself scarce. His licence was revoked. His solicitors made representations about this, but his request was not to be dealt … Continue reading Ahmed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 May 2006
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
Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in … Continue reading Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993
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
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
Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights. Held: Before the 1991 Act, a prisoner was entitled to release after serving the necessary part … Continue reading Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003
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 applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002
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
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
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
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
The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into force, but could not in the interim introduce a scheme which differed radically from … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994
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
The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was quashed for some new fact discovered demonstrating innocence. The claimant victim had been shown later … Continue reading Clibery, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jul 2007
The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates. Held: The simple existence of a voluntary scheme could not create a legitimate expectation of its continuance. For the doctrine to … Continue reading Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008
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 Revenue and Customs Prosecutions Office appealed by way of case stated from a decision of the Crown Court to extend by four months the time limit available to pay a confiscation order made under section 71 of the 1988 Act. The question was whether the Crown Court had jurisdiction to vary or extend the … Continue reading Revenue and Customs Prosecution Service v Kearney: Admn 27 Feb 2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
The 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 claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The 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 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
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
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
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
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 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
The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002
The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds. Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in section 93H(1) ‘an investigation into whether any person has benefited from any criminal conduct’ … Continue reading Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996
Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by … Continue reading Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000
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 appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second appeal was after the police finally revealed evidence supporting the defendants’ defence that the victim had been armed. Held: … Continue reading Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same: Admn 10 Feb 2005
There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001
The court considered the extent to which the defendants in the proceedings can rely on their beliefs as to the unlawfulness of the United Kingdom’s actions in preparing for, declaring, and waging war in Iraq in 2003 in a defence to a charge of criminal damage. Held: International law was to be allowed for in … Continue reading Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service: CACD 21 Jul 2004
The defendant appealed his conviction saying the prosecution had failed to disclose an additional earlier and contradictory statement of a central prosecution witness. Held: The statement was of a witness whose evidence had been relied upon by the court and was startlingly different. The applicant having served his sentnce it would be wrong to order … Continue reading Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997
When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001
An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of the proceeds of criminal conduct could be used also in relation … Continue reading Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998
A magistrate ordering the transfer of a prisoner to Ireland must be satisfied that a sufficiently serious offence was alleged, but strict evidence was not required. As to the 1988 Act, the evidence must at least be admissible. Citations: Times 20-Jan-1998, [1998] EWHC Admin 6, [1998] I Cr App R 14 Links: Bailii Statutes: Backing … Continue reading Regina v Governor of Belmarsh Prison and Another Ex Parte Gilligan: QBD 20 Jan 1998
An appeal under section 159 can be made even after the reporting restriction order has been discharged. Judges: Lord Lane CJ Citations: [1991] 1 WLR 4 Statutes: Criminal Justice Act 1988 159 Jurisdiction: England and Wales Cited by: Cited – Sarker, Regina v CACD 13-Jun-2018 The defendant was to face trial under the 2006 Act. … Continue reading Ex parte Central Independent Television: 1991
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge. Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation application. He was to apply the civil standard of proof. That power was in 71(7A), which … Continue reading Regina v Levin: CACD 29 Jan 2004
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003
A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the customer. Held: This is one of the few … Continue reading Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party): CA 6 Feb 2001
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
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 prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two thirds. Held: Article 7.1 prohibits the imposition of a penalty which is heavier … Continue reading Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004
There was no inherent power to allow a defendant to give evidence by live link, on the ground that Parliament had sought since 1988 to provide exclusively for the circumstances in which live link might be used in a criminal trial. Judges: Lord Justice Laws Eady The Honourable Mr Justice Eady Citations: [2004] 2 Cr … Continue reading Regina on the Application of S v Waltham Forest Youth Court, The Crown Prosecution Service, The Secretary of State for the Home Department: Admn 31 Mar 2004
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987
The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had certified that the defendant was a head of State but the A-G … Continue reading Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
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 plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his … Continue reading Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
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
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003
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
The claimant challenged a decision taken by the Department of Justice not to re-open or reconsider an earlier decision of the Secretary of State taken in 2002 to refuse him compensation under section 133 of the 1988 Act for the compensation of people who spent time in custody following a wrongful conviction. The Department of … Continue reading Magee, Re Judicial Review: QBNI 28 May 2013
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed. Held: There was no substantial criticism of the trial itself, but the procedure under which he had been taken amounted to an abuse of process. … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: CA 20 Dec 2002
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
An order had been made protecting the identity of a defendant who pleaded guilty to possessing indecent images of children. The order was made in the interests of his own children, although they had been neither witnesses in the proceedings against the defendant nor victims of his offence. Held: The Crown Court had no jurisdiction … Continue reading Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc: CACD 1 Feb 2008
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls and was recalled. In considering his application for a further licence he complained that the … Continue reading In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to prevent his seeing some the evidence on which the orders had been made. A … Continue reading Murungaru v Secretary of State for the Home Department and others: CA 12 Sep 2008
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the … Continue reading Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The claimants, whose members would have recourse to the scheme, sought an order that the Act should be … Continue reading Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so. Held: The Order now contained in regulation 26(5) an exhaustive list of the possible reasons for an arrest, and the Code of Practice required the officer to … Continue reading Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
No Breach of Solicitor Client Confidence Allowed B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, B was called … Continue reading Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
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 . .
In exceptional cases, where judicial misconduct had been shown to have contributed to a wrongful conviction, it was proper for the Home Secretary to consider compensation for the defendant, and a policy excluding that as a possibility is unlawful. . .
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 . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
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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
