Search Results for: Criminal Justice Act 1991 2

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Highton, Regina (on the Application of) v Her Majesty’s Youth Offender Institute Lancaster Farms and Another: Admn 17 Apr 2007

Challenge to calculation of servable sentence term. Judges: Dobbs J Citations: [2007] EWHC 1085 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 181 244, Criminal Justice Act 1991, Criminal Justice Act 2003 (Commencement No 8 and Transitional and Savings Provisions) Order 2005 14 Jurisdiction: England and Wales Cited by: Cited – Noone, Regina (on the … Continue reading Highton, Regina (on the Application of) v Her Majesty’s Youth Offender Institute Lancaster Farms and Another: Admn 17 Apr 2007

Brooke and others v The Parole Board: Admn 7 Sep 2007

The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights. Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under … Continue reading Brooke and others v The Parole Board: Admn 7 Sep 2007

Regina v Horseferry Road Justices ex parte Hillier: Admn 9 Oct 1998

Challenge to conviction based upon evidence as to contents of evidence bags where there was a discontinuity in its custody. Counsel complained that he had been badgered by the stipendiary magistrate into revealing his defence in advance. Held: Though the evidence was conflicting, the court had to proceed on the assumed basis of counsel’s assertions. … Continue reading Regina v Horseferry Road Justices ex parte Hillier: Admn 9 Oct 1998

Regina v Secretary of State for the Home Department and Another, ex parte Singh (Prem): QBD 27 Apr 1993

A prisoner who was detained ‘during HM pleasure’ is to be allowed to see all reports before the Parole Board considering his release save those for which Public Interest Immunity Certificate has been given. Citations: Times 27-Apr-1993, Independent 11-Jun-1993 Statutes: Criminal Justice Act 1967 4, Criminal Justice Act 1991 34 Jurisdiction: England and Wales Prisons, … Continue reading Regina v Secretary of State for the Home Department and Another, ex parte Singh (Prem): QBD 27 Apr 1993

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

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

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003

A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003

Regina v Luton Justices ex parte Abecasis: Admn 29 Jun 1999

Citations: [1999] EWHC Admin 613 Links: Bailii Statutes: Drug Trafficking Act 1994 42(1), Magistrates Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 (1991 No 1923) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Luton Justices ex parte Abecasis CA 30-Mar-2000 Although the rules specified that a form should be used … Continue reading Regina v Luton Justices ex parte Abecasis: Admn 29 Jun 1999

Regina v Robinson: CACD 27 Nov 1992

The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act. Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to … Continue reading Regina v Robinson: CACD 27 Nov 1992

Regina v Luton Justices ex parte Abecasis: CA 30 Mar 2000

Although the rules specified that a form should be used when making application to extend the time for which money could be held pending an application under the Act for its forfeiture, there was no enforceable duty to prove that the form had been used, and its absence was not a fatal flaw in the … Continue reading Regina v Luton Justices ex parte Abecasis: CA 30 Mar 2000

Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

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

Biggs, Regina (on the Application of) v Secretary of State for the Home Department: Admn 20 May 2002

The applicant had been sentenced to 18 months. Having already spent 14 months on remand he was immediately freed under 33(1). Because of concern at his mental health, he was immediately recalled under 39(2). Some days later, it was realised that this arrest was unlawful, and he was therefore released again. The day after his … Continue reading Biggs, Regina (on the Application of) v Secretary of State for the Home Department: Admn 20 May 2002

Daniels v Griffiths: CA 27 Nov 1997

The claimant appealed against dismissal of his claim in defamation against the defendant. He was a prisoner convicted of rape and subject to life imprisonment. He sought parole, and said that the defendant had slandered him before the Parole Board. Held: Parole Board proceedings are not part of any proceedings of a court, and so … Continue reading Daniels v Griffiths: CA 27 Nov 1997

Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991

The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson said, and I accept, it would indeed be surprising if that were not so. One has … Continue reading Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991

Wilkes, Regina v: CACD 7 Mar 2003

The defendant was convicted of burglary. He had a previous conviction, within the statutory assumption period of six years, for handling. Both the property stolen in the burglary and the property handled had been recovered intact and restored, undamaged, to the true owners. The defendant had obtained no other benefit from the offences. These two … Continue reading Wilkes, Regina v: CACD 7 Mar 2003

Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act. Held: The judge had been correct not to follow practice in criminal cases on such questions. The purpose of the Act in civil proceedings was to allow … Continue reading Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994

A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction … Continue reading Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994

Regina v Telford Justices, ex parte Badhan: CACD 1991

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

Regina v Ward (Judith): CACD 15 Jul 1992

The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992

Regina v T; Regina v K: CACD 22 Mar 2001

All cases against children should be tried in the Youth Court, and not transferred to the Crown Court save for the most grave offences. In this case, the allegations included one of common assault. The appeal court had no power on this occasion to set aside the transfer, but since the accusation of common assault … Continue reading Regina v T; Regina v K: CACD 22 Mar 2001

Regina v Secretary of State Home Department, ex parte McCartney: CACD 25 May 1994

Under the applicable legislation the trial judge fixed the tariff for discretionary life sentence prisoners, but there were transitional provisions which required the Secretary of State to fix the tariff for discretionary lifers who had been sentenced before the new judicialised regime came into force. Held: The Home Secretary is not free to take his … Continue reading Regina v Secretary of State Home Department, ex parte McCartney: CACD 25 May 1994

Regina v Harper; Regina v Sabin: CACD 12 Oct 1998

The court was right to look beyond the facts of the instant case, and at the defendant’s background history, when assessing whether it was necessary to impose an additional sentence for the protection of the public from a violent offender. Citations: Times 12-Oct-1998 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v Harper; Regina v Sabin: CACD 12 Oct 1998

Regina v Fox (Michael): CACD 24 Nov 1994

Reduction in relevant part of life sentence for consideration on parole. The ‘relevant part’ not end of entire sentence but when parole considered. Citations: Ind Summary 09-Jan-1995, Times 24-Nov-1994 Statutes: Criminal Justice Act 1991 34(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.86676

Regina v Crawford: CACD 26 Apr 1993

The activating of a suspended sentence was not itself a passing of a sentence, and the other offence was not made more serious by the activation.An activation of a suspended sentence is not itself the act of passing a sentence. Citations: Gazette 02-Jun-1993, Ind Summary 26-Apr-1993 Statutes: Criminal Justice Act 1991 1(2), Powers of Criminal … Continue reading Regina v Crawford: CACD 26 Apr 1993

Regina v F, R v S: CACD 29 Oct 1999

When a young offender is ordered to return to prison to serve the remainder of a sentence after offending whilst on release on licence, the order is a new sentence, and when combined with the order for the offence giving rise to that order, cannot exceed the two year maximum total. Citations: Times 29-Oct-1999 Statutes: … Continue reading Regina v F, R v S: CACD 29 Oct 1999

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991

Judges: Lord Justice Nolan And Justice Roch Citations: [1991] EWHC 1 (QB), [1991] Crim LR 699, [1991] 3 All ER 439, (1992) 94 Cr App R 272, (1991) 155 JP 1003, [1991] 3 WLR 235, [1991] RTR 271, [1991] 2 QB 532 Links: Bailii Statutes: Prosecution of Offences Act 1985 23(3), Costs in Criminal Cases … Continue reading Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991

Regina v Coughlan: CACD 2 Dec 1996

The appellant appealed sentences for burglary. He had 17 previous convictions, and, on one occasion, 91 offences taken into consideration. The offences were convicted whilst released on licence. He had been sentenced to five years plus some consecutive elements. The sentence was proper, and the appeal refused. Citations: [1996] EWCA Crim 1597 Statutes: Criminal Justice … Continue reading Regina v Coughlan: CACD 2 Dec 1996

The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

Raja v Van Hoogstraten: ChD 19 Dec 2005

Damages were claimed after claimant alleged involvement by the defendant in the murder of the deceased. The defendant had been tried and acquitted of murder and manslaughter, but the allegation was now pursued. The defendant had since failed to co-operate with the court. Held: The defendant’s acquittal was not conclusive. The standard in a civil … Continue reading Raja v Van Hoogstraten: ChD 19 Dec 2005

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003

A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder. Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown … Continue reading Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003

Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001

The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches was inadequate. Held: Although the proceedings may have the effect of postponing the prisoners release, in … Continue reading Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Mahonia Limited v JP Morgan Chase Bankwest Lb Ag: QBD 3 Aug 2004

The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the claimant was in effect a shell company. The bank would not … Continue reading Mahonia Limited v JP Morgan Chase Bankwest Lb Ag: QBD 3 Aug 2004

Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003

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

Robinson, Regina (on The Application of) v Secretary of State for Justice: CA 19 May 2010

The appellant had been released on licence during his sentence but then recalled. He contended that the effect of the newly introduced section 50A was a retrospective increase in his sentencce. Judges: Lord Nueberger MR, Moses, Munby LJJ Citations: [2010] EWCA Civ 848, [2010] 1 WLR 2380 Links: Bailii Statutes: Criminal Justice Act 1991 50A, … Continue reading Robinson, Regina (on The Application of) v Secretary of State for Justice: CA 19 May 2010

Regina v Van Hoogstraten: CACD 12 Dec 2003

The prosecution appealed against the refusal of the crown court to remit the case for retrial. Held: The court had no jurisdiction to entertain an appeal against this ruling because it was not within the ambit of section 29(2) of the 1996 Act. That may be satisfactory because it seemed to be common ground that … Continue reading Regina v Van Hoogstraten: CACD 12 Dec 2003

Regina v Field (Brian John); Regina v Young (Alfred): CACD 12 Dec 2002

Each applicant having been convicted of indecent assaults involving children, now appealed an order banning them from working with children. Held: The orders were not penalties within article 7. The order was available in the absence of a conviction, and it was intended as a preventive measure rather than a punitive one. The section could … Continue reading Regina v Field (Brian John); Regina v Young (Alfred): CACD 12 Dec 2002

Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece. Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very … Continue reading Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

Regina on the Application of Giles v Parole Board and Secretary of State for the Home Department: CA 4 Jul 2002

The prisoner had been sentenced to a punitive term, and an additional protective term under the Act. After the parole board had decided that he could be released from the punitive part of the sentence, he obtained declaration that the board should also periodically review the protective part of the sentence. Held: The protective part … Continue reading Regina on the Application of Giles v Parole Board and Secretary of State for the Home Department: CA 4 Jul 2002

Pilgrim, Regina (on the Application of) v Parole Board and Another: Admn 9 May 2008

The prisoner appealed refusal of his release under licence. Being a long term prisoner he was to be considered for release after half his sentence was complete under the 1991 Act. Judges: Saunders J Citations: [2008] EWHC 1019 (Admin) Links: Bailii Statutes: Criminal Justice Act 1991 35(1) Jurisdiction: England and Wales Prisons Updated: 22 August … Continue reading Pilgrim, Regina (on the Application of) v Parole Board and Another: Admn 9 May 2008

Regina v Stocker: CACD 20 Jan 2003

Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were … Continue reading Regina v Stocker: CACD 20 Jan 2003

West Midlands Probation Board v French: Admn 31 Oct 2008

The respondent had been released on licence from prison. On being brought back to court on other allegations, he challenged the validity of the notice of the terms of his licence, and required evidence of those terms. Citations: [2008] EWHC 2631 (Admin), (2008) 172 JP 617, [2009] Crim LR 283, [2009] 1 WLR 1715, [2009] … Continue reading West Midlands Probation Board v French: Admn 31 Oct 2008

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

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

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

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

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

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

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

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

Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008

The prisoner disputed the calculation of the date when she would become entitled to consideration for early release under a Home Detention Curfew. The Secretary of State appealed against a decision that his policy guidance was unlawful. Held: The appeal succeeded. Where several offences were imposed at the same time, those sentences under one year … Continue reading Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008

Black, Regina (on the Application of) v Secretary of State for Justice: CA 15 Apr 2008

The prisoner complained of the power given to the defendant to block the early release of prisoners sentenced between certain dates for serious offences, saying that such a decision was for the courts only. Held: The provision was incompatible with the claimant’s human rights. Judges: Lord Justice May, Lord Justice Latham and Lord Justice Moore-Bick … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: CA 15 Apr 2008

Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for … Continue reading Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007

The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’ Held: The gist of the crime of blasphemous libel is material relating to the Christian religion, or its … Continue reading Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

Director of Public Prosecutors v Gane: Admn 1991

The defendant was charged with driving with excess alcohol and being in charge of a vehicle with excess alcohol. It was clear that on the facts the former charge included the latter. The magistrates found the facts proved but convicted only on the driving charge and acquitted on the lesser charge. The prosecutor appealed by … Continue reading Director of Public Prosecutors v Gane: Admn 1991

Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable. Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An … Continue reading Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

Girling v Secretary of State for the Home Department and Another: CA 21 Dec 2006

The claimant had challenged the findings of the Parole Board in his case, saying that the Board was not an independent tribunal as required under human rights law, since it was subject to direction from the Home Secretary. Held: The Home Secretary’s appeal succeeded. The meaning of the word ‘directions’ depended on its context. The … Continue reading Girling v Secretary of State for the Home Department and Another: CA 21 Dec 2006

Levey, Regina v: CACD 27 Jul 2006

The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were responsible for the death. Held: A prosecutor in a criminal a case has a broader duty … Continue reading Levey, Regina v: CACD 27 Jul 2006

Regina v Singh (Dara): CACD 28 Oct 1998

When a judge passes a sentence of imprisonment on a defendant already serving time, and wants this sentence to follow the other, he should make it quite clear the sentence is consecutive to the current sentence, and follow the practice direction. Citations: Gazette 04-Nov-1998, Times 28-Oct-1998, Gazette 25-Nov-1998 Statutes: Criminal Justice Act 1991 51(2) Jurisdiction: … Continue reading Regina v Singh (Dara): CACD 28 Oct 1998

Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

Konzani, Regina v: CACD 17 Mar 2005

The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, … Continue reading Konzani, Regina v: CACD 17 Mar 2005

Secretary of State for the Home Department v SP: CA 21 Dec 2004

The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004

Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

Makin v Attorney-General for New South Wales: PC 12 Dec 1893

The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893

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

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

Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004

The applicant sought an order that his application for a joint residence order should be held in public. Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come for the court to consider in each case whether a proper balance of competing … Continue reading Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004

Regina v Sullivan; Regina v Gibbs; Regina v Elener; Regina v Elener: CACD 8 Jul 2004

The appellants, each convicted of murder, challenged the minimum periods of detention ordered to be served. Held: As to the starting point for sentencing, judges should have regard to the published practice directions, and not the letter from the Lord Chief Justice of 31 December 2003, which became a practice direction in 2004. As to … Continue reading Regina v Sullivan; Regina v Gibbs; Regina v Elener; Regina v Elener: CACD 8 Jul 2004

Regina v Parole Board, Ex Parte Watson: QBD 22 Nov 1995

The test for whether or not to recall a lifer who was free on licence is the same test as was used for his release, namely whether his detention was required for the protection of the public. Citations: Independent 22-Nov-1995 Statutes: Criminal Justice Act 1991 34(4)(b) Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Regina v Parole Board, Ex Parte Watson: QBD 22 Nov 1995

Lobban, Regina v: CACD 7 May 2004

The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004

Regina v Alibhai and Others: CACD 30 Mar 2004

The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant whose evidence had contained many demonstrable lies. Held: Longmore LJ said: ‘the Crown does have obligations in respect of material in the hands … Continue reading Regina v Alibhai and Others: CACD 30 Mar 2004

Strouthos v London Underground Ltd: CA 18 Mar 2004

The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits. Held: ‘It is a basic proposition, whether in criminal or disciplinary proceedings, that the charge against the defendant or the employee facing dismissal should be … Continue reading Strouthos v London Underground Ltd: CA 18 Mar 2004

Smith (Wallace Duncan), Regina v (No 4): CACD 17 Mar 2004

The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US. Held: Provided some substantial element (here the deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such … Continue reading Smith (Wallace Duncan), Regina v (No 4): CACD 17 Mar 2004

Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004

The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the … Continue reading Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004

Nejad, Regina (on the Application of) v Secretary of State for the Home Department: CA 3 Feb 2004

The Lord Chief Justice had expressed his view as to the proper determinitive part of the defendant’s life sentence, but the Home Secretary had declined to give effect to it. Held: In the few remaining cases transitional between the former and newer systems for setting the sentence to be served by life prisoners, the Home … Continue reading Nejad, Regina (on the Application of) v Secretary of State for the Home Department: CA 3 Feb 2004