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Search Results for: Criminal Justice Act 2003 114 116
Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011
(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011
O’Hare, Regina v: CACD 7 Sep 2006
Scott Baker LJ said that: ‘We think it is important to point out that, as a matter of generality, section 114 cannot and should not be applied so as to render section 116 nugatory.But section 114(1)(d) should not be so narrowly applied that it has no effect. It follows that there will be cases in … Continue reading O’Hare, Regina v: CACD 7 Sep 2006
Sekhon, etc v Regina: CACD 16 Dec 2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
Regina v Z: CACD 23 Jan 2009
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
Regina v Twist and Others: CACD 12 May 2011
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone. Held: The four appeals against conviction were dismissed. Singh established that the common law rules on hearsay had been abolished by the 2003 Act. The court set out its … Continue reading Regina v Twist and Others: CACD 12 May 2011
Regina v EED: CACD 28 May 2010
A witness had been warned to attend court, but had not served with an order and did not attend. The defendant appealed against his conviction saying that her evidence should not have been read to the jury. He had faced allegations of sexual abuse of his wife’s younger sisters. Two gave evidence, but the third … Continue reading Regina v EED: CACD 28 May 2010
Regina v Secretary of State for The Home Department Ex Parte Simms: HL 11 Feb 1999
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 . .
