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 claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003
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 solicitor appealed findings of misconduct. He had acted for a builder who complained about breaches of confidentiality and a failure to provide written information on costs. Held: The appeal was by way of a rehearing (Preiss), but should differ from the original tribunal only in a clear case. Here there was no justification for … Continue reading Darby v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003
Challenge to variation of terms of release licence by the defendant. He argued that the power was available only to the Parole Board, and that he had not been given a chance to make representations, and that the variation was an excessive . .
Appeal with the leave of the single judge against an extended sentence of imprisonment imposed Citations: [2007] EWCA Crim 3448 Links: Bailii Statutes: Criminal Justice Act 2003 227 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 July 2022; Ref: scu.278930
The defendant had been convicted of rape. The judge had decided that an extended sentence was appropriate, and added four years to the seven year sentence under section 227. However the judge had no jurisdiction to do so, he retired on the same day and could not correct his mistake, and the prosecution delayed the … Continue reading Regina (Crown Prosecution Service) v Guildford Crown Court: QBD 4 Jul 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
The defendants appealed against their convictions for robbery. The prosecutor had introduced evidence of their previous records under section 101, with several similar convictions demonstrating propensity. Citations: [2006] EWCA Crim 2270, (2007) 171 JPN 306, (2007) 171 JP 25 Links: Bailii Statutes: Criminal Justice Act 2003 101(d) Jurisdiction: England and Wales Criminal Evidence Updated: 26 … Continue reading Tully and Another, Regina v: CACD 16 Mar 2006
The defendant appealed against his conviction. He said that a witness could not be found and therefore did not attend the trial, but her statement had nevertheless been admitted as hearsay evidence. Held: The right of a defendant to confront a witness is fundamental to a fair trial. If he is to forego that right, … Continue reading DT, Regina v (Absent witness: Evidence): CACD 4 Jun 2009
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
The defendant appealed his sentence for making indecent images of children. Additional sentences had been imposed for public protection. He had a previous conviction for a similar offence. Held: The additional sentence should not have been imposed. He had not gone beyond the downloading of images. ‘The link between the offending act of downloading these … Continue reading Terrell, Regina v: CACD 21 Dec 2007
The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007
The defendant appealed the imposition of a sexual offences prevention order under section 66, saying that it did not comply with sections 224 to 227 of the CJA 2003. If the judge had thought there was a serious risk of harm and extended sentence would have been imposd. Held: Sexual prevention orders were not subject … Continue reading Richards, Regina v: CACD 27 Oct 2006
Citations: [2005] EWHC 1236 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Sch22 Jurisdiction: England and Wales Citing: See Also – Middleton, Regina v CACD 11-Mar-2005 . . See Also – Middleton and Others, Regina v QBD 27-May-2005 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 03 July … Continue reading Middleton and Another, Regina v: QBD 15 Jun 2005
The case concerned actions taken at military bases by way of protest against the Iraq war. Each raised questions arising from the prosecution of the appellants for offences of aggravated trespass. The defendants asserted, among other things, that there was ‘was a strong possibility’ that the activities being carried on at the bases were unlawful, … Continue reading Ayliffe and others v Director of Public Prosecutions: Admn 21 Apr 2005
A statutory condition precluded magistrates from making the order they did unless a juvenile offender who was not legally represented had been refused legal aid, or had been informed of his right to apply for it but had refused or neglected to do so. These conditions had not been met and so the magistrates had … Continue reading McC v Mullan; In re McC (A Minor): HL 1984
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
Defendants appealed orders allowing children to give evidence by video link, and children appealed orders requiring them to attend court to give evidence. Held: The right to a fair trial had to be interpreted broadly. Special measures taken to protect children did not infringe the Article 6 rights of defendants. The rules allowed safeguards to … Continue reading Regina (D) v Camberwell Green Youth Court; Regina (N) v Same etc: Admn 4 Feb 2002
The court considered appeals from defendants sentenced to extended terms comprising a custodial term with an extension period and a licence thereafter extended for the protection of the public, and when such extended licence began. Held: The Home Office had a practice, but had not disclosed its practice. The understanding reflected in the textbooks appeared … Continue reading Regina v S, Regina v Burt, Regina v Parsons, Regina v Carr, Regina v Hargreaves, Regina v Denton, Regina v Taylor, Regina v Coyne, Regina v H: CACD 19 Dec 2005
Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
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 . .
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of dimished responsibillity given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should . .
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
