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Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition. Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity … Continue reading Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010

The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his detention. Held: The Parole Board had a two stage decision, first as to whether … Continue reading Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010

Regina v Greer: CACD 28 Jan 2011

The defendant appealed against an order disallowing any time already spent in custody when activating a suspended sentence. Held: The appeal succeeded. Judges: Hooper LJ, Openshaw, Sharp JJ Citations: [2011] EWCA Crim 314, [2011] 2 Cr App R (S) 66, [2011] Crim LR 495 Links: Bailii Statutes: Criminal Justice Act 2003 240 Jurisdiction: England and … Continue reading Regina v Greer: CACD 28 Jan 2011

Regina v Barrett: CACD 4 Sep 2009

The defendant had been subject to a curfew of twelve hours a day, and sought to have this time set off against his sentence. He said that if he had been electronically tagged, he would have been entitled to credit for this time. Held: Despite the disparity, there was no obligation to give credit in … Continue reading Regina v Barrett: CACD 4 Sep 2009

Monaghan and Others v Regina: CACD 21 Dec 2009

Applications for leave to appeal or appeals concern section 240A of the Criminal Justice Act 2003 which concerned the sentencing of defendants who had spent time awaiting tral under curfew. Judges: Hooper LJ, Swift DBE J, Morris QC HHJ Citations: [2009] EWCA Crim 2699 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England and … Continue reading Monaghan and Others v Regina: CACD 21 Dec 2009

Metcalfe, Regina v: CACD 18 Feb 2009

The defendant appealed from an order of the judge that 88 days spent in custody should not go toward his sentence for theft and handling stolen goods. The judge said that the offences had been committed while the defendant was released on licence from a sentence for other offences. Judges: Lord Judge LCJ, Wyn Williams … Continue reading Metcalfe, Regina v: CACD 18 Feb 2009

Sherif and Others, Regina v: CACD 21 Nov 2008

The defendants sought to appeal against their sentences for withholding information about terrorism. Held: The factor determing the sentence was not principally the extent of the information which might have been provided, but rather the seriousness of the terrorist activity. Time which had been spent awaiting trial subject to a curfew enforced by means of … Continue reading Sherif and Others, Regina v: CACD 21 Nov 2008

Regina v Mari: CACD 2010

The court considered an appeal against sentence where the judge, in activating a suspended sentence had not allowed for time spent in custody on remand. Maddison J said: ‘The Registrar referred this case to the full court so that it could consider the lawfulness of the judge’s approach. This case illustrates the sorts of problems … Continue reading Regina v Mari: CACD 2010

Norman and Others, Regina v: CACD 20 Jul 2006

The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served. Held: The defendants were entitled to a direction. If the time for varying the order under s155 of the 2000 Act had passed, an … Continue reading Norman and Others, Regina v: CACD 20 Jul 2006

Barrett, Regina v: CACD 4 Sep 2009

Appeal against sentence of 44 weeks for burglary with intent to cause criminal damage. Credit for time spent on curfew – effect of section 240A of the 2003 Act. Citations: [2009] EWCA Crim 2213, [2010] Crim LR 159, [2010] 1 Cr App Rep (S) 87 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England … Continue reading Barrett, Regina v: CACD 4 Sep 2009

Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007

The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand. Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise spent on remand should count against the sentence. If there was any … Continue reading Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007

Barber, Regina v: CACD 17 Feb 2006

The defendant appealed an order made by the judge that the time he had spent in custody should not count toward time served. Held: A judge considering making such an order must give advance warning to defence counsel, and provide an appropriate opportunity for representations. Judges: Pill LJ, Swift J, Radford J QC Citations: [2006] … Continue reading Barber, Regina v: CACD 17 Feb 2006

Thorsby and Others v Regina: CACD 20 Jan 2015

These several applications raised a single ground of appeal namely that the sentencing court failed to give credit under section 240A of the Criminal Justice Act 2003, as amended, for one half of the time spent by the offender on qualifying curfew before sentence. This was asked in a context where there had been delay … Continue reading Thorsby and Others v Regina: CACD 20 Jan 2015

Leacock and Others, Regina v: CACD 12 Nov 2013

The defendants sought leave to appeal against their sentences, saying that the time served calculations had not included time spent subject to curfew and otherwise. Held: ‘if a prisoner is serving a sentence for another offence at the time on which he is remanded for the offence for which he is to be sentenced, the … Continue reading Leacock and Others, Regina v: CACD 12 Nov 2013

Johnson (RT) v Regina; Nnaji v Regina: CACD 17 Mar 2009

The court considered the difficulties arising in trying under section 240 to calculate the credit to be given for time spent in custody awaiting trial, and put forward a suggested formulation. . .

Cooper, Regina v: CACD 20 Sep 2010

The appellant pleaded guilty to manslaughter by reason of diminished responsibility and attempted murder. He was sentenced for manslaughter to imprisonment for public protection pursuant to section 225 of the 2003 Act with a minimum term of 6 years, less time spent on remand, and for attempted murder to a similar sentence with a minimum … Continue reading Cooper, Regina v: CACD 20 Sep 2010

Vaughan, Regina v: CACD 24 Jun 2008

The sole point raised by the appeal concerns the direction under section 240 of the Criminal Justice Act 2003. The direction was that the time served by the appellant in custody on remand after he admitted the offences to which he was sentenced should count towards his sentence, but not the time served prior to … Continue reading Vaughan, Regina v: CACD 24 Jun 2008

Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978

The court considered disclosure of a legally privileged note of an interview: ‘I believe that the principle underlying the rule of practice exemplified by Burnell v British Transport Commission is that, where a party is deploying in court material which would otherwise be privileged, the opposite party and the court must have an opportunity of … Continue reading Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978

Regina v Singh: CACD 23 Feb 2006

The evidence against the defendant was that he was the holder and user of mobile telephone lines used in a kidnapping. The court used evidence of the numbers stored in other mobile phones contacted by him to show that he was part of a conspiracy. It was argued that the Act had not intended to … Continue reading Regina v Singh: CACD 23 Feb 2006

Regina v Lewenden: CACD 1 Mar 2006

The admissibility of business and other documents was exclusively a matter of law for the determination of the judge. Judges: Rose LJ, Stanley Burton J, Hedley J Citations: Times 07-Mar-2006 Statutes: Criminal Justice Act 2003 117 Jurisdiction: England and Wales Criminal Practice Updated: 14 September 2022; Ref: scu.240169

Hoggard, Regina v: CACD 20 Jun 2013

The court gave its reasons for allowing an appeal by the defendant as to the time to be held to go towards service of his sentence of imprisonment after had had spent time before sentence subject to curfew. The sentence, imposed on 13 December 2012, was twelve months imprisonment. The judge had intended that the … Continue reading Hoggard, Regina v: CACD 20 Jun 2013

In re D (Acquitted Person: Retrial): CACD 27 Feb 2006

The defendant had been acquitted. The Director of Public prosecutions announced that new and compelling evidence had come to light and a retrial was ordered. The defendant objected that the publicity surrounding the Director’s publicity release was prejudicial to his right to a fair trial. The Director now sought an order restricting publicity around the … Continue reading In re D (Acquitted Person: Retrial): CACD 27 Feb 2006

Regina v Irving; Regina v Squires: CACD 4 Feb 2010

Both defendants appealed against sentence saying that the court had not given proper allowance on sentencing for the time that had spent awaiting trial under curfew and electronically tagged. Held: The appeals succeeded. Greater effort should be put into ensuring that the necessary information was properly provided for the sentencing court, and the court should … Continue reading Regina v Irving; Regina v Squires: CACD 4 Feb 2010

Wellington, Regina (on the Application of) v the Director of Public Prosectuions: Admn 1 May 2007

The appeal concerns the effect of breaches of the Code of Practice in relation to identification evidence and the admissibility of certain details on a Police National Computer print-out. Judges: Jackson J Citations: [2007] EWHC 1061 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984, Criminal Justice Act 2003 117 Criminal Practice Updated: 11 … Continue reading Wellington, Regina (on the Application of) v the Director of Public Prosectuions: Admn 1 May 2007

Reynolds and Others, Regina v: CACD 8 Mar 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

Hendy, Regina v: CACD 12 Apr 2006

The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a personality disorder and depression. Held: If this evidence were called at a trial … Continue reading Hendy, Regina v: CACD 12 Apr 2006

Murchison v Southend Magistrates’ Court: Admn 24 Jan 2006

The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give evidence. The magistrates retired and came back to convict him, but saying that they had seen his antecedents, which had … Continue reading Murchison v Southend Magistrates’ Court: Admn 24 Jan 2006

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

Ikram, Regina v: CACD 14 Mar 2018

Application in relation to a terminating ruling brought by a prosecuting authority in respect of a case tried at Leeds Crown Court. The indictment contained a single count of misconduct in public office. Judges: Treacy LJ, King, Nicol JJ Citations: [2018] EWCA Crim 440, [2018] 1 WLR 5865, [2018] WLR(D) 167 Links: Bailii, WLRD Statutes: … Continue reading Ikram, Regina v: CACD 14 Mar 2018

Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

Regina v Burns: CACD 1 Mar 2006

The defendant complained that the court had wrongfully admitted evidence of a previous conviction on the basis only that he shared the name and date of birth of the person convicted. The conviction was used as evidence of his propensity to be untruthful. Held: What was evidence in such circumstances was not a matter of … Continue reading Regina v Burns: CACD 1 Mar 2006

Regina v Dobson and Norris: CCC 4 Jan 2012

CCC (Central Criminal Court) The OffenceThe murder of Stephen Lawrence on the night of 22nd April 1993 was a terrible and evil crime. Recently the Lord Chief Justice described it as a ‘murder which scarred the conscience of the nation.’A totally innocent 18 year old youth on the threshold of a promising life was brutally … Continue reading Regina v Dobson and Norris: CCC 4 Jan 2012

Firth v Epping Magistrates Court: Admn 3 Feb 2011

The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011

Rhodes v OPO and Another: SC 20 May 2015

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 . .

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 . .

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

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