Search Results for: Criminal Justice Act 2003 254

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Jorgenson, Regina (on The Application of) v Secretary of State for Justice: Admn 15 Apr 2011

The claimant challenged the decision of the defendant under section 254 of the 2003 Act to recall him to custody for using cannabis in breach of the licence conditions on which he was released from prison. Judges: Silber J Citations: [2011] EWHC 977 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 254 Prisons Updated: 07 … Continue reading Jorgenson, Regina (on The Application of) v Secretary of State for Justice: Admn 15 Apr 2011

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

Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

The claimant challenged the lawfulness of his detention between 15 January and 4 March 2021 (‘the unlawful detention challenge’). He was arrested on 15 January 2021 on the basis that he was unlawfully at large and returned to prison to serve the remainder of the determinate sentence imposed by Southwark Crown Court on 9 February … Continue reading Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double actionability rule and that the warrant did not set out the text of the law under … Continue reading Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

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

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 (Gulliver) v Parole Board: CA 4 Jul 2007

The claimant had been released on licence, and recalled. He complained that the parole board had, in considering his re-release taken into account circumstances beyond those which had directly caused his recall. Held: The prisoner’s appeal failed. The Board was entitled to take into account all the circumstances, including but not limited to, the reason … Continue reading Regina (Gulliver) v Parole Board: CA 4 Jul 2007

The Government of Ghana v Gambrah and Another: Admn 16 May 2014

Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but felt that the imposition of such a sentence even with the undertaking would infringe … Continue reading The Government of Ghana v Gambrah and Another: Admn 16 May 2014

Suchedina v Regina; similar: CACD 27 Oct 2006

Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired. Held: Saik now meant that the requirement was for actual suspicion, not mere reasonable cause for suspicion. However in this … Continue reading Suchedina v Regina; similar: CACD 27 Oct 2006

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

In Re R (Wardship: Restrictions on Publication): CA 1994

The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought publicity for his views upon the treatment of fathers by the … Continue reading In Re R (Wardship: Restrictions on Publication): CA 1994

Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017

The claimant challenged being recalled to prison from licence after being found in an area from which he was excluded as a condition of his parole. Judges: Turner J Citations: [2017] EWHC 729 (Admin) Links: Bailii Statutes: European Convention on Human Rights 5, Criminal Justice Act 2003 244 254 Jurisdiction: England and Wales Citing: Cited … Continue reading Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

Regina v HM Attorney-General’s Reference (No 126 of 2006): CACD 30 Jan 2007

The defendant had pleaded guilty to murder. Being under eighteen years of age, he had been sentenced to detention for 12 years. Held: The sentence would be increased to fifteen years. The twelve year figure was only a starting point, and the court’s duty was fact specific. The court re-emphasised the fact that a youth … Continue reading Regina v HM Attorney-General’s Reference (No 126 of 2006): CACD 30 Jan 2007

Regina (Crown Prosecution Service) v Guildford Crown Court: QBD 4 Jul 2007

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

Connelly v Director of Public Prosecutions: HL 1964

Plea of Autrefois Acquit is Narrow in Scope The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict. Held: The majority identified a narrow principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964

A M and Others, Regina v: CACD 13 Nov 2009

Each defendant appealed against sentences for murder where they had been increased because of their use of knives. Held: The 2003 Act now governed sentencing for murder, but did not change the need for a sentence to reflect the seriousness of the crime, allowing for the principles set out in the schedule to the Act. … Continue reading A M and Others, Regina v: CACD 13 Nov 2009

Clifford, Regina v: CACD 7 Nov 2014

The defendant appealed against his sentence to eight years imprisonment on 8 counts of indecent assault. The offences occurred between 1977 and 1984. Held: Each of the victims was young and vulnerable and the assaults had had continuing effects on their lives. The aggravating features were: ‘There were four girls or young women involved; one … Continue reading Clifford, Regina v: CACD 7 Nov 2014