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Norfolk Constabulary (Police and Criminal Justice): ICO 26 Oct 2021

The complainant has requested information relating to the number of active duty serving police officers stationed throughout the force broken down by police station and geographic area from Norfolk Constabulary. The Commissioner’s decision is that Norfolk Constabulary properly engaged section 31(1) and the public interest lies in maintaining the exemption. Therefore no steps are to … Continue reading Norfolk Constabulary (Police and Criminal Justice): ICO 26 Oct 2021

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

S v Recorder of Manchester and Others: HL 1971

S, a 16 year old boy pleaded guilty to attempted rape before a juvenile court. The magistrates adjourned the case for inquiry reports. On the adjourned hearing, his legal representative referred to evidence of the boy’s mental condition, and asked for the boy to be permitted to withdraw his plea of guilty and to substitute … Continue reading S v Recorder of Manchester and Others: HL 1971

Chief Constable of Bedfordshire Police (Police and Criminal Justice): ICO 27 Sep 2021

The complainant requested information relating to ‘stop and search’ activities. Bedfordshire Police provided some information but refused to provide the remainder, citing sections 24 (national security) and 31 (law enforcement) of FOIA. The Commissioner’s decision is that Bedfordshire Police has failed to demonstrate that either exemption is engaged. The Commissioner requires the public authority to … Continue reading Chief Constable of Bedfordshire Police (Police and Criminal Justice): ICO 27 Sep 2021

Metropolitan Police Service (Police and Criminal Justice): ICO 12 Jul 2021

The complainant has requested from the Metropolitan Police Service (the ‘MPS’) details of officer misconduct hearings which have been published on the force’s website and removed after 28 days. The MPS refused to disclose the requested information finding that it was exempt by virtue of section 40(2) (Personal information) of the FOIA. The Commissioner’s decision … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 12 Jul 2021

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 Evesham Justices, ex parte McDonnagh: QBD 1988

The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the … Continue reading Regina v Evesham Justices, ex parte McDonnagh: QBD 1988

Cheshire Constabulary (Police and Criminal Justice): ICO 26 Jun 2017

The complainant has requested information relating to the misconduct hearing of a police officer who has been dismissed from Cheshire Constabulary. Cheshire Constabulary refused to provide the information citing section 40(2) (personal information) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that it was correct to do so. FOI 40(2): Not … Continue reading Cheshire Constabulary (Police and Criminal Justice): ICO 26 Jun 2017

Regina v Walsall Justices, ex parte W (a minor): QBD 1990

A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that the victim did not have sufficient understanding to take the oath by reason … Continue reading Regina v Walsall Justices, ex parte W (a minor): QBD 1990

Yorkshire Traction Co Ltd v Vehicle Inspectorate: QBD 15 Mar 2001

The regulations required drivers to keep tachograph records only for one week, and permitted them to retain them longer. It was not possible therefore to conclude that the employer had failed to institute an adequate system of supervision to ensure that drivers were not speeding by checking records only every three weeks. Citations: Times 15-Mar-2001 … Continue reading Yorkshire Traction Co Ltd v Vehicle Inspectorate: QBD 15 Mar 2001

Independent Police Complaints Commission (Police and Criminal Justice): ICO 22 Sep 2015

The complainant has requested a copy of a referral he believes was made to the Independent Police Complaints Commission (‘the IPCC’), and related correspondence and information, in relation to the investigation of a police officer connected with the Stephen Lawrence murder investigation. The IPCC would neither confirm nor deny holding any of the information by … Continue reading Independent Police Complaints Commission (Police and Criminal Justice): ICO 22 Sep 2015

Sussex Police (Police and Criminal Justice): ICO 27 Jan 2021

The complainant requested information from Sussex Police relating to particular claims it had made, and subsequently retracted, of crowd disorder at a football match between Brighton and Hove Albion and Crystal Palace in November 2017. Sussex Police refused to comply with the request on the grounds that it was vexatious within the meaning of section … Continue reading Sussex Police (Police and Criminal Justice): ICO 27 Jan 2021

Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of a European arrest warrant – Interpretation of the terms ‘resident’ and ‘staying’ in the executing Member State. Citations: C-66/08, [2008] EUECJ C-66/08, [2009] QB … Continue reading Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 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

In re May Yoong Forwell, Drug Trafficking Offences Act 1986: CA 12 Nov 2003

The claimant was the wife of an offender sentenced for drug trafficking. An order was made for confiscation of the proceeds of the trafficking. She sought a certificate of inadequacy. Held: Where she ws not in a position to pay the sum ordered she was entitled to a certificate. The judge had not appreciated that … Continue reading In re May Yoong Forwell, Drug Trafficking Offences Act 1986: CA 12 Nov 2003

Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004

Conspiracy to convert or transfer the proceeds of drug trafficking or of criminal conduct – confiscation order available. The statutory distinction existed between the proceeds of drug trafficking and of crime generally had now been removed, but the conduct here pre-dated the new Act. The offence of conspiracy took place at the time of the … Continue reading Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004

Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

Regina v Colchester Justices Ex Parte Abbott: QBD 13 Mar 2001

When calculating the value of damage for the purpose of deciding whether an allegation of criminal damage could be referred to the Crown Court, the damage was the replacement value and not the consequential losses. An activist was accused of damaging genetically engineered crops. The replacement value was andpound;750, but the consequential losses amounted to … Continue reading Regina v Colchester Justices Ex Parte Abbott: QBD 13 Mar 2001

Regina v Reigate Justices ex parte Argus Newspapers and Larcombe: 1983

The court considered an application by the defendant, a ‘supergrass’ for his trial to be held in camera. Held: Such an order was possible but should only be made if it was the only way of protecting the defendant. Citations: (1983) 5 Cr App R (S) 181 Cited by: Cited – In re Officer L … Continue reading Regina v Reigate Justices ex parte Argus Newspapers and Larcombe: 1983

Regina v Horsham Justices, ex parte Reeves (Note): QBD 1980

The police had decided simply to re-lay charges which had already been dismissed after an extensive depositions hearing. The charges were simplified but essentially the same. Held: This was an abuse of process. A court is possessed of a discretion which extends to enable it to stay a second prosecution where that second prosecution can … Continue reading Regina v Horsham Justices, ex parte Reeves (Note): QBD 1980

Regina v Harrow Justices ex parte Director of Public Prosecutions: 1991

In order to use the power to issue a warrant of commitment, committing the defaulter to custody, the court must conduct a fair and public hearing to decide what is the appropriate order to make in all the circumstances. The power to issue the warrant is discretionary. Such a warrant is a mode of enforcement … Continue reading Regina v Harrow Justices ex parte Director of Public Prosecutions: 1991

Regina v Oxford City Justices, ex parte Smith: QBD 1982

The defendant had given a positive breath test. The laboratory test showed a urine/alcohol proportion above the prescribed limit. He was warned that proceedings were possible. The summons was issued within the six months’ period prescribed by the Act, but service was delayed for over two years. He objected that any hearing would be contrary … Continue reading Regina v Oxford City Justices, ex parte Smith: QBD 1982

TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

The Court considered the following question: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; in particular does it include someone who acts otherwise than in a private and individual capacity for or on behalf of an organisation or body which … Continue reading TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

Regina v Nottingham Justices, ex parte Davis: QBD 1980

On a second or subsequent application for bail, magistrates need only ask first whether there had been a material change in circumstancs since the original order. If there had been no change, there was no need to look at the facts underlying the previous refusals of bail.Lord Justice Donaldson said: ‘The court considering afresh the … Continue reading Regina v Nottingham Justices, ex parte Davis: QBD 1980

Metropolitan Police Service (Police and Criminal Justice) FS50718003: ICO 1 Mar 2018

The complainant has requested information about a Privacy Impact Assessment from the Metropolitan Police Service (the ‘MPS’). The Commissioner’s decision is that the MPS breached section 10(1) of the FOIA by failing to confirm that it holds the requested information within the statutory time limit. As it has now done so, she does not require … Continue reading Metropolitan Police Service (Police and Criminal Justice) FS50718003: ICO 1 Mar 2018

Metropolitan Police Service (Police and Criminal Justice): ICO 1 Mar 2018

The complainant has requested information about the operation of a Pro Laser IIII device from the Metropolitan Police Service (the ‘MPS’). The Commissioner’s decision is that the MPS breached section 10(1) of FOIA by failing to confirm that it holds the requested information within the statutory time limit. The Commissioner does not require the MPS … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 1 Mar 2018

Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

New procedures for judges considering an application for a voluntary bill of indictment. The rules provide for compliance with the acts and rules governing such bills, and detailed disclosure of charges refused by magistrates, of the evidence which brought the bill within the rules. It should be for exceptional considerations of justice not administrative convenience. … Continue reading Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003

The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed. Held: There is no rider in law to the res gestae exception disapplying the exception if better (or … Continue reading Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003

SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010

Application for judicial review challenging the Secretary of State’s transfer direction given under section 47 of the Mental Health Act 1983 authorising removal of the claimant from prison to Rampton Hospital Judges: Mr Justice Burnett Citations: [2010] EWHC 1124 (Admin), [2010] ACD 71 Links: Bailii Statutes: Mental Health Act 1983 47 Jurisdiction: England and Wales … Continue reading SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010

Staffordshire Police (Police and Criminal Justice): ICO 13 Sep 2016

ICO The complainant requested information relating to the outsourcing by Staffordshire Police of their staff pensions provision to a private sector contractor. Having answered previous connected requests, the police refused these requests relying on the section 14(1) FOIA exemption on the grounds that they were likely to cause a disproportionate and unjustified level of disruption, … Continue reading Staffordshire Police (Police and Criminal Justice): ICO 13 Sep 2016

South Wales Police (Police and Criminal Justice) FS50595145: ICO 8 Jun 2016

ICO The complainant requested information about a reinvestigation into a complaint ordered by the Independent Police Complaints Commissioner (‘IPCC’), and the name and contact details of the person dealing with his information request. South Wales Police provided some information and confirmed that it did not hold any additional information. The Commissioner’s decision is that South … Continue reading South Wales Police (Police and Criminal Justice) FS50595145: ICO 8 Jun 2016

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

The claimants had had their criminal convictions quashed, but had had claims for compensation rejected. They said that section 133(1ZA) of the 1988 Act (as amended) infringed their Human Rights by displacing the presumption of innocence. Held: The appeals failed. The Supreme Court had decided that the presumption of innocence had been displaced in such … Continue reading Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

Bucnys v Ministry of Justice: SC 20 Nov 2013

The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The court was asked whether the requests are open to challenge on the basis that (i) … Continue reading Bucnys v Ministry of Justice: SC 20 Nov 2013

Gittins v Central Criminal Court: Admn 14 Jan 2011

The claimant sought judicial review of decisions to issues search warrants to HMRC in respect of his premises. HMRC wanted to look for evidence of tax avoidance schemes which it thought might be unlawful. Until the morning of the hearing, HMRC maintained that it could not disclose the information on the basis of which the … Continue reading Gittins v Central Criminal Court: Admn 14 Jan 2011

Essex Police (Police and Criminal Justice): ICO 20 Aug 2015

ICO The complainant requested information relating to GATSO traffic light apparatus. Essex Police failed to respond to this request for information and the Commissioner’s decision is that in doing so Essex Police breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires Essex Police respond to the request. Essex Police must take these steps … Continue reading Essex Police (Police and Criminal Justice): ICO 20 Aug 2015

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002

Crown Prosecution Service v Greenacre: Admn 3 Apr 2007

Following his conviction for false accounting, a confiscation order was made against the defendant. After agreeing various adjournments the prosecutor said that the magistrates court had no power to allow such an adjournment under section 75(2) of the 1980 Act, because section 75(2)(a) of the 1988 Act did not allow magistrates to remit any part … Continue reading Crown Prosecution Service v Greenacre: Admn 3 Apr 2007

Tully and Another, Regina v: CACD 16 Mar 2006

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

Brosch, Regina v: CACD 7 Apr 2020

Renewed application for leave to appeal against a sentence of imprisonment of 20 months imposed upon the applicant’s plea of guilty to a charge of having an article with a blade or point contrary to s.139(1) of the Criminal Justice Act 1988. Citations: [2020] EWCA Crim 601 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing … Continue reading Brosch, Regina v: CACD 7 Apr 2020

Regina v Coutts: HL 19 Jul 2006

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006

Cresswell and Another v Director Of Public Prosecutions: Admn 30 Nov 2006

The defendants opposed the actions of DEFRA in trapping and then killing badgers. They were accused of criminal damage to the traps. They asserted a lawful excuse in seeking to release the badgers. While a wild animal was alive, there was no absolute property in that animal. There might however be, what was known as … Continue reading Cresswell and Another v Director Of Public Prosecutions: Admn 30 Nov 2006

Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004

Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the hearing. Held: Though magistrates may have jurisdiction to re-open a criminal case, there was no corresponding … Continue reading Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004

N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

Love and Another, Regina v: CACD 13 Feb 2013

The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013

Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Pham v The District Court for The Southern District of New York: Admn 13 Dec 2012

Application for bail in extradition proceedings made pursuant to section 1A of the Criminal Justice Act 1967, inserted by amendments made to the Police and Justice Act 2006. Judges: Blake J Citations: [2012] EWHC 3890 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition, Criminal Practice Updated: 14 November 2022; Ref: scu.471271

Dragoman, Regina (on The Application of) v Camberwell Green Magistrates Court: Admn 20 Dec 2012

The court was asked whether a district judge had power under section 177 and section 205 of the 2003 Act to impose, by way of a requirement under a community order, a direction that a citizen of another country in the EU, who has been convicted of an offence, can be excluded from entering the … Continue reading Dragoman, Regina (on The Application of) v Camberwell Green Magistrates Court: Admn 20 Dec 2012

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

HM Customs and Excise v Hare and Others: CA 16 Feb 1996

The defendants were suspected of substantial frauds by evading excise duty on alcohol. They now appealed against the appointment of a receiver. Judges: Ros, Aldous LJJ, Sir Iain Glidewell Citations: [1996] EWCA Civ 1351, [1996] 2 BCLC 500, [1996] 2 All ER 391 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Customs … Continue reading HM Customs and Excise v Hare and Others: CA 16 Feb 1996

Re Arrows Ltd (No 4): CA 8 Apr 1993

A Civil Court cannot stop the Serious Fraud Office using evidence which had been gathered under compulsion during Insolvency interviews under s236. Any element of confidentiality was overriden. Citations: Independent 08-Apr-1993, Gazette 09-Jun-1993 Statutes: Criminal Justice Act 1987 2(8) 3, Insolvency Act 1986 236 Jurisdiction: England and Wales Citing: Appeal from – Re Arrows Ltd … Continue reading Re Arrows Ltd (No 4): CA 8 Apr 1993

Regina v Smith, Beaney: CACD 18 Mar 1999

The defendants appealed their convictions, saying that the guilty pleas had been obtained by pressure. On the day of the trial, there had been conversations between their representatives, in the course of which inconsistent admissions were made. Counsel were ‘professionally embarassed’ and they and the solicitors withdrew. The judge refused an adjournment. The trial began, … Continue reading Regina v Smith, Beaney: CACD 18 Mar 1999

Regina v Allen (Brian Roger): CACD 13 Oct 1999

The legislation encompassed the failure to pay tax as a benefit accrued through criminal activity, and therefore a court could order forfeiture of the proceeds of the crime, even though the wrong-doer might remain liable for the unpaid taxes in civil law. The possibility of such double liability was not relevant to the criminal proceedings. … Continue reading Regina v Allen (Brian Roger): CACD 13 Oct 1999

Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014

In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014

Ahmad and Another v Regina: CACD 2 Mar 2012

The defendants appealed against confiscation orders each for more than andpound;92 million said to have been derived from a substantial fraud. Held: The appeals succeeded. Sums which had been paid into banks as the result of a purported sale of goods by a buffer company in the course of a carousel fraud generating false claims … Continue reading Ahmad and Another v Regina: CACD 2 Mar 2012

M v the Secretary of State for the Home Department: CA 19 Feb 2003

The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his sentence and on release. The respondent decided that he should be deported under the 1971 Act, but gave … Continue reading M v the Secretary of State for the Home Department: CA 19 Feb 2003

Lake v British Transport Police: CA 5 May 2007

The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the decision of the Police disciplinary Board could not found his claim. Held: the paragraph … Continue reading Lake v British Transport Police: CA 5 May 2007

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

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

Addison v HM Advocate: HCJ 8 Oct 2014

Appeal against conviction for murder: ‘on two grounds, namely; (1) that he suffered a miscarriage of justice as a result of defective representation; and (2) that while awaiting trial he was deprived of the opportunity to instruct senior counsel of his choice.Lord Justice General said: ‘The Law Society of Scotland Practice Rules 2011 provide that … Continue reading Addison v HM Advocate: HCJ 8 Oct 2014

Director of Public Prosecutions v Hopkins: Admn 18 Jan 2013

Prosecutor’s appeal by way of case stated against the decision of Bristol Justices to acquit the respondent of a charge of assault, contrary to section 29 of the Criminal Justice Act 1988. Judges: Mr Justice Mitting Citations: [2013] EWHC 193 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 19 October 2022; Ref: scu.471018

Regina v Foran: CACD 1 Jun 1995

Maximum 12 month applied to include consequence of revocation of licence.Sentence maxima cannot be exceeded even on a re-sentence after a licence breach. Citations: Gazette 13-Jul-1995, Times 01-Jun-1995 Statutes: Criminal Justice Act 1991 40(4)(c) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.86671

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

Sadiq and Another, Regina v: Cacd 16 Jan 2009

Appeals against conviction raising issues as to the admission of a particular form of hearsay evidence at trial under the provisions of section 114(1)(d) of the Criminal Justice Act 2003 Citations: [2009] EWCA Crim 712 Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 05 October 2022; Ref: scu.341575

Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime … Continue reading Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Regina v Ali: CACD 14 Nov 2003

The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. … Continue reading Regina v Ali: CACD 14 Nov 2003