The defendant appealed against his conviction for assaulting a police officer. He complained that he had been subjected to an unlawful assault, in that before being searched under the 1994 Act, the officer had not given his details. Held: The obligation on an officer to provide his name, number and station was mandatory and a … Continue reading Osman v Southwark Crown Court: Admn 1 Jul 1999
The contention in this appeal is that the conviction was unsafe because the judge was wrong to give a direction under section 34 of the Criminal Justice and Public Order Act 1994. Citations: [2008] EWCA Crim 1028 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: England and Wales Criminal Evidence Updated: … Continue reading Maguire, Regina v: CACD 25 Apr 2008
Appeal by case stated against conviction of having secured entry to premises by violence. Inferences to be drawn from defendant’s silence at police interview. The defendant complained that the magstrates should have set out clearly what inferences they had drawn and from what facts and allowed the defendant opportunity to make representations. Held: The magistrates … Continue reading T v Director of Public Prosecutions: Admn 10 Jul 2007
The defendant appealed against his conviction for murder saying that the court had given inadequate directions as to his ‘no comment’ interview, the need to treat the evidence of a co-accused with caution, and the need for a bad character direction. Held: The appeal failed. The direction as to the no comment interview had allowed … Continue reading Najib v Regina: CACD 12 Feb 2013
The complainant requested information from South Wales Police (‘SWP’) about policies and training concerning authorisations made under section 60 of the Criminal Justice and Public Order Act 1994. By the date of this notice SWP had not issued a substantive response to this request. The Commissioner’s decision is that SWP has breached section 10 of … Continue reading Chief Commissioner of South Wales Police (Police and Criminal Justice): ICO 24 Jan 2022
Six conditions before jury may take inferences from silence under caution. Citations: Times 19-Dec-1996 Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: England and Wales Crime Updated: 04 November 2022; Ref: scu.86057
The two appellants were among four convicted of robbery. Imran complained that the police had not disclosed the existence of CCTV coverage before the interview, and Hussain that a copy of the surveillance tape had been given to the jury after retirement. Held: Leave to appeal was refused. As to any obligation on the police … Continue reading Regina v Imran, Hussain: CACD 9 Jun 1997
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
The defendant was charged with robbing a McDonald’s restaurant. He had refused to answer questions when interviewed on arrest, and his solicitor had put on record that this was on the grounds that the solicitor did not think the evidence strong enough. At the trial, the defendant adduced the terms of that advice. The questions … Continue reading Regina v Bowden (BT): CACD 10 Feb 1999
A jury cannot convict solely on the basis of an inference, drawn under section 34, from the combination of an accused’s failure to give at interview, an explanation relied upon later at court. Additional evidence could be found not only from the prosecution case, but also from the defence. In a section 35 case however, … Continue reading Regina v Doldur: CACD 7 Dec 1999
Courts which were considering detaining an offender between 12 and 15 years old should be asked to consider the new section 1 even though the section was not yet in force. Citations: Times 29-Jan-1998 Statutes: Criminal Justice and Public Order Act 1994 1, Children and Young Persons Act 1933 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v Sheffield Youth Justices ex parte M: QBD 29 Jan 1998
D appealed against his conviction of indecently assaulting his young stepdaughter, on whose nightdress a small amount of seminal staining had been found. Giving evidence at trial he was asked by his counsel if he could think of any way in which semen might have found its way onto the nightdress, and he proffered an … Continue reading Regina v Nickolson: CACD 23 Jan 1998
The appellant was convicted of supplying heroin. He and his co-defendant who had pleaded guilty, had been filmed on video. The appellant did not give evidence but contended that it was the other, not he, who had supplied the heroin and received the price. Held: The defence had invited the jury to interpret a poor … Continue reading Regina v Mahmood: CACD 27 Jan 1998
Bowers and Millan complained that the direction given under section 34 was impermissible. The ground of complaint was that they had not relied on any fact by way of defence, but had simply put the prosecution to proof. Held: The court asked what evidence had been presented: ‘A fact relied on may, in our judgment, … Continue reading Regina v Bowers, Taylor, Millan: CACD 13 Mar 1998
The court set out the sentencing considerations for firearms offences in the light of an increase of the use of guns. Held: The level of sentencing had not sufficiently reflected the gravity of such offences. After the 1994 Act, earlier sentencing cases were not reliable as a guide. The applicable principles are: ‘(1) What sort … Continue reading Regina v Avis, T and others: CACD 16 Dec 1997
The jury may be invited beyond the terms of the Judicial Studies Board direction for drawing of adverse inferences to allow if they consider that delay was attributable to desire to fabricate a defence. Citations: Times 10-Apr-1998 Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: England and Wales Criminal Evidence Updated: 11 October … Continue reading Regina v Daniel: CACD 10 Apr 1998
‘The appeal primarily raises novel points arising out of s.35 Criminal Justice and Public Order Act 1984 which in essence provides that if the mental condition of the accused makes it undesirable for him to give evidence no adverse inference may be drawn from his failure to give evidence.’ Judges: Otton LJ Citations: [1997] EWCA … Continue reading Friend, Regina v: CACD 26 Mar 1997
The defendant appealed against his conviction for wounding with intent. He had answered ‘no comment’ in the police interview, but claimed self defence at trial. The court considered what note should be taken of the solicitor’s evidence of his advice on interview. Held: Rose LJ gave examples of where a solicitor’s advice to remain silent … Continue reading Regina v Roble: CACD 21 Jan 1997
The defendants were charged with the supply of heroin. They had declined to answer police questions and it was on the record that their solicitor had advised them not to do so, on the grounds that he considered them unfit because they were displaying withdrawal symptoms; the doctor who examined them had disagreed. Held: The … Continue reading Regina v Condron, Condron: CACD 17 Oct 1996
Detailed guidance was given on directions when a jury are to be allowed to split up overnight after retiring using the court’s discretion under s43, including ‘1. That the jury must decide the case on the evidence and the arguments which they have seen and heard in court, and not on anything they may have … Continue reading Regina v Oliver (Ian): CACD 6 Dec 1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a lesser direction if he chooses. In this case there was … Continue reading Regina v Makanjuola: CACD 17 May 1995
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court. Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof remains upon the prosecution throughout and what the required standard … Continue reading Regina v Cowan and Another: CACD 12 Oct 1995
The defendant appealed by case stated against his conviction for aggravated trespass. Hostile protesters had entered into Millbank Tower, and ignited smoke bombs and smashed a large plate glass window from the outside. Held: Irwin J said: ‘On facts such as this, however, the mass invasion of a building and the particular persistence in remaining … Continue reading Peppersharp v Director of Public Prosecutions: Admn 10 Feb 2012
CS The defendant had made no comment replies during interview. He did not give evidence at trial, but otherwise took part, though he did not put any fact before the jury. The judge directed the jury that they might draw adverse inferences from his silence. He appealed. Held: The facts put forward at trial must … Continue reading Regina v Chenia: CACD 1 Nov 2002
When a defendant was silent, it was necessary for the court to be especially careful to give precise and accurate directions on the effect of such silence as to the drawing of adverse inferences. Having answered questions on some aspects, it was not possible for the court to separate out the issues safely so as … Continue reading Regina v Gill: CACD 21 Jul 2000
The claimant challenged the legality of section 60 of the 1994 Act as an interference in her article 8 rights. She had been caught on a bus without her fare and gave a false name and address. A direction had been given authorising any person to be stopped and searched for any unauthorised weapon, and … Continue reading Roberts, Regina (on The Application of) v The Commissioner of The Metropolitan Police: Admn 17 Jul 2012
The offence of witness intimidation was committed by a defendant, even though the threats were made by a third party on his behalf, provided the threat was intended by the accused to be passed to the witness, and provided the other elements of the offence were present. Citations: Times 06-Jul-1999, Gazette 30-Jun-1999, [1999] EWCA Crim … Continue reading Attorney General’s Reference No 1 of 1999 (Newberry): CACD 16 Mar 1999
The defendant had given no answers during his police interview, but instead his solicitor read out a full written statement of his case. At trial, he did not depart from the statement thus provided. He appealed after the judge allowed the jury to make adverse inferences from his silence, on the basis that it had … Continue reading Regina v Knight: CACD 29 Jul 2003
At his trial for murder, the defendant had not given evidence, and the court had allowed the jury to draw proper inferences under s35. Held: The JSB direction ‘on drawing inferences [i]s sufficiently fair to defendants, emphasising as it does that the jury must conclude that the only sensible explanation of his failure to give … Continue reading Regina v Becouarn: HL 28 Jul 2005
Citations: [2006] EWCA Crim 1716 Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: England and Wales Cited by: Cited – Regina v Boyle and Another CACD 25-Aug-2006 The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences … Continue reading Regina v Adetoro: CACD 2006
Appeal against conviction for burglary: ‘The appeal is concerned only with the directions given to the jury as to the inferences which they might draw after the appellant absconded during the course of his trial.’ Held: The direction was faulty, but the evidence was strong and there had been no miscarriage of justice. Judges: Kennedy … Continue reading Gough, Regina v: CACD 8 Nov 2001
Appeal by way of case stated from the decision of the Liverpool, Knowsley and St Helens Magistrates’ Court that the respondents, Miriam Instone and Peaceful Warrior, had no case to answer in respect of an alleged offence of aggravated trespass contrary to s.68(1) of the Criminal Justice and Public Order Act 1994 Judges: Lord Burnett … Continue reading Director of Public Prosecutions v Instone and Another: Admn 15 Jul 2022
The defendant appealed against his conviction for preparing for terrorist offences, saying that the judge should not have allowed inferences to be drawn from from his decision not to give evidence. He had brought evidence that his physical or mental condition was such as to make it undesirable for him to give evidence. Judges: Hughes … Continue reading Tabbakh, Regina v: CACD 3 Mar 2009
The defendant appealed a conviction for buggery of a complainant under the age of 16, saying that he had a genuine belief that the boy had been of age. Held: Buggery was not an absolute offence. The amendments to the 1956 Act did not signify that the age related offence should be one of strict … Continue reading Regina v Kumar: CACD 16 Dec 2004
Application of section 34 of the Criminal Justice and Public Order Act 1994 in a case where there are two or more defendants and it is a co-defendant rather than the prosecution which submits that the jury may draw an adverse inference from a defendant’s failure to put forward in police interviews the explanation which … Continue reading Regina v Dellaway and Moriarty: CACD 7 Apr 2000
Unlawful occupation of land by travellers Judges: Anthony Elleray QC Sitting as a Deputy High Court Judge Citations: [2022] EWHC 1731 (Admin) Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 77 Jurisdiction: England and Wales Land Updated: 15 July 2022; Ref: scu.679104
The claimant sought judicial review of a decision of the magistrates not to issue summonses against two police officers. She had been demonstrating near a US base, but had refused to intervene and allowed a US officer to unlawfully arrest and detain and assault her. Held: Applying Klahn and Latham, there was clear evidence to … Continue reading Percy, Regina (on the Application of) v Corby Magistrates’ Court: Admn 7 Feb 2008
The judge had failed in his direction to remind the jury that they had to find a case to answer before drawing any adverse inference from the defendant’s silence at trial Held: The court must be careful not to omit any elements of the standard directions to the jury on the drawing of inferences from … Continue reading Regina v Birchall: CACD 20 Jan 1998
The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences to be drawn. Held: The appeals failed. Whilst the direction on s34 was defective, it had in fact steered the jury away from drawing adverse inferences, and if properly … Continue reading Regina v Boyle and Another: CACD 25 Aug 2006
The claimant sought judicial review of the authority’s distribution to the media of a CCTV film of his attempted suicide. Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection. Judges: Harrison J Citations: Times 18-Dec-1997, [1997] EWHC Admin 1041 … Continue reading Regina v Brentwood Borough Council Ex Parte Peck: Admn 18 Dec 1997
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006
The defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, and that an inference could be drawn under section 34. Under cross examination she … Continue reading Loizou, Regina v: CACD 14 Jul 2006
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
Before removing travellers from land, the Local Authority must make proper enquiries on the relevant statutory matters. Citations: Times 22-Sep-1995 Statutes: Criminal Justice and Public Order Act 1994 77 Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88278
The court considered the drawing of adverse inferences form an accused’s silence in the police station when this was under legal advice: ‘The question in the end, it is for the jury, is whether regardless of advice, genuinely given and genuinely accepted, an accused has remained silent not because of that advice but because he … Continue reading Regina v Hoare and Pierce: CACD 2 Apr 2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution. Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a fact relied on in his defence for the purpose of section … Continue reading Regina v Webber: HL 22 Jan 2004
M was convicted of possessing a class A drug with intent to supply. His defence at trial was that W was the dealer and he was merely a purchaser. He had not mentioned this to the police when questioned, on the ground (he said) that he did not want to land W in trouble. The … Continue reading Regina v Mountford: CACD 21 Dec 1998
The court set down the general approach to be taken where a suspect refused to answer questions put during his interview by the police. Judges: Lord Justice Laws Mr Justice Newman Sir Richard Tucker Citations: [2003] EWCA Crim 1, [2003] Crim LR 405 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: … Continue reading Howell v Regina: CACD 17 Jan 2003
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015
The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002
The applicants sought to test the human rights compatibility of the section when applied to gypsies. The travellers sought to stay on land within the district. The local authority used its policy, and agreed to tolerate the encampment for a short time. There was a serious incident with police officers being held temporarily. After refusing … Continue reading Regina (on the Application of Fuller, Wright, Tarr and Booth) v Chief Constable of Dorset Police and Another: Admn 12 Dec 2001
The defendant had stayed silence at interview, and later at charge. During the trial, the judge ruled that the failure to answer questions at interview was inadmissible, but left to the jury the possibility of drawing adverse inferences from the silence at charge. He appealed. Held: So long as the fairness of the trial was … Continue reading Regina v Dervish and Another: CACD 12 Dec 2001
The applicant had been convicted of aggravated trespass. She had gone onto farm land and destroyed genetically modified crops. She appealed. Held: For the offence of aggravated trespass, it was necessary to show unlawful interference with activities carried out on land by people present on the land. The definition implied the intimidation of others which … Continue reading Tilly v Director of Public Prosecutions: QBD 16 Oct 2001
The case concerned an appeal following a demonstration. The Chief constable had made an order under section 60, anticipating serious violence. The respondent wore a mask, and the officer reached out to remove it. She hit out and broke his glasses. He did nothing to identify himself or the purpose of his action. Magistrates decided … Continue reading Director of Public Prosecutions v Avery: QBD 11 Oct 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 13The respondent government conceded that the absolute ban on the grant of bail to section 25 defendants provided for by section 25 violated article 5(3), insofar as it prohibited the grant of bail to defendants accused of … Continue reading SBC v The United Kingdom: ECHR 19 Jun 2001
Where during a police interview, the defendant had maintained silence without stating facts which went to the heart of his defence, it was proper for the judge to refer to the section which would allow the jury to make proper inferences from that silence. The judge should consider carefully the model direction provided by the … Continue reading Regina v Gowland-Wynn: CACD 26 Nov 2001
The defendant appealed against his conviction for serious sexual assaults, saying that the court had wrongly allowed an inference to be drawn from his failure to answer questions during interview. He had at first refused to respond and said that his legal advice had been not to do so being affected by drink. He had … Continue reading Regina v Morgan: CACD 28 Feb 2001
Reader gave a no comment interview and did not testify at trial, because it was common ground that his counsel had done no more than put the prosecution to proof. Held: A setion 34 direction was wrong under these circumstances. Judges: Buxton LJ, Rougier J, The Common Serjeant of London Citations: [1998] EWCA Crim 1226 … Continue reading Regina v Reader, Connor, Hart: CACD 7 Apr 1998
The defendant had been convicted of involvement in a group attack. He had lied at the police station, and had not given some of the explanation he later gave at court. He appealed on the ground of the judges direction as to the evidence. The judge had failed to spell out the Lucas direction to … Continue reading Regina v Hussain: CACD 23 Apr 1998
Where the judge decided that no inference could be drawn from the defendant’s silence, because of the absence of facts which could have been mentioned, he had a duty positively to warn the jury not arbitrarily to draw adverse inferences from the silence. He had been wrong to leave it open to the jury to … Continue reading Regina v McGarry: CACD 16 Jul 1998
Application for interim injunction to prevent traveller families occupying certain lands. Judges: Patterson DBE J Citations: [2015] EWHC 953 (QB) Links: Bailii Statutes: Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Local Government, Planning Updated: 30 May 2022; Ref: scu.545603
The powers of a Youth Court to impose detention in a secure training centre are quite new powers, and are not limited by previous rules limiting a total sentence to six months. The limits covered explicitly certain sentences, and not the new ones. It was therefore possible for a Youth Court to impose a sentence … Continue reading Regina v Medway Youth Court ex parte A: Admn 10 Jun 1999
Hunt saboteurs set out to disrupt a hunt, and were accused of offences of aggravated trespass under the 1994 Act. They defended saying that they had been prevening unlawful activities. They brought evidence that at the outset of the hunt, two whippers-in had strayed from the land over which the hunt had permission to ride … Continue reading Nelder and Others v Crown Prosecution Service: Admn 3 Jun 1998
Citations: [1997] EWHC Admin 613 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 78 Land Updated: 26 May 2022; Ref: scu.137558
A Local authority must investigate the personal circumstances of a tenant before seeking an eviction order. Citations: Times 02-Jan-1997, [1996] EWHC Admin 377 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 77(1) Housing Updated: 25 May 2022; Ref: scu.136925
The defendants had sought to demonstrate against the use of a quarry. On the day, the quarry had been announced to be closed. They were charged with disrupting activities at the site and aggravated trespass. Held: Even if the demonstrators had anticipated that no quarrying activities would be interrupted, it was clear that as trespassers … Continue reading Lucy and Others v Director of Public Prosecutions: Admn 22 Nov 1996
The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention. Held: The claimant’s appeal failed. There was no deprivation of liberty within the meaning of article 5, and nor … Continue reading Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others: CA 4 Feb 2014
The offence of intimidation does not require the presence of the attacker and the victim together in one place. Citations: Times 02-Apr-1996 Statutes: Criminal Justice and Public Order Act 1994 51(1) Crime Updated: 19 May 2022; Ref: scu.80034
The information against the derendants alleged no more than that the accused had ‘unlawfully occupied the site and that they had done so with the intention specified in s.68’ of the 1994 Act. Held: The information did not disclose any offence known to the law. Section 68 makes it plain that to prove an offence … Continue reading Crown Prosecution Service v Barnard and Others: QBD 3 Nov 1999
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
Where a defendant absconded and failed to give evidence, it was not right for the judge to direct the jury that his failure to give evidence because of his absconding allowed the drawing of adverse inferences. Before such an inference could be drawn, the defendant had to have the consequences of his failure to give … Continue reading Regina v Gough (Stephen): CACD 8 Nov 2001
D appealed a conviction after direction under s34. Held: The appeal failed. ‘Section 34 is designed, in part at any rate and perhaps principally, to deal with the sort of situation which not infrequently arises where a defence is advanced which has never been previously indicated even though there was sufficient opportunity to do so, … Continue reading Regina v Hearne and Coleman: CACD 4 May 2000
In the police station, the defendant had declined to answer police question, but had instead provided a written statement. Held: The practice had the danger that if, at trial, he discovered that something had been omitted from the statement, an inference might be sought to be drawn under the section. Here the written statement broadly … Continue reading Regina v Turner: CACD 6 Nov 2003
D complained that the judge had relied upon an inference under section 34 when holding that he had a case to answer. Held: The judge was wrong to do so: ‘The sort of circumstances we conceive to which paragraph (c) of subsection (2) [of section 34] applies are, for example, where the defence has involved … Continue reading Regina v Hart and Mclean: CACD 23 Apr 1998
The operation of section 35 is not to be reduced or marginalised. Judges: Lord Taylor of Gosforth CJ Citations: (1995) 161 JP 16 Statutes: Criminal Justice and Public Order Act 1994 35 Jurisdiction: England and Wales Cited by: Cited – Regina v Becouarn HL 28-Jul-2005 At his trial for murder, the defendant had not given … Continue reading Regina v Napper: CACD 1995
The appellant, who had previous convictions, did not give evidence, and the trial judge gave a direction in accordance with section 35. Held: The Court rejected a submission by the appellant’s counsel that the judge should have not have told the jury that they could draw inferences from the defendant’s failure to give evidence. Judges: … Continue reading Regina v Taylor: CACD 1999
The defendant had when at the police station refused to leave his cell to attend for interview. At trial, the judge said that the jury could take account of this as a failure to mention when questioned, something which he now wished to rely upon. Held: No questioning had taken place, and the inference could … Continue reading Regina v Johnson; Regina v Hind: CACD 11 Apr 2005
s34 is ‘a notorious minefield’. Judges: Dyson LJ Citations: [2003] EWCA Crim 3080[2003] EWCA Crim 3080, Times 15-Dec-2003 Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: England and Wales Cited by: Cited – Beckles, Regina v CACD 12-Nov-2004 The appellant had been convicted in 1997 of robbery and false imprisonment. His case was … Continue reading Regina v B (K J): CACD 1 Dec 2003
Citations: [2001] Cr App R 160 Statutes: Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Cited by: Per incuriam – Regina v Gowland-Wynn CACD 26-Nov-2001 Where during a police interview, the defendant had maintained silence without stating facts which went to the heart of his defence, it was proper for the judge … Continue reading Regina v Gill: CACD 2001
A defendant had been previously convicted of a non-consensual buggery. On conviction for a later offence, the question arose of whether this was a serious sexual offence requiring the application of a mandatory life sentence. Buggery had not been on the list of serious offences, but non-consensual buggery had later been defined as equivalent to … Continue reading Regina v Wood (Stephen Robert): CACD 21 Apr 2000
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and therefore not requiring a licence under section 7. Held: It was not possible to argue … Continue reading Oddy, Regina (on the Application of) v Bugbugs Ltd: Admn 12 Nov 2003
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used. Held: The test was: ‘is the vehicle concerned used (or primarily used) for conveying the sick, the … Continue reading Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009
Chasing hunt to get close enough to disrupt it is enough to commit offence. Citations: Times 14-Aug-1996 Statutes: Criminal Justice and Public Order Act 1994 68 Jurisdiction: England and Wales Crime Updated: 10 April 2022; Ref: scu.90564
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995
Failure to give mandatory warning as to consequences of failure to give evidence was not fatal to conviction after clear no inference drawn. Citations: Times 11-Mar-1998 Statutes: Criminal Justice and Public Order Act 1994 35(2) Criminal Practice Updated: 09 April 2022; Ref: scu.87067
Sets procedures to follow at prosecution close with regard to defendant’s choice whether to give evidence. Citations: Gazette 05-Jul-1995 Statutes: Criminal Justice and Public Order Act 1994 35 Criminal Practice Updated: 09 April 2022; Ref: scu.84952
Practice direction on what a Judge is to do about warning Defendant of the need to give evidence to avoid proper inferences being drawn from his silence under the Act. Citations: Times 12-Apr-1995 Statutes: Criminal Justice and Public Order Act 1994 35(2) Criminal Practice Updated: 09 April 2022; Ref: scu.84875
Charge alleging breaches of several limbs of offence was not bad for duplicity where the concepts were overlapping. Same actus reus with three effects was not three offences Citations: Times 11-Jun-1998 Statutes: Criminal Justice and Public Order Act 1994 68(1) Crime Updated: 09 April 2022; Ref: scu.84243
The Minister sought an order to restrain the respondent Association distributing to its members a leaflet recommending withdrawal of ‘voluntary activities’ Held: Order granted. Judges: Jay J Citations: [2017] EWHC 1839 (QB), [2017] WLR(D) 485 Links: Bailii, WLRD Statutes: Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Prisons, Employment Updated: 05 April … Continue reading Ministry of Justice v The Prison Officers’ Association: QBD 19 Jul 2017
Appeal from finding of no case to answer on allegations of aggravated trespass and failing to leave property when directed so to do by a police officer – whether ‘land in the open air’ in the section included buildings. Held: ,The District Judge misconstrued land in section 68 and was wrong to dismiss the informations … Continue reading Director of Public Prosecutions v Chivers: Admn 23 Jun 2010
Magistrate considering application for order removing people unlawfully from land did not have discretion not to grant one if the application was made out. Citations: Times 22-Jul-1997 Statutes: Criminal Justice and Public Order Act 1994 77 Jurisdiction: England and Wales Land Updated: 28 March 2022; Ref: scu.89247
The applicants, travellers, sought to challenge orders under the Act requiring them to move on. Held: The authority had made appropriate enquiries for their protection and leave was refused. [1997] EWHC Admin 1079 Criminal Justice and Public Order Act 1994 74 England and Wales Land Updated: 04 January 2022; Ref: scu.138024
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and had acted accordingly under the 1980 Act. Held: The appeal failed. The inspector’s … Continue reading McCann v Crown Prosecution Service: Admn 21 Aug 2015
‘The focus of the application is on the judge’s ruling on whether to give a direction under section 34 of the Criminal Justice and Public Order Act 1994 (‘a section 34 direction’) in relation to the applicant’s failure to mention in interview that the complainant ‘AB’ had fallen asleep in his car and that he … Continue reading Noor, Regina v: CACD 12 Nov 2021
The defendants sought leave to appeal against their convictions for robbery, and the Attorney-General appealed against sentences. The case was based largely on telephone call logs. Held: Leave to appeal was refused to the defendants. The extent of circumstantial evidence was persuasive. Leave to appeal was granted to the Attorney-General and the sentences increased. Fulford … Continue reading Esprit and Others, v Regina: CACD 3 Oct 2014
The defendants had protested against the activities of a shop, by trespassing. They were said to have committed the offence of aggravated trespass under section 68 of the 1994 Act. They objected in part that this infringed their article 10 right of free speech. Held: The postulated offences all were either not demonstrated to have … Continue reading Richardson and Another v Director of Public Prosecutions: SC 5 Feb 2014
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
A direction to a jury about an accused person’s silence during police questioning was inadequate to protect the right to a fair trial. The applicants had been advised by their solicitor to remain silent during interview because they were withdrawing from heroin. The judge allowed the jury the option of drawing an adverse inference from … Continue reading Condron v The United Kingdom: ECHR 2 May 2000
The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said this amounted to an infringement of legal professional privilege. Held: Wilmot was not authority … Continue reading Seaton v Regina: CACD 13 Aug 2010
Adverse inference – no direct questions Appeal from conviction – wrongful use of section 34 of 1994 Act after no comment interview. The defendant argued that no actual questions had been asked. Held: The appeal failed: ‘in order for the section to operate it is necessary that the defendant is being questioned under caution and … Continue reading Green, Regina v: CACD 1 Mar 2019