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PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

S and Another, Regina v: CACD 27 Jan 2009

Appeal from ruling that the defence of necessity was not available to the defendants at their trial for employing unlicensed security guards. Citations: [2009] EWCA Crim 85, [2009] 2 Cr App Rep 11, [2009] Crim LR 723 Links: Bailii Statutes: Criminal Procedure and Investigations Act 1996 29(1) Jurisdiction: England and Wales Crime Updated: 13 June … Continue reading S and Another, Regina v: CACD 27 Jan 2009

Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004): CACD 29 Apr 2004

The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which could result in a reasonable court or jury determining the issue which is the subject of … Continue reading Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004): CACD 29 Apr 2004

Regina v Alibhai and Others: CACD 30 Mar 2004

The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant whose evidence had contained many demonstrable lies. Held: Longmore LJ said: ‘the Crown does have obligations in respect of material in the hands … Continue reading Regina v Alibhai and Others: CACD 30 Mar 2004

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service: CACD 21 Jul 2004

The court considered the extent to which the defendants in the proceedings can rely on their beliefs as to the unlawfulness of the United Kingdom’s actions in preparing for, declaring, and waging war in Iraq in 2003 in a defence to a charge of criminal damage. Held: International law was to be allowed for in … Continue reading Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service: CACD 21 Jul 2004

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

AB and Others, Regina v: CACD 28 Apr 2017

The defendants challenged the power of the local authority to maintain a private prosecution of them on counts of alleged fraud. It was purpotrting to act in effect as a profit making branch of the local authority offering such legal services to CPS. Held: The Council had no such power, though the prosecution had now … Continue reading AB and Others, Regina v: CACD 28 Apr 2017

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

Mayende and Others, Regina v: CACD 25 Sep 2015

Several soldiers appealed against assorted serious offences committed in Germany. They now appealed against conviction and sentence. They complained of failures in the disclosure as to failings in the police investigation process. Held: The appeals failed. There had been failings by the police investigating the matter, particularly as to the recording of their investigations, however … Continue reading Mayende and Others, Regina v: CACD 25 Sep 2015

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Aslakhanova And Others v Russia: ECHR 18 Dec 2012

ECHR Article 46-2Execution of judgmentMeasures of a general characterRespondent State required to take measures to resolve systemic problems with criminal investigations into missing personsFacts – The cases concerned five joined applications lodged by families who complained about the disappearance of their eight male relatives in Grozny or the Grozny District between March 2002 and July … Continue reading Aslakhanova And Others v Russia: ECHR 18 Dec 2012

Nunn v Suffolk Constabulary and Another: Admn 4 May 2012

The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team. Held: Permission to apply for review was granted, but the claim failed. ‘It is necessary to show something that materially may cast doubt upon the safety … Continue reading Nunn v Suffolk Constabulary and Another: Admn 4 May 2012

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another: SC 18 Jun 2014

Limits to Duty To Investigate The claimant had been convicted of a murder. He continued to protest his innocence, and now sought judicial review of the respondent’s decision not to act upon his requests for further investigations which might prove his innocence. Held: The Appeal failed. Where new information did come to light there was … Continue reading Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another: SC 18 Jun 2014

HM Attorney General v MGN Ltd and Another: Admn 29 Jul 2011

The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun ran stories which were so vivid that the Attorney-General said, they … Continue reading HM Attorney General v MGN Ltd and Another: Admn 29 Jul 2011

Regina v Khan and Others: CACD 7 Oct 2011

The appellants challenged their convictions for the fraudulent use of falsely completed applications to vote by post. They said that the prosecutors had failed properly to disclose other postal applications also suspected and collected by the returning officer who, under the Code of Practice was a ‘delegated investigator’ with associated duties. Held: Appeals were variously … Continue reading Regina v Khan and Others: CACD 7 Oct 2011

In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000

Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000

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

In re Kanaris (application for a writ of Habeas Corpus): HL 30 Jan 2003

The defendant faced charges with others on the same indictment. The judge called a preparatory hearing under the 1996 Act, against the others, but held a separate hearing for the defendant, at which he held a similar preparatory hearing for him alone. The defendant now complained that a separate hearing could not be held for … Continue reading In re Kanaris (application for a writ of Habeas Corpus): HL 30 Jan 2003

Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002

The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002

Regina v Norfolk Stipendary Magistrates ex parte Keable: Admn 29 Jan 1998

A police investigation into an offence not yet committed, did not count as an investigation into that offence for the purposes of setting the start date under the Act. Citations: Times 05-Feb-1998, [1998] EWHC Admin 108, [1998] CLR 510 Links: Bailii Statutes: Criminal Procedure and Investigations Act 1996 1(3) Cited by: Cited – Brizzalari v … Continue reading Regina v Norfolk Stipendary Magistrates ex parte Keable: Admn 29 Jan 1998

McGreevy v Director of Public Prosecutions: HL 1973

No Need for Direction on Circumstantial Evidence M was charged with murdering Margaret Magee in her house. no one claimed to have seen the murder and the evidence was entirely circumstantial. When he was first tried, the jury failed to reach a verdict, but at a subsequent trial he was found guilty and sentenced to … Continue reading McGreevy v Director of Public Prosecutions: HL 1973

Regina v Y (Sexual Offence: Complainant’s Sexual History): CACD 8 Mar 2001

A defendant in an allegation alleging a sexual offence and wanting to introduce evidence of the complainant’s sexual history, could not do so as evidence of the consent of the complainant. He may be able to do so however on the issue of his own belief as to her consent, and where he alleged recent … Continue reading Regina v Y (Sexual Offence: Complainant’s Sexual History): CACD 8 Mar 2001

Regina v G (Autrefois acquit): CACD 25 May 2001

Where on a previous occasion the defendant had been acquitted with a formal verdict, after the prosecution had offered no evidence, it was not open to the prosecution later to return and allege a more serious offence based upon the same facts. The defendant was entitled to the benefit of the plea of autrefois acquit. … Continue reading Regina v G (Autrefois acquit): CACD 25 May 2001

Regina v Tibbs: CACD 28 Feb 2000

The meaning of a defence as included in a defence statement refers to a defence in its general sense. Where the facts supporting a defence statement differed when the matter came to trial it was correct for the defendant to be cross-examined about the differences, even though the defence, in its more narrow legal definition, … Continue reading Regina v Tibbs: CACD 28 Feb 2000

H, Regina v Re Interlocutory Application: CACD 7 Jul 2006

The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure would not form part of the material to be considered in a preparatory hearing as such, there was no right of appeal. Judges: Maurice Kay LJ, Crane, Dobbs JJ … Continue reading H, Regina v Re Interlocutory Application: CACD 7 Jul 2006

Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001

The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might be admitted. The prosecutor said there was no right of appeal. Held: (publication having been held back) Since the issues would have been heard in the absence of the … Continue reading Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001

SEH, Regina v: CACD 1 Nov 2016

Appeal against refusal of judge to stay proceedings as an abuse of process. Treacy LJ, Cheema-Grubb J, Sir Steohen Silber [2016] EWCA Crim 1609 Bailii Criminal Procedure and Investigations Act 1996 359(1) England and Wales Crime Updated: 24 January 2022; Ref: scu.570718

Green v Chief Constable of South Wales Police: Admn 10 May 2006

The defendant appealed his conviction for speeding, saying that the magistrates had refused to order disclosure of the police video recording of the events, seeing no issue to which the tape would be relevant. Held: The defendant had no absolute right of disclosure. The court had been correct to refuse an order for its disclosure … Continue reading Green v Chief Constable of South Wales Police: Admn 10 May 2006

Kelly v Regina: CACD 15 May 2015

Appeal against a conviction for murder brought upon one issue, namely whether a failure by the prosecution to make proper disclosure under the Criminal Procedure and Investigations Act 1996 rendered the trial of the appellant unfair and the verdict unsafe. Held: The risk of injustice that a circumstantial evidence direction is designed to confront is … Continue reading Kelly v Regina: CACD 15 May 2015

Regina v E: CACD 26 Apr 2004

The court was asked as to the permissibility of admitting covert recordings of the accused’s car by investigating officers, which recorded the accused’s words as they spoke into their telephones. The defendants said that this amount to interception of the calls. Held: If what happened was interception, evidence of the content of any telephone calls … Continue reading Regina v E: CACD 26 Apr 2004

Regina v H; Regina v C: HL 5 Feb 2004

Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004

K, Regina v: CACD 28 Jul 2009

The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009

Regina v Shayler: CACD 28 Sep 2001

Duress as Defence not closely Defined The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made in the public interest. He appealed against a judgment that the … Continue reading Regina v Shayler: CACD 28 Sep 2001

Regina v Lee: CACD 24 Jun 2010

The defendant pharmacist faced a charge of supplying a medicinal product with a misleading label, an offence under section 85 of the 1968 Act. Working as a locum in a busy supermarket pharmacy she had signed off a mislabelled prescription. The patient ended up in hospital. After directions as to the law, she pleaded guilty. … Continue reading Regina v Lee: CACD 24 Jun 2010

Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Regina v Director of Public Prosecutions, ex parte Lee: Admn 18 Mar 1999

Application for judicial review of CPS decision on disclosure of evidence before committal. Held: The court recognised an ongoing duty of disclosure from the time of arrest. At the stage before committal, there are continuing obligations on the prosecutor to make such disclosure as justice and fairness may require in the particular circumstances of the … Continue reading Regina v Director of Public Prosecutions, ex parte Lee: Admn 18 Mar 1999

Regina v Crown Prosecution Service, Re Interlocutory Application: CACD 7 Sep 2005

The defendants in a forthcoming trial had applied for disclosure of surveillance tapes (some 15,000 hours) made during the investigations anticipating an application for a finding of abuse of process. Some had been served, but the prosecutor now appealed asking whether the protection of the defendants’ human rights required the disclosures. Judges: Rose VP LJ, … Continue reading Regina v Crown Prosecution Service, Re Interlocutory Application: CACD 7 Sep 2005

Regina v Uxbridge Magistrates Court, Ex Parte Patel; Regina v City of London Magistrates Court, Ex Parte Cropper: QBD 7 Dec 1999

There is no rule to say that the investigation of an offence cannot begin until after it has been committed. For the Act, the meaning of ‘criminal investigation’ has the same meaning in Part I as in Part II, and accordingly, where an investigation into an offence begins before the cut off point after which … Continue reading Regina v Uxbridge Magistrates Court, Ex Parte Patel; Regina v City of London Magistrates Court, Ex Parte Cropper: QBD 7 Dec 1999

Regina v Director of Public Prosecutions, Ex P Lee: QBD 26 Apr 1999

A prosecutor should consider disclosure of matters proper for disclosure before committal, though not beyond old obligations. This might include convictions of prosecution witnesses, matters suggesting abuse of process, or against committal. Citations: Times 26-Apr-1999 Statutes: Criminal Procedure and Investigations Act 1996 Criminal Practice Updated: 09 April 2022; Ref: scu.85232

WV, Regina (on The Application of) v Crown Prosecution Service: Admn 1 Sep 2011

WV brought an application for permission to apply for judicial review to quash a decision of the Crown Prosecution Service (CPS) to disclose to the defence in a trial his identity as a person providing information to the police without applying to the trial judge for a ruling that information relating to WV’s identity is … Continue reading WV, Regina (on The Application of) v Crown Prosecution Service: Admn 1 Sep 2011

Regina v Rochford: CACD 28 Jul 2010

The defendant appealed against sentence after being found in contempt. His lawyers had filed a defence statement, based on the defendant’s case, which the judge felt was inadequate. It was said that the defendant was in contempt after failing to amend it as required by the judge. He appealed against a sentence of imprisonment. Held: … Continue reading Regina v Rochford: CACD 28 Jul 2010

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful 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 undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995

The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside. Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good law, but a child is not capable at law without the requisite … Continue reading C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995

Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002

The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002