(Redacted) The court was asked to consider the meaning of ‘torture’ from events in a rebellion in Liberia in 1990. The CACD certified the following point of law of general public importance: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; … Continue reading Taylor, Regina v: SC 13 Nov 2019
The prosecution appealed against the refusal of the crown court to remit the case for retrial. Held: The court had no jurisdiction to entertain an appeal against this ruling because it was not within the ambit of section 29(2) of the 1996 Act. That may be satisfactory because it seemed to be common ground that … Continue reading Regina v Van Hoogstraten: CACD 12 Dec 2003
The combination of the 1996 Act and the Criminal Procedure Rules had or at least were designed to abolish what was known as trial by ambush. Judges: Thomas LJ, Henriques, Openshaw JJ Citations: [2010] EWCA Crim 1155, [2010] Crim LR 936 Links: Bailii Statutes: Criminal Procedure and Investigations Act 1996 Jurisdiction: England and Wales Cited … Continue reading Penner, Regina v: CACD 5 May 2010
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
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
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
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
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 . .
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