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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

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

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

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

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

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

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

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

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 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

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

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

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

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

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