The defendants were said to have been found in possession of false passports. They successfully argued that the offence charged under the 1981 Act had been repealed by the 2006 Act. The prosecutor argued that a Schedule only came into effect when explicitly made to come into effect. Held: The prosecutor’s appeal succeeded. The 2006 … Continue reading Crown Prosecution Service, Regina (on the Application of) v Bow Street Magistrates Court and others: Admn 18 Jul 2006
ICO This Decision Notice has been issued against the OGC following communications between the Commissioner, HM Treasury and the OGC, subsequent to which it has been accepted that the information requested by the complainant in the case of FS50083104 was in fact a request to the OGC and not HM Treasury. The Decision Notice issued … Continue reading Office of Government Commerce (Decision Notice): ICO 5 Oct 2006
ICO The complainant made a request for information about Gateway Reviews of the identity cards programme which had been carried out by the OGC, who refused to provide the information on the grounds that it related to the formulation and development of government policy (section 35) and that disclosure would prejudice the exercise of its … Continue reading Office of Government Commerce (Decision Notice): ICO 31 Jul 2006
ICO On 1 January 2005 the complainant requested information regarding the compatibility of the Identity Cards Bill and the Human Rights Act. The Home Office acknowledged receipt of the request on the 6 January 2005 but failed to respond to the request within 20 working days; writing to the complainant on 2 February 2005 to … Continue reading Home Office (Decision Notice): ICO 23 Jan 2006
The complainant made a request to know the traffic light status awarded to Gateway Reviews of the Identity cards programme which had been carried out by the Office of Government Commerce, an independent office of the Treasury. The information was . .
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Judges: Lady Justice Whipple Mrs Justice Mcgowan And Mrs Justice Ellenbogen Citations: [2022] EWCA Crim 1428 Links: Bailii Statutes: Identity Cards Act 2006 25(1) Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.682325
Appeal from old conviction on guilty plea. Judges: Lady Justice Simler Mrs Justice Cheema-Grubb And Mrs Justice Cockerill Citations: [2022] EWCA Crim 1326 Links: Bailii, Judiciary Statutes: Identity Cards Act 2006 25(1)(c) Jurisdiction: England and Wales Crime Updated: 03 November 2022; Ref: scu.681843
Citations: [2009] EWCA Crim 452, [2009] Crim LR 605, [2009] 2 Cr App R (S) 91 Links: Bailii Statutes: Identity Cards Act 2006 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 October 2022; Ref: scu.341578
The defendant appealed from his conviction for using a false identity card. Though he had such a card, he said that it had not been shown that he had intended to use it as required ‘for establishing registrable facts about himself’ The driving licence had his correct name but the wrong data for his birth … Continue reading Jamalov, Regina v: CACD 9 Feb 2010
The defendant had used a false Nigerian passport to support a cheque cashing and was convicted on her admission of possession of a false identity document with intent. She appealed a sentence of 15 months imprisonment. Held: The use for which the passport was intended was relevant when sentencing. Here the defendant was obtaining only … Continue reading Regina v Omotade: CACD 1 Aug 2008
The defendant appealed against a sentence of 15 months imprisonment for the use of a false identity card. On a street search he had been found to be holding the card. Judges: Toulson LJ, Davis, Underhill JJ Citations: [2007] EWCA Crim 2165 Links: Bailii Statutes: Identity Cards Act 2006 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v Zenasni: CACD 5 Sep 2007
The defendant had been asked by a police officer to identify himself after an accident. He produced a Czech driving licence which he knew to be false, even though it gave his correct name. Held: His appeal failed. The charge was not in misidentifying himself, but in producing an identity document which he knew to … Continue reading Regina v Jamalov: CACD 8 Dec 2009
The applicant pleaded guilty to one count of possession or control of a false document with the intention of using it to establish a registrable fact. Citations: [2007] EWCA Crim 3426 Links: Bailii Statutes: Identity Cards Act 2006 2591) Jurisdiction: England and Wales Crime Updated: 28 July 2022; Ref: scu.278934
Citations: [2018] EWCA Crim 2468 Links: Bailii Statutes: Fraud Act 1988, Identity Cards Act 2006 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.628203
The defendants sought leave to appeal their convictions for having in their possession false identity documents with the intention to use them to establish a fact registrable under the Act, saying that since the Act had not yet implemented any register they could not be guilty. Held: Leave was refused. The definitions in the section … Continue reading Regina v Soule, Ali; Regina v Bombatu: CACD 23 Jan 2007
The court considered the defence available to a refugee under the 1999 Act when charged with the offence of having in his possession or under his control an identity document that either to his knowledge or belief is false, or to his knowledge or belief was improperly obtained or that relates to someone else. Held: … Continue reading Regina v Mohamed: CACD 19 Oct 2010
Judges: Lady Justice Simler DBE, Mr Justice Spencer, The Recorder of Liverpool, His Honour Judge Menary QC, (Sitting as a Judge of the Cacd) Citations: [2021] EWCA Crim 1629 Links: Bailii Statutes: Identity Cards Act 2006 25 Jurisdiction: England and Wales Crime Updated: 08 April 2022; Ref: scu.669839
[2015] EWCA Crim 1924 Bailii Identity Cards Act 2006 25(1)(a) England and Wales Crime Updated: 12 January 2022; Ref: scu.561470
The defendants appealed against convictions for documentation offences after having pleaded guilty. They were said to have used the ID of a deceased Euroean resident to obtain entry. It was acknowledged by the prosecutor that the wrong subsection had been used to base the charge. Held: The appeals succeeded in part. Some flaws were fundamental, … Continue reading Boateng v R: CACD 16 Mar 2016
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence under the 2006 Act. The police secured expert evidence from the National Document Fraud … Continue reading Zenati v Police of The Metropolis and Another: CA 11 Feb 2015
Appeal from conviction of three identity document offences and five dishonesty offences. They were: one offence of possession of an improperly obtained identity document with intent, contrary to section 25(1)(b) of the Identity Cards Act 2006 (count 1), two offences of possession of an identity document with improper intention, contrary to section 4(1) and (2) … Continue reading Yousefi, Regina v: CACD 3 Jun 2020
Each appellant had been convicted upon their admission on legal advice of attempting to rely upon a false travel document to secure entry to the UK as a refugee. In each case a defence may have been available under section 31 of the 19 Act. Leveson, Fulford LJJ, Spencer J [2013] EWCA Crim 1372, [2013] … Continue reading Mateta and Others, Regina v: CACD 30 Jul 2013
[2008] EWCA Crim 676 Bailii Identity Cards Act 2006 25(5) England and Wales Criminal Sentencing Updated: 19 November 2021; Ref: scu.269980
The claimant challenged being charged with an offence under the 2006 Act, saying that it engaged and interfered with her Article 8 Human Rights. A Somali national, she fled, claiming asylum here, but her travel documents were found to be false. All agreed that she could not have obtained valid documents in Somalia. Held: Her … Continue reading SXH v Crown Prosecution Service: CA 6 Feb 2014
The defendant appealed against his sentence for the use of a false passport to support his application to obtain employment. Held: The use of a false passport will normally lead to a sentence of imprisonment, but at such a length as to reflect the fact that this was a less serious offence than a use … Continue reading Regina v Ovieriakhi: CACD 26 Feb 2009
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK … Continue reading Aziz v Aziz and others: CA 11 Jul 2007
Reasonability Test of Post Employment Restriction The court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than adequate protection to a covenantee’s relevant legitimate interests if the evidence shows that a covenant in another form, much less … Continue reading Office Angels Ltd v Rainer-Thomas: CA 1991
IT Sections 33(1)(b) and (2) and 35(a)(iii) Freedom of Information Act 2000 – meaning of prejudice in section 33 – balance of public interest in relation to reports regarding project management controls . .
