Search Results for: Police and Criminal Evidence Act 1984 22

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Scopelight Ltd and Others v Chief Of Police for Northumbria and Others: QBD 7 May 2009

Citations: [2009] EWHC 958 (QB) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 22 Jurisdiction: England and Wales Cited by: Appeal from – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009 The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made … Continue reading Scopelight Ltd and Others v Chief Of Police for Northumbria and Others: QBD 7 May 2009

Wiltshire Constabulary v McDonagh: QBD 8 Apr 2008

The claimant said that the retention by the police of items belonging to her infringed her human rights. Judges: Plender J Citations: [2008] EWHC 654 (QB) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 22(1), European Convention on Human Rights 8, Proceeds of Crime Act 2002 340(3) Police, Human Rights Updated: 17 July 2022; … Continue reading Wiltshire Constabulary v McDonagh: QBD 8 Apr 2008

Marcel v Commissioner of Police of the Metropolis: CA 1992

A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case. Held: The court discharged the injunction granted at first instance and held that … Continue reading Marcel v Commissioner of Police of the Metropolis: CA 1992

Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

X and Another v Z (Children) and Another: CA 5 Feb 2015

The Court was asked as to the circumstances in which DNA profiles obtained by the police in exercise of their criminal law enforcement functions can, without the consent of the data subject, be put to uses which are remote from the field of criminal law enforcement. The claimant was a prisoner serving a life term … Continue reading X and Another v Z (Children) and Another: CA 5 Feb 2015

Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

Gojra and Another, Regina v: CACD 6 Aug 2010

The defendants appealed against convictions for assault and kidnapping, saying that the identification procedures used were at fault. Held: The identification evidence had been properly admitted. The prosecution witness had not had the defendant named or pointed out to him. Judges: Hughes LJ, Rafferty, Maddison JJ Citations: [2010] EWCA Crim 1939 Links: Bailii Statutes: Police … Continue reading Gojra and Another, Regina v: CACD 6 Aug 2010

Vince and Another v Dorset Police: CA 30 Jul 1992

Appeal from order on appellant to ensure proper manning of custody suites. Whether ‘acting Sergeant’ could operate as a custody officer. Citations: [1992] EWCA Civ 19, [1993] 1 WLR 415, [1993] 2 All ER 321 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 36(1) Jurisdiction: England and Wales Police Updated: 07 December 2022; Ref: … Continue reading Vince and Another v Dorset Police: CA 30 Jul 1992

Blackshaw v Lord: CA 1984

Claim to privilege must be precisely focused The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in charge at the material time. It also stated that the plaintiff … Continue reading Blackshaw v Lord: CA 1984

Osman v Southwark Crown Court: Admn 1 Jul 1999

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

Haycocks, Regina (on the Application Of) v Worcester Crown Court: Admn 15 May 2007

Renewed application for leave to seek judicial review of the crown court in dismissing his appeal against conviction for driving with excess alcohol. The judge had refused an adjournment to allow fresh counsel to be instructed, and had behaved in a discourteous and biased manner. He had said that the police had forced their way … Continue reading Haycocks, Regina (on the Application Of) v Worcester Crown Court: Admn 15 May 2007

Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the material seized under it. In this case the information before the justice of the peace granting … Continue reading Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

Roberts v Chief Constable of Cheshire Constabulary: CA 26 Jan 1999

The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful imprisonment for the period of 2 hours and 20 minutes from 5.25am (when the … Continue reading Roberts v Chief Constable of Cheshire Constabulary: CA 26 Jan 1999

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Cumberbatch v Crown Prosecution Service: Admn 24 Nov 2009

In each case the defendants said that police officers arresting them had not been acting in the course of their duty, and that their resistance had been lawful. Judges: Laws LJ, Lloyd Jones J Citations: [2009] EWHC 3353 (Admin), (2010) 174 JP 149 Links: Bailii Statutes: Police Act 1996 89(2), Police and Criminal Evidence Act … Continue reading Cumberbatch v Crown Prosecution Service: Admn 24 Nov 2009

Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998

The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998

Woolmington v Director of Public Prosecutions: HL 23 May 1935

Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935

Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

The court considered whether, and if so, the circumstances in which, police officers may be liable in negligence to suspects for failure to comply with the Codes of Practice. Citations: [1998] EWCA Civ 1305 Statutes: Police and Criminal Evidence Act 1984 66 67 Jurisdiction: England and Wales Negligence, Torts – Other, Police Updated: 23 November … Continue reading Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

G, Regina (on the Application of) v Director of Public Prosecutions: CA 5 Feb 2008

The claimant had been arrested and interviewed. The custody officer then decided to hold him in custody until he had received a decision from the CPS as to whether to charge him and with what offence. The claimant sought judicial review of the decision to hold him, saying the custody had no such power. Held: … Continue reading G, Regina (on the Application of) v Director of Public Prosecutions: CA 5 Feb 2008

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

The court asked whether the power of arrest under s6 of the 1864 Act survived s26 of the 1984 Act. Held: The 1984 Act affected only the powers given to police officers as police officers. The power under s6 of the Vagrancy Act applied to any person, and therefore was not affected by a restriction … Continue reading Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

Forde v Quinn: Admn 11 Feb 2003

Alleged assault on an employee of London Transport. Failure of prosecution to disclose existence of independent witness. Judges: Moses J Citations: [2003] EWHC 620 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Practice Updated: 19 November 2022; Ref: scu.184976

HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had … Continue reading HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997

Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable. Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance … Continue reading O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997

Adeojo and Another v Regina: CACD 6 Feb 2013

The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013

Mehta v Regina: CACD 31 Dec 2012

The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted. Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the prosecution’s case that the appellant’s relationship to Murphy regarding the Murphy-related transactions was one of mutual dishonesty. It … Continue reading Mehta v Regina: CACD 31 Dec 2012

Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

The claimants challenged search warrants and the seizure of materials under the warrants. Held: The Court emphasised the need for precision within the warrant itself. Judges: Sir John Thomas P QB, Wilkie J Citations: [2012] EWHC 3745 (Admin), [2013] 1 WLR 2706 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 9, Criminal Justice and … Continue reading Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Anand, Regina (on The Application of) v Revenue and Customs: Admn 9 Oct 2012

The claimant challenged the lawfulness of a search warrant issued for the respondent. The company had claimed Film Tax Relief, but the revenue had been unable to trace a supplier, and believed the invoice to be bogus. Held: The warrants wer too widely framed. Judges: Pitchford LJ, Foskett J Citations: [2012] EWHC 2989 (Admin) Links: … Continue reading Anand, Regina (on The Application of) v Revenue and Customs: Admn 9 Oct 2012

Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

The claimants sought review of a decision of the Serious Organised Crime Agency to seize documents which have been the subject of the unlawful execution of a search warrant, purporting to act for this record seizure under section 19 of the Police and Criminal Evidence Act 1984. SOCA, with identical powers to those of the … Continue reading Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

W, Regina v (Attorney General’s reference no 5 of 2002): CACD 12 Jun 2003

Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting that the interception had taken place on the public side of the system, and therefore admission of other evidence would … Continue reading W, Regina v (Attorney General’s reference no 5 of 2002): CACD 12 Jun 2003

Regina v R: CACD 2 Feb 1994

DNA test results which had been obtained by a defendant’s solicitor were protected by legal professional privilege from production by a prosecutor for other purposes. Citations: Gazette 30-Mar-1994, Times 02-Feb-1994 Statutes: Police and Criminal Evidence Act 1984 10 Jurisdiction: England and Wales Criminal Evidence, Legal Professions Updated: 26 October 2022; Ref: scu.87584

Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment. Held: If the police use their own discretion to arrest a suspect, an informer is not liable for false imprisonment. The intervention by the police breaks any causation of the store … Continue reading Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003

The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003

Regina v Aspinall: CACD 4 Feb 1999

A known schizophrenic even though certified probably fit for interview should nevertheless have present with him in interview at a police station an appropriate adult. Assessment of such an individual is beyond the skills of a custody sergeant. Citations: Gazette 17-Feb-1999, Times 04-Feb-1999, [1999] EWCA Crim 185 Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: … Continue reading Regina v Aspinall: CACD 4 Feb 1999

Regina v Smurthwaite; Regina v Gill: CACD 5 Oct 1993

It is not a defence merely to show that there had been entrapment or the use of an agent provocateur, but the Judge has a discretion to exclude the evidence obtained if it would be unfair to use it. The need is to ensure a fair trial. Citations: Gazette 13-Oct-1993, Ind Summary 11-Oct-1993, Times 05-Oct-1993, … Continue reading Regina v Smurthwaite; Regina v Gill: CACD 5 Oct 1993

Regina v Nicholson (Andrew Robert): CACD 8 Sep 1999

Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no … Continue reading Regina v Nicholson (Andrew Robert): CACD 8 Sep 1999

Regina v Okafor: CACD 10 Nov 1993

The appellant, a Nigerian national, arrived at Gatwick Airport from Nigeria with a single item of luggage, namely a suit carrier. He was asked a number of questions, in particular whether he had packed the luggage himself and whether everything in it belonged to him, following which his luggage was searched. Packages of cocaine were … Continue reading Regina v Okafor: CACD 10 Nov 1993

Regina v Khan (Sultan): CACD 1 Jun 1994

An unlawful bug of a private conversation on private property, was nevertheless correctly admitted into evidence if it was not unfair to do so within the context of the trial. Citations: Independent 14-Jun-1994, Times 01-Jun-1994, Gazette 13-Jul-1994 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Citing: Appealed to – Regina v … Continue reading Regina v Khan (Sultan): CACD 1 Jun 1994

Regina v Cooke (Stephen): CACD 10 Aug 1994

A sample of hair taken without the suspect’s consent was not an intimate sample, and did not require the associated permissions and procedures. Evidence derived from such a sample was accordingly admissible in evidence. Citations: Ind Summary 05-Sep-1994, Times 10-Aug-1994, Gazette 07-Oct-1994 Statutes: Police and Criminal Evidence Act 1984 65 Jurisdiction: England and Wales Police, … Continue reading Regina v Cooke (Stephen): CACD 10 Aug 1994

Regina v Nicholson (Andrew Robert): CACD 2 Sep 1999

Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no … Continue reading Regina v Nicholson (Andrew Robert): CACD 2 Sep 1999

Regina v Popat (No 2): CACD 2 Sep 1999

The case of R v Popat had not been overruled by R v Forbes, which had been decided unfortunately. The obligation to hold an identity parade was not absolute. There are other factors which can be relied upon to make the obligation indeterminate. Citations: Times 02-Sep-1999 Statutes: Police And Criminal Evidence Act 1984 Codes of … Continue reading Regina v Popat (No 2): CACD 2 Sep 1999

Regina v Ryan: CACD 13 Oct 1999

There has been some confusion about the need for identity parades to be held where requested by the defendant. Where the witness had properly identified the defendant such a parade need not be held. The decision in R v Popat was to be preferred to that in R v Forbes. Citations: Times 13-Oct-1999 Statutes: Police … Continue reading Regina v Ryan: CACD 13 Oct 1999

Bhatti and Others v Regina: CACD 30 Jul 2015

The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act. Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements … Continue reading Bhatti and Others v Regina: CACD 30 Jul 2015

Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid. Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully arrested is liable for trespass to the person. The terms of the warrant had to be … Continue reading Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

Haggarty, Re Judicial Review: QBNI 9 Mar 2012

QBNI ‘The applicant challenges the refusal of the Police Service of Northern Ireland (PSNI) to provide him and his solicitor with tapes of police interviews conducted with him as an assisting offender following the making of a written agreement with a specified prosecutor pursuant to section 73 (1) (b) of the Serious Organised Crime and … Continue reading Haggarty, Re Judicial Review: QBNI 9 Mar 2012

Regina v Brent Justices ex parte Linehan: Admn 5 Oct 1998

The court was asked whether the Justices were entitled to find that the officers were acting in the execution of their duty without the production in court of the warrant or notice of authority. There was no evidence as to the actual existence of a warrant. Held: They were Judges: Laws LJ Citations: [1998] EWHC … Continue reading Regina v Brent Justices ex parte Linehan: Admn 5 Oct 1998

Regina v Hussain, Khan: CACD 20 Jan 1997

The defendants appealed convictions for importing drugs. They chose not to give evidence. At one point, in the presence of the jury, the judge spoke to counsel about warning the defendants of the ‘potential’ inferences, but the defendants had been arraigned before the new rules had come into effect. He acknowledged his mistake, and later … Continue reading Regina v Hussain, Khan: CACD 20 Jan 1997

Regina v Graham, Kansal, etc: CACD 25 Oct 1996

The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996

Regina v Quinn: CACD 15 Mar 1994

Police must follow the published Code of Practice, when conducting identity parades, and may not substitute their own. If the evidence is allowed in despite the breach, the judge should explain the significance of the breach to the jury, as it may go to the weight they attach to the evidence. Citations: Ind Summary 04-Apr-1994, … Continue reading Regina v Quinn: CACD 15 Mar 1994

Regina v Rankin: CACD 5 Sep 1995

The Court of Appeal was not to overturn a Judge’s decision with regard to identification evidence in the absence of any lurking doubt. The admission of evidence goes only to fairness within trial, not unreliability. Citations: Ind Summary 09-Oct-1995, Times 05-Sep-1995 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence, … Continue reading Regina v Rankin: CACD 5 Sep 1995

Regina v Major Sandhu: CACD 10 Dec 1996

The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not … Continue reading Regina v Major Sandhu: CACD 10 Dec 1996

Regina v Saunders and Others: CACD 28 Nov 1995

The absence of the protection of a rule against self-incrimination under the company law questioning procedure, didn’t make the use an admission in criminal proceedings unfair. DTI Inspectors may continue their inquiries after it has become clear that offences have been committed provided the caution is given. Citations: Independent 28-Nov-1995, Times 28-Nov-1995, Gazette 15-Dec-1995 Statutes: … Continue reading Regina v Saunders and Others: CACD 28 Nov 1995

Regina v Bailey: CACD 26 Jan 1995

A confession made by a mentally handicapped person to a non-independent witness should only be admitted into evidence after a proper warning was agreed to be given to the jury. Citations: Times 26-Jan-1995 Statutes: Police and Criminal Evidence Act 1984 77 Jurisdiction: England and Wales Criminal Practice, Criminal Evidence Updated: 08 October 2022; Ref: scu.86084

Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime … Continue reading Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another: Admn 16 Nov 2011

The claimants challenged the legality of the issue and execution of search warrants issued on the request of the respondent. Held: The search was executed unlawfully, but the relief granted was confined to a declaration. Judges: Laws LJ, Simon J Citations: [2011] EWHC 2998 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 … Continue reading Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another: Admn 16 Nov 2011

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011

Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011

Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess numbers of officers, and the taking of images of hard disks, thus acquiring … Continue reading Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

Singh v Moorlands Primary School and Another: CA 25 Jul 2013

The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013

Gardner and Another, Regina v: CACD 22 Apr 1997

Appeals from conviction of conspiracy to defraud. Citations: [1997] EWCA Crim 960 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 74(2) Jurisdiction: England and Wales Citing: Distinguished – Regina v Manzur; Regina v Mahmood CACD 28-Nov-1996 The prosecution was seeking to rely upon the plea of guilty of a person who had not given … Continue reading Gardner and Another, Regina v: CACD 22 Apr 1997

Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for suspecting the claimant was guilty of an offence, as required by section 24(2) of … Continue reading Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Attorney General’s Reference No 3 of 1999 (Lynn): CACD 26 Mar 1999

There was an obligation to destroy fingerprints and samples in respect of persons who were acquitted. Nevertheless, if such material was unlawfully retained, it could be used for the purpose of investigating another offence, and the evidence could be used in a subsequent trial unless it was excluded at the judge’s discretion. Citations: [1999] EWCA … Continue reading Attorney General’s Reference No 3 of 1999 (Lynn): CACD 26 Mar 1999

Regina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999): HL 19 Dec 2000

The provisions of the Code of Practice regarding identification parades are mandatory and additional unwritten conditions are not to be inserted. Where there was an identification and the suspect challenged that identification, and consented to the parade, the parade must be held. There is nothing in the words of code of practice to allow police … Continue reading Regina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999): HL 19 Dec 2000

Regina v Jones; Regina v Nelson: CACD 26 Mar 1999

Police officers have no power to use reasonable force, to compel a suspect to undergo an identification by confrontation. Powers generally phrased in the Act did not override an individual suspect’s rights. Beldam LJ said that the requirement that reasonable force may be used to secure conditions of detention does not authorise the use of … Continue reading Regina v Jones; Regina v Nelson: CACD 26 Mar 1999

Turner v Regina: CACD 9 May 2013

The defendant appealed from his conviction of murder. He complained that the judge should not have admitted in evidence material derived from a covert surveillance. The covert surveillance was of the defendant at his family home, and had been authorised by the Chief Constable and the Surveillance Commissioner. He complained that the matters in issue … Continue reading Turner v Regina: CACD 9 May 2013

Regina v Manzur; Regina v Mahmood: CACD 28 Nov 1996

The prosecution was seeking to rely upon the plea of guilty of a person who had not given evidence. Held: A co-accused’s guilty plea was admissible only with an explanation of its basis. Citations: Times 06-Dec-1996, [1996] EWCA Crim 1566 Statutes: Police and Criminal Evidence Act 1984 74 Jurisdiction: England and Wales Cited by: Distinguished … Continue reading Regina v Manzur; Regina v Mahmood: CACD 28 Nov 1996

Regina v S(F) and A(S): CACD 29 Jul 2008

The defendants were accused of assisting a person to evade a control order. On arrest their computers had been seized, and they now sought an order on an interim appeal to discharge the case under the 2000 Act of not providing passwords to encrypted material. They said that the Act required them to incriminate themselves. … Continue reading Regina v S(F) and A(S): CACD 29 Jul 2008

Panesar (T/A Anami Law), Regina (on The Application of) v Crown Prosecution Service and Another: Admn 5 Apr 2011

Defendants challenged the terms of search warrants and the conditions attached to their bail. There was alleged to be a substantial VAT fraud. Citations: [2011] EWHC 842 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8(1) Jurisdiction: England and Wales Legal Professions, Police Updated: 06 September 2022; Ref: scu.431755

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017