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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

Torres, Regina (on the Application of) v the Commission of Police of the Metropolis: Admn 17 Dec 2007

The claimant challenged the right of a custody officer to attach conditions to his bail when releasing him to return to the station under section 34. Judges: Maurice Kay LJ, Burton J Citations: [2007] EWHC 3212 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 34, Police and Justice Act 2006 Jurisdiction: England and … Continue reading Torres, Regina (on the Application of) v the Commission of Police of the Metropolis: Admn 17 Dec 2007

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

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

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

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

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

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

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Jones And Others v The United Kingdom: ECHR 14 Jan 2014

ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014

Director of Public Prosecutions v Agyemang: Admn 24 Jun 2009

The DPP appealed by case stated against a dismissal of a charge against the respondent following a driving incident. He complained of the admission of bad character evidence saying that it would be unfair under section 78 of the 1984 Act. The magistrates had accepted that submission. Held: The Crown had sought to adduce the … Continue reading Director of Public Prosecutions v Agyemang: Admn 24 Jun 2009

Downer, Regina v: CACD 6 Jul 2009

The defendant appealed his conviction for aggravated burglary. He complained that evidence of his co-accuseds’ please of guilty had been admitted even though the factual basis of those please differed from the prosecution case aganst him. Held: The appeal was allowed. The co-defendants admitted only finding the weapons at issue in the flat they burgled. … Continue reading Downer, Regina v: CACD 6 Jul 2009

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

Girma and Others, Regina v (Rev 1): CACD 15 May 2009

The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial. Held: The plea of the co-defendant should not have been admitted. The issue at this trial was as to matters on which the first trial … Continue reading Girma and Others, Regina v (Rev 1): CACD 15 May 2009

Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009

The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent images. Held: The warrant had been obtained without proper consideration of the question of whether any of the … Continue reading Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

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

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed. Held: The details required, namely dates of contacts with a certain telephone number were not legally privileged: ‘the name and telephone number of the caller were taken down as a formality ‘to create the channel through … Continue reading Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

Regina v Pearce: CACD 11 Dec 2001

The defendant appealed against his conviction for murder. He said that the court had not allowed his alcoholism as a characteristic for the purposes of testing the defence of provocation, and that the evidence of his long standing partner should be treated as equivalent to that of a wife, making her evidence admissible but not … Continue reading Regina v Pearce: CACD 11 Dec 2001

Regina v Sargent: HL 25 Oct 2001

When a telephone engineer used his position to make unauthorised telephone intercepts, and produced apparent evidence of criminal activity, he was, under the Act, a person engaged in providing a public communications system, and the recordings were not admissible. The phrase ‘engaged in’ could refer either to his status, or that the act was part … Continue reading Regina v Sargent: HL 25 Oct 2001

Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted. Held: the court accepted the magistrate’s judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law … Continue reading Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

Raymond Christopher Betts, John Anthony Hall v Regina: CACD 9 Feb 2001

The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of the judge’s direction as to the the conclusions to be drawn by the jury from his silence. … Continue reading Raymond Christopher Betts, John Anthony Hall v Regina: CACD 9 Feb 2001

Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings. Held: The judge was wrong to have found public policy grounds for refusing to order … Continue reading Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

Lion Laboratories Ltd v Evans: CA 1985

Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that the Lion Intoximeter had faults which could have resulted in a significant number of motorists being wrongly convicted. Lion … Continue reading Lion Laboratories Ltd v Evans: CA 1985

NTL Group Limited v Ipswich Crown Court: QBD 22 Jul 2002

The applicant operated an e-mail system. E-mails would normally be deleted after being read. The police sought an order under the 1984 Act for certain emails to be retained in connection with an investigation. The applicant argued that this would put them in conflict with the 2000 Act, by requiring them to intercept the e-mails. … Continue reading NTL Group Limited v Ipswich Crown Court: QBD 22 Jul 2002

Regina v Robertson and Golder: CACD 1987

The court considered the words ‘any issue in those proceedings’ as contained in the section. Held: The provision should be used only sparingly. Citations: (1987) 85 Cr App R 304 Statutes: Police and Criminal Evidence Act 1984 74(1) Cited by: Cited – Regina v Shanks CACD 19-Mar-2003 The appellant appealed his conviction for murder. He … Continue reading Regina v Robertson and Golder: CACD 1987

Regina v Kempster: CACD 1990

Staughton LJ discussed the admission against a defendant of the fact of a co-defendant’s conviction: ‘On the more general question whether, if objection had been taken under section 78, the evidence should have been excluded, we have paid particular attention to the observation in Curry [(unreported, April 28, 1998, CA)], ‘where the evidence expressly or … Continue reading Regina v Kempster: CACD 1990

Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

Sir Stephen Brown P gave judgment in a case in which the police sought permission, which was granted, to administer cautions to two wards of court. Held: He said: ‘There is, therefore, no difficulty over the granting of leave in these two cases. However, the occasion has prompted the Commissioner to seek clarification of the … Continue reading Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009

The claimant accountant sought the quashing of a search warrant granted by the respondent to the police. Held: The warrant failed to comply with s. 15(6)(b) of PACE and was invalid. Citations: [2009] EWHC 1512 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 Jurisdiction: England and Wales Cited by: Cited – Global … Continue reading Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009

LT, Regina v: CACD 31 Jan 2019

The judge had excluded identification evidence after the witness was said to have seen a photograph of the defendant on social media before the identification. Held: The appeal succeeded. Judges: Simon LJ, McGowan J, Judge Burbidge QC Citations: [2019] EWCA Crim 58, [2019] WLR(D) 79 Links: Bailii, WLRD Statutes: Police and Criminal Evidence Act 1984 … Continue reading LT, Regina v: CACD 31 Jan 2019

Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after … Continue reading Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

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

Cummins, Regina (on The Application of) v Manchester Crown Court: Admn 27 Jul 2010

The claimant sought a declaration that search warrants on his premises issued under money laundering suspicions were unlawful. The warrants did not comply with the 1984 Act, having failed satisfactorily to specify their purpose. Limited offers had been made for the return of certain documents and new orders sought under the 2002 Act. Held: The … Continue reading Cummins, Regina (on The Application of) v Manchester Crown Court: Admn 27 Jul 2010

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis: Admn 16 Jul 2010

The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the decision of the ECHR it was a disproportionate interference with their human rights to keep the data. … Continue reading Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis: Admn 16 Jul 2010

Ashley and Another v Sussex Police: CA 27 Jul 2006

The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered … Continue reading Ashley and Another v Sussex Police: CA 27 Jul 2006

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005

The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005

Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Seaton v Regina: CACD 13 Aug 2010

The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said this amounted to an infringement of legal professional privilege. Held: Wilmot was not authority … Continue reading Seaton v Regina: CACD 13 Aug 2010

Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there were no sufficient ground for the request for and issue of the warrants. The investigation had been … Continue reading Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

Syed v Director of Public Prosecutions: Admn 13 Jan 2010

The defendant appealed by case stated against his conviction for assaulting a police officer in the execution of his duty. Three officers responded to a report of a disturbance and entered his house despite his struggle. The officers purported to use their powers under section 17 of the 1984 Act. Held: The appeal succeeded. The … Continue reading Syed v Director of Public Prosecutions: Admn 13 Jan 2010

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

Hui Chi-ming v The Queen: PC 5 Aug 1991

(Hong Kong) The defendant was charged with aiding and abetting a murder. A, carrying a length of water pipe and accompanied by the defendant and four other youths, seized a man and A hit him with the pipe, causing injuries from which he died. No witness saw the defendant hit the man, who was an … Continue reading Hui Chi-ming v The Queen: PC 5 Aug 1991

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

Mehmedov v Regina: CACD 18 Jul 2014

The defendant appealed against his conviction for the murder of his partner. He said that the court should have accepted his plea under section 54 of the 2009 Act, having wrongly admitted as evidence his previous covictions in Bulgaria at a time when, he said, people of his racial descent were regularly wrongly convicted. Pitchford … Continue reading Mehmedov v Regina: CACD 18 Jul 2014

H, Regina v: CACD 2 May 2012

(Practice Note) The court considered the principles to be applied when sentencing for offences brought to justice only many years after being committed. Held: The key to the sentencing exercise is to assess the harm from the offending and the culpability of the offender, taken with what are now specified aggravating and mitigating factors, while … Continue reading H, Regina v: CACD 2 May 2012

Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009

Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so. Held: The Order now contained in regulation 26(5) an exhaustive list of the possible reasons for an arrest, and the Code of Practice required the officer to … Continue reading Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009

Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

Regina v Budimir and Another: CACD 29 Jun 2010

The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act. Held: Leave was refused. … Continue reading Regina v Budimir and Another: CACD 29 Jun 2010

Black v Regina: CACD 17 Jul 2020

Disclosure Sufficient to Support Inference The court was asked whether sufficient evidence had been adduced about the strength of the prosecution case at the time of interview, to permit an adverse inference to be drawn from the failure to mention specific facts pursuant to section 34 of the 1994 Act. The defendant was said to … Continue reading Black v Regina: CACD 17 Jul 2020

Regina v Argent: CACD 16 Dec 1996

The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of the case against the appellant as they could and should have done. The solicitor’s … Continue reading Regina v Argent: CACD 16 Dec 1996

Morgan v Director of Public Prosecutions: Admn 6 Dec 2016

Res Gestae Evidence correctly admitted The appellant challenged by case stated the admission by magistrates at his trial of two pieces of evidence under the res gestae principle under section 118(3) of the 2003 Act. The allegation was one of domestic violence. The court had admitted the distressed call by the complainant for the police, … Continue reading Morgan v Director of Public Prosecutions: Admn 6 Dec 2016

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

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index