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
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
A sample of blood can be compared with blood recovered at another scene of crime. Evidence properly obtained for one investigation may be used in another. Citations: Gazette 26-Jan-1994, Times 15-Dec-1993 Statutes: Police and Criminal Evidence Act 1984 62 Jurisdiction: England and Wales Criminal Evidence, Criminal Practice Updated: 26 October 2022; Ref: scu.87049
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
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
A decision on whether a suspect has a mental handicap must be reached on evidence, and the decision must be express. Citations: Ind Summary 22-Jan-1996, Times 12-Dec-1995 Statutes: Police and Criminal Evidence Act 1984 66 codes Jurisdiction: England and Wales Criminal Practice Updated: 22 September 2022; Ref: scu.86798
The claimant alleged that his treatment in the police station had been wrongful. His solicitor, representing two clients, had refused to attend the interview with the claimant until he had seen the second client. There was a scene and the solicitor was excluded. The claimant said that this had unlawfully imposed a condition on his … Continue reading McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013
Appeal against acquittal of offence of driving a motor vehicle whilst over the prescribed alcohol limit. The defendant had challenged the calibration of the Camic breath testing machine which showed the incorrect date. Citations: [1997] EWHC Admin 946 Statutes: Road Traffic Act 1988 5(1)(a), Police and Criminal Evidence Act 1984 69 Jurisdiction: England and Wales … Continue reading Director of Public Prosecutions v Garnett: Admn 30 Oct 1997
The Claimant seeks judicial review of the dismissal of his complaint against a police officer in the Hampshire Constabulary for his failure to comply with paragraph 11.13 of Code C of the Codes of Practice, issued pursuant to section 66 of the 1984 Act, in not recording his comments after being cautioned for a suspected … Continue reading Karia, Regina (on The Application of) v The Chief Constable of Hampshire Contabulary: Admn 15 Dec 2015
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
The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records, but this was refused. Held: There was no engagement of the applicants’ art 8 rights to privacy. Even if there was, the keeping of … Continue reading Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same: Admn 22 Mar 2002
A shop store-detective could be said to be a person charged with a duty to investigate offences. Whether he is, is a question of fact in each case, and its determination will turn on the evidence of the terms of the contract between the store detective and his employer and all the circumstances of the … Continue reading Regina v Bayliss: CACD 16 Mar 1993
Where a defendant gave a sample of DNA during an investigation, but the sample was not destroyed on his acquittal, evidence obtained from a cross match relating to a different crime was not admissible. The statute requires the samples to be destroyed, and evidence based upon samples not so destroyed cannot be admitted. Judges: Swinton … Continue reading Regina v B (Attorney-General’s Reference No 3 of 1999); Regina v Weir: CACD 26 May 2000
The defendant had been convicted of theft from a supermarket. The evidence was that the till rolls did not include the goods the subject of the charge. She argued that it should not have been admitted as evidence, without supporting evidence that the computer which produced the till rolls was working accurately. Held: The evidence … Continue reading Regina v Shephard: HL 16 Dec 1992
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997
Head teacher has no statutory duty to investigate offences inside school and has no obligation to follow PACE procedures. Citations: Times 24-Nov-1997 Statutes: Police and Criminal Evidence Act 1984 67(9) Criminal Practice Updated: 19 May 2022; Ref: scu.80003
A speed gun is a computer for evidence purposes in criminal proceedings. The screen readout is to be treated as a document needing confirmation as with other computer based evidence. Citations: Times 04-Nov-1994 Statutes: Police and Criminal Evidence Act 1984 69 Criminal Evidence Updated: 19 May 2022; Ref: scu.79802
Challenge to Intoximeter reading including acetone reading to be under s 78. Citations: Times 14-Jul-1995 Statutes: Police and Criminal Evidence Act 1984 69(1) 78 Road Traffic Updated: 17 May 2022; Ref: scu.77901
A computer printout was admitted in evidence. ‘Impropriety’ in the 1984 Act meant producing an unfair result to the defendant. Citations: Ind Summary 10-Jul-1995 Statutes: Police and Criminal Evidence Act 1984 69 Jurisdiction: England and Wales Criminal Evidence Updated: 10 May 2022; Ref: scu.77930
In order to assist in making the volunteers on the ID parade more greatly resemble the defendant, the police had used make-up to look as if they had stubble. The defendant appealed his conviction following the admission of that evidence. Held: The police were correct to take reasonable steps to make the volunteers resemble the … Continue reading Regina v Marrin: CACD 4 Feb 2002
A building society had credited the defendant with more than was due by error. A series of withdrawals were made before the error was discovered. The defendant appealed saying the judge had been wrong to have admitted computer print outs. Held: The appeal was allowed. The prosecution said that the entry of the pin number … Continue reading Regina v Cochrane: CACD 4 Jun 1992
Where the prosecutor wishes to rely on evidence set out in a document produced by a computer, there must be affirmative evidence as to the computer’s reliability in accordance with the requirements of Section 69. It can be either oral evidence or a written statement tendered in accordance with paragraph 8 of Schedule 3 to … Continue reading Regina v Sheppard: HL 1993
Delaney was 18 and with a low IQ. On first interview for indecent assault, he denied the offence, but later came to admit it. The police admitted first minimising the seriousness of the offence, but he alleged greater pressure, resulting in a later confession. The first interview was not recorded until the following day. Held: … Continue reading Regina v Delaney: CACD 11 Jan 1990
In each case, the prosecution had produced a computer record to the court as evidence. The record was a computer print out. They challenged their convictions. Held: To admit such evidence, the court had to see compliance with both sections. There should if necessary, be a trial within a trial first, to decide whether the … Continue reading Regina v Minors, Regina v Harper: CACD 14 Dec 1988
Having closed their case, the prosecution applied for and were granted opportunity to adduce evidence in the form of certificates under section 69. Held: The court had a discretion to allow further evidence. The magistrates had correctly considered the applicable law, and applied the discretion given to them properly. Citations: [1997] EWHC Admin 308 Statutes: … Continue reading Yearly v Crown Prosecution Service: Admn 21 Mar 1997
Justices may not hear evidence from accomplices in extradition proceedings. Also foreign intercept evidence may be used in support of extradition proceedings. Extradition proceedings are not criminal proceedings as such, but may be sui generis. Section 69 had no application to extradition proceedings so as to allow the admission of computer print-outs, and nor did … Continue reading Regina v Governor of Belmarsh Prison and Another Ex Parte Francis: QBD 12 Apr 1995
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
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
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988
The local authority was investigating allegations involving the family history of children in their care. They sought disclosure by the respondent police authority of the results DNA comparison tests to assist their investigations. The court considered whether a matching report on a DNA sample itself was derived from the sample. Held: Disclosure could not be … Continue reading London Borough of Lewisham v D and Others: FD 29 Mar 2010
A DNA sample had been wrongfully retained after the suspect had been acquitted, and the sample had been used in a later investigation to identify him. A subsequent sample had been taken, and the result of that second test had been used as evidence at trial. The defendant objected, and claimed that it had been … Continue reading Attorney General’s Reference (No 3 of 1999) (Lynn): HL 15 Dec 2000
The claimant, who had a criminal record from 1984, and 1993, had refused to accede to a requirement that he attend at a police station to provide a non-intimate sample so that a DNA record could be created for him to be placed on the national database. He said that though the request was made … Continue reading R, Regina (on The Application of) v A Chief Constable: Admn 24 Sep 2013
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
An interview took place when an appellant, who was later charged with dangerous driving and taking a motor vehicle without authority, was asked why he was hiding, to which he replied ‘I don’t want to get caught.’ He was then arrested for taking a conveyance without authority, to which he said, according to the officers, … Continue reading Regina v Wayne Ward: CACD 29 Jul 1993
The defendant appealed against her conviction for theft. She had been accused of stealing money over many months from the till at the pharmacy where she worked. She said that a confession in interviews conducted by civilian investigators should not have been admitted. She said that transactions had not been put through the till at … Continue reading Regina v Dhorajiwala: CACD 9 Jun 2010
The claimant sought damages after his arrest by armed police. The defendant appealed a substantial award of damages. Held: The section required the officer to have reasonable grounds for suspecting the arrestees to be guilty of the offence. The constable must suspect both that an arrestable offence has been committed and that the citizen he … Continue reading Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999
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
Citations: [2003] EWHC 1720 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 76 Jurisdiction: England and Wales Criminal Practice Updated: 09 December 2022; Ref: scu.185648
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
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
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
Allegation by minor of unlawful detention overnight in custody. Judges: Chamberlain J Citations: [2020] EWHC 1567 (QB), [2020] WLR(D) 348 Links: Bailii, WLRD Statutes: Human Rights Act 1998, Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales Police, Human Rights, Children Updated: 06 December 2022; Ref: scu.651929
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm … Continue reading Regina v Shanks: CACD 19 Mar 2003
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
Challenge to issue of search warrants. Citations: [2014] EWHC 1541 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 9 Jurisdiction: England and Wales Police Updated: 05 November 2022; Ref: scu.526395
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
Prosecution appeal against a terminating ruling relating to the ambit of s.80 of the 1984 Act which specifies the circumstances in which a wife may be compelled to give evidence against her husband. Citations: [2012] 1 WLR 3378, [2012] 2 Cr App R 34, (2012) 176 JP 615, 2012] WLR(D) 199, [2012] EWCA Crim 1529 … Continue reading BA, Regina v: CACD 11 Jul 2012
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
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
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
The judge was to decide as a matter of law whether an enquiry by a policeman amounts to an interview. Citations: Times 30-Jul-1993 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.87516
The question of status as mentally handicapped is not to be rigidly determined from one case to next. Citations: Times 27-Jul-1993 Statutes: Police and Criminal Evidence Act 1984 77-3 Jurisdiction: England and Wales Crime Updated: 26 October 2022; Ref: scu.87054
Interpretation of ‘discretion’ in excluding evidence is to be limited. Citations: Ind Summary 07-Mar-1994 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence Updated: 26 October 2022; Ref: scu.87339
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
During the prosecution case, the learned Judge was asked to permit representatives of the Crown Prosecution Service to interview a scientist who had carried out DNA tests at the request of the defence solicitors on a blood sample provided by the defendant to his G.P. for that purpose. Leave was granted, and subsequently the learned … Continue reading Regina v R: CACD 26 Jan 1994
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
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
It was inadmissible that a person was an addict without direct knowledge of that fact in the witness or of a conviction. Citations: Times 27-Apr-1993 Statutes: Criminal Appeals Act 1968, Police and Criminal Evidence Act 1984 78(1) Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.87652
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
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
There is no rigid line in deciding whether a defendant is mentally handicapped under PACE and is to be treated accordingly in interview. Citations: Ind Summary 16-Aug-1993 Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.87053
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
PACE codes are there to protect suspects against the overwhelming power of the state, and must be followed. Citations: Times 30-Jun-1994 Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.86636
A tape recording of a conversation made surreptitiously while a defendant is in a police cell is admissible in evidence. Citations: Independent 30-Mar-1993 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.86085
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
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
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
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
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
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
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
Failure to comply with code of practice with regard to identification evidence and parades is not necessarily fatal to a prosecution. Citations: Times 23-Feb-1998 Statutes: Police and Criminal Evidence Act 1984; Codes of Practice Jurisdiction: England and Wales Criminal Practice Updated: 11 October 2022; Ref: scu.87046
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
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
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
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
Information which had been volunteered without questions was not an interview for PACE purposes. Citations: Times 23-Mar-1994 Statutes: Police and Criminal Evidence Act 1984 84, 86 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87318
An inadmissible statement which was exculpatory of a co-defendant was admissible for that co-defendant. Citations: Times 23-Apr-1996 Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.87400
The defendant appealed against his conviction for rape. There had been a DNA match, but the defendant did not match the description given by the victim, and she had not picked him out. He argued that DNA evidence alone should not be used to convict, and that the judge had misdirected the jury as to … Continue reading Regina v Adams: CACD 26 Apr 1996
