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Regina v Shephard: HL 16 Dec 1992

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

Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

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

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 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

Regina v Cochrane: CACD 4 Jun 1992

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

Yearly v Crown Prosecution Service: Admn 21 Mar 1997

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

Regina v Governor of Belmarsh Prison and Another Ex Parte Francis: QBD 12 Apr 1995

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

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

Regina v B (Attorney-General’s Reference No 3 of 1999); Regina v Weir: CACD 26 May 2000

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

Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997

The prosecutor appealed by case stated against dismissal of a charge of child cruelty. The defence had successfully argued against the admission of taped interviews, saying that the defendant should have been allowed an appropriate adult. Held: The magistrates should have allowed representations from the prosecutor first before disallowing the evidence. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997

Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he incriminate himself. The order had been made in the context of the … Continue reading Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

Thompson Newspapers Ltd v Director of Investigation and Research: 1990

(Supreme Court of Canada) The court considered a claim to exercise the privilege against self-incrimination. Held: Whereas a compelled statement is evidence that would not have existed independently of the exercise of the powers of compulsion, evidence which exists independently of the compelled statements could have been found by other means and its quality does … Continue reading Thompson Newspapers Ltd v Director of Investigation and Research: 1990

Director of Public Prosecutions v Kitching: 1989

The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. Citations: [1990] COD 149, [1990] CLR 394, Times 17-Nov-1989 Statutes: Criminal Justice Act 1967 … Continue reading Director of Public Prosecutions v Kitching: 1989

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

Regina v Governor of Brixton Prison and Another, Ex Parte Levin: QBD 11 Mar 1996

Extradition proceedings are criminal proceedings so as to allow the admission of computer printout under criminal procedures. Citations: Times 11-Mar-1996 Statutes: Police and Criminal Evidence Act 1984$ 69 Jurisdiction: England and Wales Cited by: Appeal from – In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin HL 10-Apr-1997 The applicant had been … Continue reading Regina v Governor of Brixton Prison and Another, Ex Parte Levin: QBD 11 Mar 1996

Regina v Minors, Regina v Harper: CACD 14 Dec 1988

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

Regina v Hughes: CACD 12 Nov 1993

The forcing of an object from the mouth of a detainee was a breach of the PACE codes but did amount to an an intimate search. An ‘Intimate body search’ requires a physical examination, not mere visual inspection. Citations: Gazette 08-Dec-1993, Ind Summary 29-Nov-1993, Times 12-Nov-1993 Statutes: Police and Criminal Evidence Act 1984 18(1) Jurisdiction: … Continue reading Regina v Hughes: CACD 12 Nov 1993

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

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

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

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

A Ltd and Othersi, Regina v: CACD 28 Jul 2016

The Serious Fraud Office appealed against rulings on the admission of evidence after its exclusion under section 78. Held: The appeal was allowed. The appeal had been brought within time and could proceed. Police and Criminal Evidence Act 1984. The judge confused or elided two quite separate concepts, namely (a) the ‘identification’ principle which is … Continue reading A Ltd and Othersi, Regina v: CACD 28 Jul 2016

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

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

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

Malone v The United Kingdom: ECHR 2 Aug 1984

COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Regina v Sang: HL 25 Jul 1979

The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur. Held: The appeal failed. There is no defence of entrapment in English law. All evidence which is relevant is prima facie admissible in a criminal trial, although the trial judge has a discretion … Continue reading Regina v Sang: HL 25 Jul 1979

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

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Attorney General’s Reference (No 3 of 1999) (Lynn): HL 15 Dec 2000

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

O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996

Second Hand Knowledge Supports Resaobnable Belief The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest. Held: A reasonable suspicion upon which an arrest was founded need not be based on the arresting officer’s … Continue reading O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996

Archer v The Commissioner of Police of The Metropolis: CA 12 Nov 2021

Lawfulness of the police detention of a juvenile for his own protection or in his own interests under section 38 (s. 38) of the Police and Criminal Evidence Act 1984 (PACE). The appellant contends that the provisions in s.38 entitling a custody officer to decline to order a person’s release from police detention for such … Continue reading Archer v The Commissioner of Police of The Metropolis: CA 12 Nov 2021

GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

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

Gouriet v Union of Post Office Workers: HL 26 Jul 1977

The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977

Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012

The claimant challenged the alteration of the PACE code of conduct to remove the mandatory requirement on an officer executing a stop and account or stop and search to record the self-defined ethnicity of the person so stopped, and also to challenge the decision of several chief constables to decide not to do so. Held: … Continue reading Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012

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

Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996

Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied details of convictions to the press. The point taken was that it was not concerned with … Continue reading Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act. Held: The 1984 Act did … Continue reading Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

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

Oakes and Others v Regina: CACD 21 Nov 2012

A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a prosecution. Held: The appeal failed (Lord Mance and Lady Hale dissenting). There had indeed been … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

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

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

Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

Acts

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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