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
The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his liability to snap if he had not taken medication. The defendant said … Continue reading Osbourne, Regina v: CACD 13 Mar 2007
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
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
The purpose of section 74(3) was ‘not to define or enlarge the circumstances in which evidence is admissible of the fact that an accused has committed an offence, but simply to assist in the mode of proof of that fact (which it does in section 75): ’21. . . This is made doubly clear by … Continue reading Regina v Harris: CACD 19 Apr 2000
The defendant in question had not give evidence. Held: The correct approach to be followed by the judge was: ‘What the jury needed to be reminded of in his defence was relevant matter contained in his pre-trial statements and interviews with the police – copies of those documents were in their hands – and possibly … Continue reading Regina v Hillier and Farrar: CACD 1993
Police officers had continued the interview of a suspect despite it becoming clear that he suffered mental incapacity. The trial judge having heard an application to have the interview excluded at an early point and only gave his reasons much later, after all the evidence was heard, and he sought to justify his decision upon … Continue reading Regina v Gill: CACD 2004
The defendant appealed against his conviction for murder, on the basis that the jury had used a conclusion about the guilt of a jointly accused to support his own conviction.
Held: Section 74 had altered the law, and earlier cases were no . .
The defendants sought leave to appeal against their convictions for conspiracy to murder after involvement in a plot to explode several bombs on the London Transport system. They said that it had not been their intention to explode the devices.
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
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 . .
Appeals from conviction of conspiracy to defraud. . .
The prosecution was seeking to rely upon the plea of guilty of a person who had not given evidence.
Held: A co-accused’s guilty plea was admissible only with an explanation of its basis. . .
The two defendants appealed from convictions of conspiracy to defraud, saying that the court should not have admitted in evidence the admissions of co-defendants who had pleaded guilty.
Held: The appeal failed. . .
The defendant appealed against an order at a preparatory hearing that evidence of his previous convictions and the manner of his actions should be admissible at his trial for two murders. A ruling had been given which the defendant said would . .
References: (1993) 97 Cr App R 349 Statutes: Police and Criminal Evidence Act 1984 74 This case is cited by: Cited – Regina -v- Thomas Shanks CACD (Bailii,  EWCA Crim 680) The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his … Continue reading Regina v Hillier and Farrer: CACD 1993
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
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
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
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001
A police officer had been dismissed but was pursuing an action against the authority. At the same time he obtained work as a probationary solicitor’s clerk doing police station work. The Chief Constable issued an order that he should not, under PACE be admitted to any police station. Held: The order was unlawful, since it … Continue reading Regina v The Chief Constable of the Northumbria Constabulary ex parte Thompson: CA 8 Mar 2001
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
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
The court considered special procedure material arising out of the Brinks-Mat robbery. Held: The records of the financing of a transaction for the purchase of a property were not to be subject to legal professional privilege under section 10 of the Police and Criminal Evidence Act as the conveyancing matter was wholly unconnected with litigation. … Continue reading Regina v Crown Court ex parte Baines and Baines: 1988
The solicitor applicant challenged the grant of a search order under section 9. Held: The order was quashed. The court underlined the need for judges to be scrupulous in discharging their responsibilities so as to ensure that use of the procedures, which constitute a serious inroad upon the liberty of the subject, are not abused. … Continue reading Regina v Maidstone Crown Court ex parte Waitt: QBD 1988
It is preferable, in an ordinary case, for an application for a search warrant in a solicitor’s office to be made on notice. However, if a solicitor under investigation were to have knowledge of what was contemplated the material sought might disappear or be tampered with before it could be seen by the investigator, a … Continue reading Regina v Leeds Crown Court ex parte Switalski: 1991
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
The defendant was accused of importing heroin. He challenged use of his recorded interviews saying he was suffering hypoglycaemia from his diabetes at the time. The judge excluded later interviews for this reason, but the defendant challenged the use of the first few tapes since the doctor said he might be suffering in this way. … Continue reading Regina v Sat-Bhambra: CACD 1989
The plaintiff was arrested at a demonstration, charged with obstructing the highway and convicted before the magistrates. His conviction was quashed by the Crown Court on appeal. He sued for assault, unlawful arrest, false imprisonment and malicious prosecution. He sought discovery of documents showing any convictions of or adverse disciplinary findings against the police witnesses. … Continue reading Thorpe v Chief Constable of Greater Manchester Police: CA 1989
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
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
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
The claimants challenged the legality of decisions taken by HMRC to apply for search and seizure warrants under the 1984 Act in connection with a criminal investigation of suspected evasion of VAT, income tax and National Insurance Contributions by NUFC in relation to payments made to and via football agents, and the decision to issue … Continue reading Newcastle United Football Club Ltd and Another v HM Revenue and Customs and Another: Admn 4 Oct 2017
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 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
These otherwise unconnected cases, one an appeal against conviction, the other an application for leave to appeal against conviction, follow convictions for murder and require examination of the proper ambit of s.74(3) of the Police and Criminal Evidence Act 1984. Judges: The Lord Chief Justice of England and Wales The Hon Mr Justice Fulford And … Continue reading Clift v Regina: CACD 18 Dec 2012
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
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 public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is … Continue reading In Re Findlay, in re Hogben: HL 1985
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009
A Scottish search warrant was executable in England since it counted as a summary act under repealed legislation, though was also subject to the protection in England against searches of journalist’s materials. Times 22-Oct-1998,  EWHC Admin 974 Criminal Procedure (Scotland) Act 1995, Police and Criminal Evidence Act 1984 England and Wales Citing: Mentioned – … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Granada Television Limited: Admn 16 Oct 1998
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
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
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003
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
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
Complaint was made as to the entry by police officers into premises seeking a knife. Held: May LJ said: ‘The expression ‘saving life or limb’ is a colourful, slightly outmoded expression. It is here used in close proximity with the expression ‘preventing serious damage to property’. That predicates a degree of apprehended serious bodily injury. … Continue reading Baker v Crown Prosecution Service: Admn 27 Jan 2009
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000
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
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
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
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
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance. Held: There was a clear breach of section 16(5). The officers had followed the guidance, … Continue reading Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to his rights of privacy as enshrined in articles 6 and 8 of the Convention. Held: There … Continue reading Regina v Khan (Sultan): HL 2 Jul 1996
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
The respondent was convicted of sexual offences against two groups of boys. The trial judge directed the jury that they would be entitled to take into account the uncorroborated evidence of the second group as supporting evidence given by the first group. Held: The House considered what was the general character of relevant evidence. Lord … Continue reading Regina v Kilbourne: HL 1973
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which … Continue reading Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994
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 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
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
The defendant appealed against his convictions for possession of controlled drugs with intent to supply. He complained at the use of of text messages found on his phone against him, saying they were hearsay. Held: The texts contained assertions by a third party intending them to be believed, and were to be admitted as evidence … Continue reading Regina v Leonard: CACD 28 Apr 2009
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001
The defendant faced specimen counts of rape and incest against each of his two daughters. The trial judge refused an application for separate trials in respect of the offences alleged against each daughter. The defendant was convicted. Held: His appeal was allowed. The judge had erred in refusing separate trials. Lord Lane CJ said that … Continue reading Director of Public Prosecutions v P: HL 1991
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The person making the threat had boasted of murders one of … Continue reading Hasan, Regina v: HL 17 Mar 2005
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 defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
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. . .
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 . .
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. . .
The section gives no basis for challenging the admission of a very young child’s evidence. . .
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 . .
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 . .
An inadmissible statement which was exculpatory of a co-defendant was admissible for that co-defendant. . .
The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess . .
The defendant sought to assert that he was of previous good character. The prosecution knew of convictions abroad, and sought to admit them in rebuttal. The 1984 Act did not deal with foreign convictions.
Held: The 1851 Act still applied, and . .
The defendant’s solicitor had advised him whilst at the police station to make a confession. He appealed saying that he should not have been given that advice, and that the evidence should be excluded.
Held: A solicitor’s role in the police . .
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
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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