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

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

Regina v Liverpool Juvenile Court ex parte R: 1988

R was charged with burglary. He objected to the admission of evidence of a confession to a police officer, saying that it had been improperly obtained. Both prosecution and defence suggested the need for a voir dire, but the magistrates declined. Held: R’s request for a writ of mandamus succeeded. Once the parties accepted that … Continue reading Regina v Liverpool Juvenile Court ex parte R: 1988

Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003

The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003

Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002

The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002

RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Cases brought by the RSPCA under the 2006 Act were dismissed after evidence was not admitted. They now appealed. Search warrants had been obtained for one purpose but, the defendants had argued, that purpose having been satisfied, the search which continued had been unlawful, and that evidence drawn from that activity should not be admitted. … Continue reading RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

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

Ghulam Yasim v Secretary of State for the Home Department: CA 1996

The court rejected a submission that, in a civil claim, sections 76 to 78 PACE precluded reliance altogether upon any evidence by an interview undertaken without a prior caution. Those exclusionary provisions were confined, the Court made clear, to criminal proceedings. However: ‘1. Were the court to be satisfied that answers had been obtained by … Continue reading Ghulam Yasim v Secretary of State for the Home Department: CA 1996

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

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

LT, Regina v: CACD 31 Jan 2019

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

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for … Continue reading Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Beeres v Crown Prosecution Service (West Midlands): Admn 13 Feb 2014

The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation. Held: The appeal failed. A confession is, prima facie, admissible if ‘relevant’ to a matter in issue in the proceedings. … Continue reading Beeres v Crown Prosecution Service (West Midlands): Admn 13 Feb 2014

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

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

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

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

Poonam v Secretary of State for The Home Department: QBD 18 Jul 2013

The claimant sought damages, alleging: ‘oppressive questioning, unlawful arrest, unlawful detention, unlawful search of her home, theft and / or failure to secure her home premises, and the wrongful declaration by the UKBA that she was an illegal migrant subject to removal under Immigration Act 1971 s.10 provisions’ and theft. The court now considered the … Continue reading Poonam v Secretary of State for The Home Department: QBD 18 Jul 2013

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

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

Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

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

Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014

The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered into corrupt agreemets to boost sales, sweetener payments being said to have been made by their agents. They complained that … Continue reading Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014

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

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

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

Regina v Dhorajiwala: CACD 9 Jun 2010

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

law index

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