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 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
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
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
The claimants challenged the legality of the issue and execution of search warrants issued on the request of the respondent. Held: The search was executed unlawfully, but the relief granted was confined to a declaration. Judges: Laws LJ, Simon J Citations: [2011] EWHC 2998 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 … Continue reading Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another: Admn 16 Nov 2011
Defendants challenged the terms of search warrants and the conditions attached to their bail. There was alleged to be a substantial VAT fraud. Citations: [2011] EWHC 842 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8(1) Jurisdiction: England and Wales Legal Professions, Police Updated: 06 September 2022; Ref: scu.431755
The claimant challenged the lawfulness of a search warrant issued by the first defendant, the Westminster Magistrates Court. Held: ‘The challenges brought by the claimant as to the warrant and Information cannot be described as technical challenges, they go to the substance of the application. The absence of the identified information serves to undermine the … Continue reading Sweeney v Westminster Magistrates Court and Another: Admn 25 Jun 2014
The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent images. Held: The warrant had been obtained without proper consideration of the question of whether any of the … Continue reading Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009
The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not warned her that she was not compellable as a witness, the statement should not … Continue reading RL v Regina (Evidence of wife): CACD 7 May 2008
The defendant appealed against his conviction for murder. He said that the court had not allowed his alcoholism as a characteristic for the purposes of testing the defence of provocation, and that the evidence of his long standing partner should be treated as equivalent to that of a wife, making her evidence admissible but not … Continue reading Regina v Pearce: CACD 11 Dec 2001
The applicant sought judicial review of a decision to grant a search warrant in respect of his offices, saying that the material covered was protected by legal privilege. The warrant had been unavailable under section 8 because of the privilege, and so the police had applied to a circuit judge under section 9. Held: The … Continue reading Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co: Admn 12 May 1999
The claimant sought to have quashed a search warrant issued by the respondent. Held: A judge issuing a warrant needs to give reasons for his decision. They need not be elaborate but they ought to be sufficient to enable the subject of the warrant to understand why the judge was satisfied that the evidence justified … Continue reading Wood v North Avon Magistrates Court: Admn 10 Nov 2009
The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction … Continue reading Director of Public Prosecutions v John Kay: QBD 4 Mar 1998
The defendant had been stopped by police officers whilst driving a car which contained property stolen in burglaries. The question arose whether a statement was a confession. Held: The court applied the interpretation of section 82(1) suggested in Sat-Bhambra. Kennedy LJ said: ‘In the current edition of Archbold (1993) at paragraph 15-293, dealing with this … Continue reading Regina v Park: CACD 1994
The claimant accountant sought the quashing of a search warrant granted by the respondent to the police. Held: The warrant failed to comply with s. 15(6)(b) of PACE and was invalid. Citations: [2009] EWHC 1512 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 Jurisdiction: England and Wales Cited by: Cited – Global … Continue reading Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009
Complaint was made about the slipshod completion of applications for search warrants. The nature of the review of compliance with Section 24(4) was to be that appropriate to Section 24(6). Underhill J held: ’26. The terms of s-s. (5) are new and there is no authority on their effect. The previous s. 24 (6) provided … Continue reading C, Regina (on the Application of) v ‘A’ Magistrates’ Court: Admn 26 Sep 2006
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
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs. Held: The warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in … Continue reading Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013
HMRC had seized material in e course of executing a search warrant. The warrant was later removed, but the Crown Court authorised the continued retention of the materials, The question now was whether the material had been seized in the course a criminal cause or matter so as to govern the mode of appeal. Held: … Continue reading Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014
The claimants challenged the issue and implementation of a search warrant,and sought the return of items seized. The police acknowledged that the search had been unlawful, but sought to retain the materials seized. The warrant had been presented as a specified premises warrant, but should have been an ‘all premises’ warrant. Treacy LJ, King J … Continue reading Cheema and Others v Nottingham and Newark Magistrates Court and Another: Admn 11 Dec 2013
The claimant challenged search warrants issued by the respondents, on the grounds first that the warrants were too wide in the description of the property which might be seized, that the description of property sought in the warrant was so wide that the Magistrates could not have been satisfied that there were reasonable grounds for … Continue reading Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013
The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant. Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. … Continue reading Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that they had assisted the escape. Held: The warrants had been issued unlawfully. They had been … Continue reading AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another: Admn 10 Apr 2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district judge. The police were investigating suspected leaks by armed forces officers of materials … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis: SC 12 Mar 2014
The claimant sought judicial review of warrants issued at the request of the respondent, saying that they failed to comply with the requirements of section 15, and that no magistrate could reasonably have been satisfied that section 8 had been . .
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
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 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 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 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
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
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
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 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 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
A known schizophrenic even though certified probably fit for interview should nevertheless have present with him in interview at a police station an appropriate adult. Assessment of such an individual is beyond the skills of a custody sergeant. Citations: Gazette 17-Feb-1999, Times 04-Feb-1999, [1999] EWCA Crim 185 Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: … Continue reading Regina v Aspinall: CACD 4 Feb 1999
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
Excluded material may be admitted if surrendered voluntarily. Citations: Times 22-Jun-1994 Statutes: Police and Criminal Evidence Act 1984 9 Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.88033
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
The section gives no basis for challenging the admission of a very young child’s evidence. Citations: Gazette 03-Jun-1992 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.87402
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
Identification evidence from a pre-trial confrontation in the cells should have been excluded from the trial. Citations: Ind Summary 21-Jun-1993, Times 25-May-1993 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.87022
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 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
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
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
The Court of Appeal was not to overturn a Judge’s decision with regard to identification evidence in the absence of any lurking doubt. The admission of evidence goes only to fairness within trial, not unreliability. Citations: Ind Summary 09-Oct-1995, Times 05-Sep-1995 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence, … Continue reading Regina v Rankin: CACD 5 Sep 1995
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
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
The judge should direct on the fact that caution is required before a jury can be asked to rely upon a confession of a mentally handicapped person. Citations: Ind Summary 20-Feb-1995 Statutes: Police and Criminal Evidence Act 1984 77 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86083
A confession made by a mentally handicapped person to a non-independent witness should only be admitted into evidence after a proper warning was agreed to be given to the jury. Citations: Times 26-Jan-1995 Statutes: Police and Criminal Evidence Act 1984 77 Jurisdiction: England and Wales Criminal Practice, Criminal Evidence Updated: 08 October 2022; Ref: scu.86084
Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime … Continue reading Regina v Hardwicke and Thwaites: CACD 10 Nov 2000
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 defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011
Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011
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 numbers of officers, and the taking of images of hard disks, thus acquiring … Continue reading Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002