The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
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The only forfeiture which could be ordered by magistrates under the section was the defendant’s right in the property. Citations: [1990] 1 WLR 958 Statutes: Powers of the Criminal Courts Act 1973 43 Jurisdiction: England and Wales Magistrates Updated: 26 May 2022; Ref: scu.464596
The wife of an offender applied for an order of mandamus requiring Magistrates to determine an application under s.1 of the 1897 Act for delivery to her of a car which the Crown Court had held was used in an offence and then had made an order under section 43 of the 1973 Act. Held: … Continue reading Regina v Chester Justices ex parte Kenneth Smith: QBD 1978
The Court quashed a deprivation order made against a defendant who had been conditionally discharged: ‘On March 28, 1983 at the Crown Court in Manchester, the appellant pleaded guilty to three counts of handling stolen goods and was sentenced to a conditional discharge for 12 months in respect of each count. The learned trial judge … Continue reading Regina v Savage: 1983
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The appellant had been convicted under the 1952 Act of being knowingly concerned in the fraudulent importation of controlled drugs. She was sentenced to imprisonment on her plea. More than three months later, application was made to forfeit the money found on arrest. The court inferred that the whole of the money had been provided … Continue reading Commissioners of Customs and Excise v Menocal: HL 1979
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Where the court considered making a deprivation order, it may be inevitable that the effect will be different on different defendants. Although the court might want to treat defendants equally, that could only be taken so far. It must frequently . .
