Application for vexatious litigant order. Citations: [1997] EWHC Admin 123 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 25 May 2022; Ref: scu.137068
Citations: [1997] EWHC Admin 124 Links: Bailii Statutes: Supreme Court Act 1981 Criminal Practice Updated: 25 May 2022; Ref: scu.137069
The claimant awaited trial for GBH. The claimant sought judicial review of directions given for 1) to direct disclosure of material to the claimant; 2) to adjourn the application to enable him to call oral evidence; 3) to consider any material outside the copy witness statements relied upon by the prosecution; and 4) to dismiss … Continue reading Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004
The defendant appealed against an extension of the custody time limit. Held: The Act provides against an extension where the prosecution has not acted with due speed. Here the delay in large part arose in one way or another at the request of the defence. The challenge failed. Citations: [2003] EWHC 1993 (Admin) Links: Bailii … Continue reading Pierens, Regina (on the Application of) v Customs and Excise: Admn 28 Jul 2003
Citations: [2004] EWHC 221 (Admin) Statutes: Prosecution of Offences Act 1985 22(3) Jurisdiction: England and Wales Cited by: Cited – Regina (Gibson and Another) v Winchester Crown Court QBD 24-Feb-2004 The defendant challenged extension of the custody time limit, saying that the prosecuting authorities had not acted with due diligence to take the case forward. … Continue reading Regina (Bannister) v Guildford Crown Court: Admn 2004
The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, … Continue reading Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007
The defendant appealed against refusal of a defendant’s costs order in his favour. Citations: [2009] EWHC 558 (Admin), (2009) 173 JP 332 Links: Bailii Statutes: Prosecution of Offences Act 1985 16(1)(a) Jurisdiction: England and Wales Costs, Magistrates Updated: 27 November 2022; Ref: scu.323749
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006
The claimant challenged refusal of the award of his costs of defending charges against him which had on appeal been allowed. Judges: Maddison, Hickinbottom JJ Citations: [2012] EWHC 3469 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 16 Jurisdiction: England and Wales Criminal Practice, Costs Updated: 12 November 2022; Ref: scu.467106
Appeal from the decision of the determining officer to reduce the sum claimed in respect of her costs as a private prosecutor following an order of the court for Ms Matete to be compensated in accordance with s17 Prosecution of Offences Act 1985. Judges: Costs Judge Rowley Citations: [2022] EWHC 2660 (SCCO) Links: Bailii Statutes: … Continue reading Magon, Rex v: SCCO 12 Oct 2022
The court was asked whether statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the European Convention of Human Rights. Held: The inability of acquitted defendants in the Crown Court to recover (a) any of their privately incurred costs after 1 … Continue reading Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015
Judges: Lord Justice Nolan And Justice Roch Citations: [1991] EWHC 1 (QB), [1991] Crim LR 699, [1991] 3 All ER 439, (1992) 94 Cr App R 272, (1991) 155 JP 1003, [1991] 3 WLR 235, [1991] RTR 271, [1991] 2 QB 532 Links: Bailii Statutes: Prosecution of Offences Act 1985 23(3), Costs in Criminal Cases … Continue reading Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991
The defendant, having succeeded at the crown court in reducing his ban for driving offences, now appealed a small order for costs in his favour. Held: He was entitled to the just and reasonable costs of making the appeal. The award of andpound;150 instead of andpound;650 without giving reasons was wrong. No solicitor whether in … Continue reading Galandauer v Snaresbrook Crown Court: Admn 27 Jun 2006
The claimant was concerned as to the low and declining rate of prosecution for rape and serious sexual assaults against women as a proportion of allegations made. They complained of a change in policy moving away from a ‘merits based approach’. Judges: Lord Burnett of Maldon LCJ, Holroyde, Laing DBE LJJ Citations: [2021] EWCA Civ … Continue reading End Violence against Women Coalition, Regina (on The Application of) v Director of Public Prosecutions: CA 15 Mar 2021
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007
Where a court proposed a wasted costs order it was obliged by the regulations to hear the party against whom the order was sought. An order was made allowing the solicitors to make representations before a date, but the final order was made without having heard any representations, and the engrossed order made no reference … Continue reading In Re Wiseman Lee (Solicitors) (Wasted Costs Order) (No 5 of 2000): CACD 5 Apr 2001
The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground. Held: She had brought the proceedings knowing of several reasons making her action inappropriate and unnecessary. However, she had followed proper procedures, the … Continue reading Bentley-Thomas v Winkfield Parish Council: Admn 5 Feb 2013
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
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
Whether the Crown Court has power under regulation 3 of the Costs in Criminal Cases Regulations 1986, made under section 19(1) of the Prosecution of Offences Act 1985, to make a costs order against a party to criminal proceedings in favour of another party’s counsel. Citations: [2012] EWHC 3570 (Admin), [2013] WLR(D) 13, [2013] 2 … Continue reading Crown Prosecution Service, Regina (on The Application of) v Bolton Crown Court and Another: Admn 16 Nov 2012
The solicitors appealed against a wasted costs order. In defending a client on an allegation fo domestic violence they sought assistance from a local authrityabout a foster child. They drafted a witness summons, and served it on the authority, but the judge refused the summons. The solicitors failed to inform the authority that the summons … Continue reading Angela Taylor Solicitors, Regina v: CACD 28 Nov 2008
The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a decision of a Divisional Court.’ Citations: [1985] QB 67 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Manchester Coroner, ex parte Tal: 1985
Judges: Costs Judge Leonard Citations: [2022] EWHC 1129 (SCCO) Links: Bailii Statutes: Prosecution of Offences Act 1985 17 Jurisdiction: England and Wales Cited by: See also – Macmillan Cancer Support, Regina (on The Application of) v Andrews SCCO 27-May-2022 . . Lists of cited by and citing cases may be incomplete. Costs Updated: 24 July … Continue reading Macmillan Cancer Support, Regina (on The Application of) v Toogood (Costs): SCCO 12 May 2022
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
Protection of defendant may be ‘good and sufficient cause’ to extend custody. Citations: Gazette 08-Jul-1992 Statutes: Prosecution of Offences Act 1985 22 Jurisdiction: England and Wales Criminal Practice Updated: 21 July 2022; Ref: scu.87225
Citations: [2019] EWCA Crim 1304 Links: Bailii Statutes: Prosecution of Offences Act 1985 Jurisdiction: England and Wales Criminal Practice Updated: 17 July 2022; Ref: scu.640049
Jackson J said: ‘Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of Offences Act 1985.’ Judges: Jackson J Citations: [2003] EWHC 3266 (Admin) Links: Bailii Statutes: Prosecution of … Continue reading F, Regina (on the Application of) v Crown Prosecution Service and Another: Admn 12 Dec 2003
Judges: Davis LJ, Warby, Julian Knowles JJ Citations: [2019] EWCA Crim 1270, [2019] WLR(D) 410 Links: Bailii, WLRD Statutes: Prosecution of Offences Act 1985, Criminal Procedure (Insanity) Act 1964 4 Jurisdiction: England and Wales Criminal Practice Updated: 15 July 2022; Ref: scu.640048
The applicants are employees of or volunteers for Greenpeace. They boarded a cargo ship, preventing it continuing its voyage to harbour. They did so because they believed the cargo contained unlicensed animal feed and thus the importation was in breach of domestic criminal law. They were arrested the following day and tried for an offence … Continue reading Ayliffe And Others v United Kingdom: ECHR 6 May 2008
The applicant had successfully defended himself in person on a motoring charge, and appealed refusal of an order for costs in his favour. Loss of earnings. Citations: [2008] EWHC 948 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 19(1), Costs in Criminal Cases General Regulations 1986 3 Jurisdiction: England and Wales Magistrates, Costs Updated: … Continue reading Crowch, Regina (on the Application of) v Director of Public Prosecutions: Admn 15 Apr 2008
The court considered whether the District Judge had been correct to refuse to issue summonses for private prosecutions where there was a suggestion that only a private dispute at stake. Held: It ‘never was any requirement that a private prosecutor had to demonstrate that it was in the public interest that he should bring a … Continue reading Ewing, Regina (on the Application of) v Davis: Admn 2 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant renewed his application for the review of a decision to extend the custody time limit. Judges: Laws LJ, Stanley Burnton J Citations: [2007] EWHC 935 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 22(3) Crime Updated: 10 July 2022; Ref: scu.251642
An innocent bystander had been shot dead by police mistaking him for a suicide bomber. The claimant, a cousin, challenged decisions not to prosecute any officer for murder or manslaughter or any other criminal offence. Held: Review was refused: ‘A decision to prosecute can have a profound effect on the accused; and a decision not … Continue reading Da Silva, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 14 Dec 2006
The applicants sought judicial review of decisions to extend the custody time limits. Held: Where a further extension is sought, it is in the public interest and the interests of justice that the court should confine its consideration under paragraph (b) to whether there has been due diligence and expedition in relation to matters giving … Continue reading Thomas v Central Criminal Court; Stubbs v Same: Admn 7 Jul 2006
The court set out the characteristics of abuse of process in criminal matters. It may be an abuse of process if: ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality.’ and ‘The … Continue reading Regina v Derby Crown Court, ex parte Brooks: QBD 1985
The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses. Held: Referred to the US decision in Barker and Wingo (1972) 407 US 514, invoking the sixth amendment – ‘In all criminal prosecutions, … Continue reading Bell v Director of Public Prosecutions of Jamaica: PC 1985
Judges: Lord Justice Scott Baker The Honourable Mr Justice Owen Citations: [2005] EWHC 2733 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 16 Jurisdiction: England and Wales Criminal Practice, Costs Updated: 04 July 2022; Ref: scu.235878
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
Appeal against a wasted costs order against the defence barrister as regards remarks made in his closing speech which were said to have been prejudicial to the fairness of the trial. Held: Allowed. Judges: The Lord Burnett of Maldon LCJ Citations: [2019] EWCA Crim 1398 Links: Bailii Statutes: Prosecution of Offences Act 1985 19A Jurisdiction: … Continue reading Le Brocq v The Liverpool Crown Court: CACD 1 Aug 2019
The court considered the test for whether the requirement for the Attorney General’s consent to a prosecution had been obtained, and said: ‘The analysis of the statutory language: . . there are two questions. i) When were the proceedings instituted? ii) If the permission of the Attorney General was not given before the proceedings were … Continue reading Lambert, Regina v: CACD 3 Apr 2009
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a decision before going on with the case. Held: The court should consider first whether … Continue reading Ashton , Regina v; Regina v Draz; Regina v O’Reilly: CACD 5 Apr 2006
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Conviction withoiut required Consent was Unsafe Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained. Held: The appellant’s arguments were well-founded and his conviction on count 5 could not be regarded as safe: ‘as a matter of … Continue reading Lalchan, Regina v: CACD 27 May 2022
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
HMCE appealed by case stated from an order for costs made against it. It had applied for orders for access to three banks and a public limited company. On the orders being made, the court allowed costs against HMCE for the third parties involved, under the 1985 Act and 1986 Regulations. HMCE said that the … Continue reading HM Customs and Excise v City of London Magistrates’ Court and Others: Admn 17 May 2000
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
The defendant challenged extension of the custody time limit, saying that the prosecuting authorities had not acted with due diligence to take the case forward. Held: Though the prosecutor had not acted as required, in this case the actual reason for the delay lay at the feet of the court, and the prosecution’s failure had … Continue reading Regina (Gibson and Another) v Winchester Crown Court: QBD 24 Feb 2004
The defendant sought a writ of habeas corpus, asserting that the custody time limits in his matter had expired before his trial began. An application to extend the limits had to be made before the limit, and had to show proper conduct of the case. For serious fraud cases, such as this, the trial was … Continue reading Andreas Kanaris v Governor of H M P Pentonville: Admn 17 Jan 2002
An order made by a judge that the prosecution pay the defence’s costs, which had been unnecessarily incurred after a failure properly to disclose evidence to them, was an order made as part of the Crown Court trial, and so was not susceptible to judicial review. Citations: Times 23-Feb-2001 Statutes: Prosecution of Offences Act 1985 … Continue reading Regina v Leicester Crown Court, ex parte Commissioners of Customs and Excise: QBD 23 Feb 2001
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer’s … Continue reading Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided and searched by the police. Nothing incriminating was found. He claimed damages saying the search warrrant had … Continue reading Gibbs and others v Rea: PC 29 Jan 1998
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in 1994. He complained that the delay was an abuse, and his appeal succeeded. The prosecutor now … Continue reading Director of Public Prosecutions and others v Tokai and others: PC 12 Jun 1996
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a personal financial advantage. He had been found to have breached the relevant code of practice and … Continue reading Gregory v Portsmouth City Council: HL 10 Feb 2000
The defendant was faced with a charge under the 1882 Act. The prosecution required that the consent of the Attorney-General be given before proceedings commenced. The consent was only given after he had been charged, but before the trial. Held: Section 63 of the 1982 Act should be interpreted as meaning that instituting proceedings relates … Continue reading Regina v Elliott: CACD 1985
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was not brought to court, and sought habeas corpus. An order was … Continue reading Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago: PC 12 Oct 2004
Citations: [1998] EWHC Admin 636 Links: Bailii Statutes: Prosecution of Offences Act 1985 16, Magistrates Courts Act 1980 142(1) Criminal Practice, Magistrates Updated: 27 May 2022; Ref: scu.138757
Citations: [1998] EWHC Admin 46 Links: Bailii Statutes: Prosecution of Offences Act 1985 18(1) Costs, Magistrates Updated: 27 May 2022; Ref: scu.138167
The applicant had been awarded the costs of his defence by the magistrates, but the bill was halved on assessment, on the basis that an agreement to engage a solicitor of more than four years admission to defend a charge of assault and battery, and to pay him on an hourly rate was unreasonable. He … Continue reading Regina (Hale) v Southport Justices: QBD 14 Jan 2002
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 successful defendant had been refused the costs of paying his counsel. Held: The assessor was wrong in asking himself whether the employment of counsel was necessary; that was the wrong test. The only issue was whether it was reasonable. Citations: [2008] EWHC 3037 (Admin) Statutes: Prosecution of Offences Act 1985 16 Cited by: Cited … Continue reading Balchin v South Western Magistrates’ Court: Admn 2008
The Commissioners of the Inland Revenue did have power to conduct a prosecution at the Crown Court without first obtaining the consent of the Attorney General, even though it was a police officer had actually laid the charge. A prosecution was conducted on behalf of a police force where the force had been involved in … Continue reading Regina v Criminal Cases Review Commission, ex parte Hunt: CA 24 Nov 2000
The claimant seeks judicial review of a refusal by the Recorder of Sheffield to release him on bail at a hearing on 21 October 2021. It is his case that the decision to remand him in custody was ultra vires and arose from the judge’s erroneous interpretation of s22(5)(b) of the Prosecution of Offences Act … Continue reading Jabbar, Regina (on The Application of) v The Sheffield Crown Court: Admn 10 Mar 2022
The applicant was a barrister. He had been tried and acquitted of criminal charges, and had been awarded cost from central funds. He appealed from a refusal of a claim for payment for the time he spent in preparation. Held: The applicant was bound by the Bar’s Code of Conduct, which would have required him … Continue reading Khan v Lord Chancellor: QBD 17 Jan 2003
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
A defendant appealed to the Crown Court against a conviction for causing unnecessary suffering to animals. Her appeal was dismissed, and the Crown Court awarded also the full costs of the prosecution before the magistrates, who had made a reduced award of costs. Though there was no right of appeal on a question of costs, … Continue reading Johnson v Royal Society for the Prevention of Cruelty to Animals: QBD 20 Apr 2000
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
Joint Enterprise Murder (and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he would be guilty of murder as … Continue reading Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016
The court considered when a judge should allow a defendant to withdraw a plea of guilty: ‘only rarely would it be appropriate for the trial judge to exercise his undoubted discretion in favour of an accused person wishing to change an unequivocal plea of guilty to one of not guilty. Particularly this is so in … Continue reading Regina v Drew: CACD 1985
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
Access orders were sought by the Customs and Excise against banks to facilitate an investigation into the affairs of taxpayers and the issue was whether the resulting proceedings constituted ‘criminal proceedings’ within the meaning of section 19(1). Held: ‘It is in my judgment the general understanding that criminal proceedings involve a formal accusation made on … Continue reading Customs and Excise Commissioners v City of London Magistrates’ Court: QBD 2000
The Home Secretary has no power to discontinue extradition proceedings, since they are not criminal per se. Citations: Gazette 08-Feb-1995 Statutes: Prosecution of Offences Act 1985 23 Criminal Practice Updated: 09 April 2022; Ref: scu.86547
The right to bail after expiry of the custody time limit survives until arraignment only, and not until trial. Citations: Times 29-Mar-1994 Statutes: Prosecution of Offences Act 1985 Crime Updated: 09 April 2022; Ref: scu.86486
For the purposes of a defendant reclaiming his costs, those costs were incurred where there was a contractual obligation on him to pay, and it was wrong for the court first to insist that he pay them, and then re-imburse him. It was not dependent upon issues about the likelihood of him ever paying. They … Continue reading Regina v Clerk to Liverpool Magistrates’ Court Ex Parte McCormick; Regina v Same; Ex Parte Larkin: QBD 12 Jan 2001
Rights to private prosecution and takeover by DPP were examined: ‘Section 3(2) and section 6 [of the Prosecution of Offences Act 1985] make a coherent and consistent framework in which the right of a private citizen to bring a prosecution is preserved but subject always to the Director’s right to intervene at any stage. It … Continue reading Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992
Custody time limit extension to be considered on expedition at time of extension. Citations: Times 28-Mar-1997 Statutes: Prosecution of Offences Act 1985 22(1) (3) Criminal Practice Updated: 09 April 2022; Ref: scu.86141
Where a defendant was remanded in custody pending trial in the Crown Court, the trial date should be fixed at an early stage. Here, after repeated adjournments, the court had, three days before expiry of the limit, fixed a trial three months into the future. That ruling would have to stand, but in cases requiring … Continue reading Regina v Worcester Crown Court Ex Parte Norman: QBD 17 Feb 2000
When a court considered whether to extend the custody time limits a court must not make an allowance in favour of the prosecution for difficulties caused by the victim’s illness. Subsebtions 22(3)(a) and 22(3)(b) had both to be fulfilled. Citations: Times 25-Jan-1999 Statutes: Prosecution of Offences Act 1985 22(3) Cited by: Cited – Regina (Gibson … Continue reading Regina v Central Criminal Court Ex Parte Bennett: QBD 25 Jan 1999
The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run. Held: When considering the time limits for a prosecution under the Act, the officer investigating is the prosecutor, until the case is taken over by the … Continue reading Morgans v Director of Public Prosecutions: QBD 29 Dec 1998
A wasted costs order must specify the amount payable when it is made. It is not open to a judge to go back later and amend the order to correct the defect, and particularly not to do so by awarding a sum greater than the amount claimed. In this case in any event, the award … Continue reading In Re Harry Jagdev and Co (Wasted Costs Order) (No 2 of 1999): CA 12 Aug 1999
After a trial was aborted, the solicitors, acting on counsel’s advice made an application for bail under the rules applying to the custody time limits. An unreported case had already decided the point, namely that once the jury had ben sworn, the limits ceased to apply. Though counsel, once told of the decision sought to … Continue reading In Re Hickman and Rose (Solicitors) (Wasted Costs Order) (No 10 of 1999): CACD 19 Apr 2000
The defendant appealed against his conviction for having unlawful sexual intercourse with a girl under 16. He was himself under 16, and complained that the section turned the girl into a victim and him into an offender and that this was discriminatory. Held: Article 6 was not concerned with issues relating to the substance of … Continue reading E v Director of Public Prosecutions: QBD 1 Feb 2005
Application by the Crown Prosecution Service for judicial review seeking an order quashing a costs order made against it and made under section 19 of the Prosecution of Offences Act 1985 (the 1985 Act) and the Costs in Criminal Cases (General) Regulation 1986 (the Regulations). Judges: Sharp LJ, Julian Knowles j Citations: [2017] EWHC 2987 … Continue reading Regina (Director of Public Prosecutions) v Aylesbury Crown Court and Another: Admn 24 Nov 2017
Mr James applies for an order of judicial review to quash a decision of Surrey Justices sitting in Guildford who on 18 September 1997 refused him a defendant’s costs order. The question for decision is whether the justices were properly entitled to refuse such an order. Judges: The Lord Chief Justice of England and Wales … Continue reading James, Regina (on The Application of) v South West Surrey Magistrates’ Court: Admn 18 Apr 2000
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The appellant was charged with persistently soliciting a woman for the purposes of prostitution under section 2(1). He had been seen on several occasions driving his car slowly around a red light district. On one occasion he beckoned a woman towards him. As he was driving with the woman in his car, he was stopped … Continue reading Darroch v The Director of Public Prosecution: CACD 1990
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter. Held: Adomako could not apply in jurisdictions where causing a death by reckless driving is a possible alternative to a charge of manslaughter. … Continue reading Brown v The Queen (Jamaica): PC 13 Apr 2005
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. He was acquitted. Later he was charged with perjury said to arise from his … Continue reading Director of Public Prosecutions v Humphrys: HL 1977
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
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Application for judicial review in respect of an order for costs made against the Commissioners of Customs and Excise in relation to proceedings brought by the Commissioners of Customs and Excise. Lord Wool of Barnes LCJ, Newman J [2001] EWHC Admin 33 Bailii Prosecution of Offences Act 198519(1), Costs in Criminal Cases (General) Regulations 1986 … Continue reading Commissioners of Customs and Excise, Regina (on The Application of) v The Crown Court at Leicester and Others: Admn 24 Jan 2001
