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
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
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
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 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
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 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
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
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
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 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
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
(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
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
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 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 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 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
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
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
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
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
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
The claimant sought judicial review of a decision of the DPP to intervene in and abandon her private prosecution of two doctors involved n what she said was a decision to carry out abortions which decsions were affected by the sex of the foetus. At the instigation of a newspapers, two women had attended clinics … Continue reading Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015
The applicant had been convicted of a robbery and served a long prison sentence. After release he was awarded damages against some of the police officers for assault. The DPP decided not to proceed against the officers by way of criminal proceedings. The applicant’s conviction was later quashed. The prosecutor replied saying he had applied … Continue reading Regina v Director of Public Prosecutions ex parte Treadaway: Admn 31 Jul 1997
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Proceedings had commenced for conspiracy to supply class A Drugs to a person abroad. Prior consent was required of the Attorney-General, but was only obtained after the event. The prosecutor now appealed against a ruling that the proceedings were null and void. Held: The appeal failed: ‘ The Judge was astute to the problems the … Continue reading CW and MM, Regina v: CACD 22 May 2015
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a prosecution. Held: The appeal failed (Lord Mance and Lady Hale dissenting). There had indeed been … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999
Deception as to identity did not undermine consent The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape. Held: Her claim failed. Case law suggested that no prosecution had … Continue reading Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018
The Director of Public Prosecutions sought to challenge by way of judicial review a decision of the Croydon Youth Court that proceedings re-instituted by him pursuant to section 22B of the Prosecution of Offences Act 1985 against youths for robbery . .
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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
Lord Bingham: ‘The court made plain in Ex p McDonald, as indeed is plain on the face of the statute, that when seeking an extension or a further extension of the custody time limit the Crown must show that there is good and sufficient [reason] for making the extension and that it has acted with … Continue reading Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999
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
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
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
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
Where a court decided that there was good reason to extend the custody time limit, but the prosecution had not proceeded with due diligence, the court could still extend the limit where the prosecution delay had not contributed to the need for the extension. Citations: Times 31-May-1999, [1999] EWHC Admin 454 Links: Bailii Statutes: Prosecution … Continue reading Regina v Leeds Crown Court ex parte Vincent Quereshi, John Bagoutie, Terrance Callaghan: Admn 18 May 1999
Custody time limits cease to apply once a jury has been sworn. Judges: Gage J Citations: [1997] EWHC Admin 829 Statutes: Prosecution of Offences Act 1985 22 Cited by: Cited – In Re Hickman and Rose (Solicitors) (Wasted Costs Order) (No 10 of 1999) CACD 19-Apr-2000 After a trial was aborted, the solicitors, acting on … Continue reading In the Matter of an Application for a Writ of Habeas Corpus Subjiciendum and In the Matter of Bozkurt: Admn 3 Oct 1997
Where an application to extend custody time limits is opposed on the basis of prosecution delay, the parties should provide for the court an agreed chronology of events, and the judge should also give his reasons for granting the extension. Citations: Times 31-May-1999 Statutes: Prosecution of Offences Act 1985 22(3)(b) Criminal Practice Updated: 09 April … Continue reading Regina v Chelmsford Crown Court, Ex Parte Mills: QBD 31 May 1999
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
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 claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim. Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is … Continue reading Olutu v Home Office: CA 29 Nov 1996
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
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
The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson said, and I accept, it would indeed be surprising if that were not so. One has … Continue reading Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996
The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their refusal. Held: The onus was on the accused to show, to a civil standard that a fair trial could not now … Continue reading Regina v Telford Justices, ex parte Badhan: CACD 1991
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
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made against him in Scotland, but he had not been convicted. He said that evidence of those complaints … Continue reading Regina v Beedles: CACD 31 Jul 1996
Costs awarded to the prosecution can include the costs of the investigation before the charge was laid. Citations: Times 15-Nov-1996 Statutes: Prosecution of Offences Act 1985 18 Jurisdiction: England and Wales Criminal Practice, Costs Updated: 08 October 2022; Ref: scu.86062
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
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
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
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 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
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
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 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 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
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
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 had been convicted of conspiring to import cannabis, and made subject inter alia to a confiscation order. Held: ‘ the object of the Act is to ensure, so far as is possible, that the convicted drug trafficker is parted from the proceeds of any drug trafficking which he has carried out. The provisions … Continue reading Regina v Dickens: CACD 11 Apr 1990
(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote. Held: Lord Scarman summarised the principles: ‘(1) there is a presumption of law that mens rea is required before … Continue reading Gammon v The Attorney-General of Hong Kong: PC 1984
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
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
The offence of establishing a radio station without a licence is an absolute offence; no knowledge or mens rea was needed. The presumption that mens rea was required could be rebutted where the offence concerned an issue of public safety. Citations: Times 14-Aug-1996, [1996] EWCA Crim 729, [1997] 1 Cr App R 209, [1997] 1 … Continue reading Regina v Blake: CACD 31 Jul 1996
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
(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
The defendant had been made subject to a civil proceedings order but had begun criminal prosecutions from his prison cell against journalists. Held: The civil restraint order did not prevent the defendant commencing criminal actions. A criminal proceedings restraint order was made. Citations: [1999] EWHC Admin 216 Links: Bailii Statutes: Prosecution of Offences Act 1985 … Continue reading Hm Attorney General v Gleaves: Admn 9 Mar 1999
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
