The defendant had been convicted of knowingly living on the earnings of prostitution contrary to section 30(1) of the Sexual Offences Act 1956. Held: The Commission rejected as manifestly ill-founded the applicant’s challenge to this provision as incompatible with article 6(2). It created a rebuttable presumption which the defendant could disprove, and was not a … Continue reading X v United Kingdom: ECHR 1972
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 appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable appealed a decision that this was an interference in his … Continue reading R, Regina (on the Application of) v Durham Constabulary and Another: HL 17 Mar 2005
Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015
The defendant appealed against his conviction under the 1889 Act for making a corrupt gift to a local government officer. He said that the 1916 Act placed an unfair burden on him to prove that the gift was not corruptly given. Held: The appeal succeeded. Article 6.2 does not provide an absolute prohibition against the … Continue reading Webster v Regina: CACD 1 Dec 2010
The claimant challenged the right of police officers to take his photograph as he attended an annual general meeting of Reed Elsevier Plc. He was a campaigner against the arms trade, but had always acted lawfully. The company noted the purchase of single shares by membersof the group and alerted the police. The defendant decided … Continue reading Wood v Commissioner of Police for the Metropolis: Admn 22 May 2008
