The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant. Held: Hughes LJ said: ‘Both the common law and statute law are well used to a rule which judges a defendant … Continue reading B v Regina: CACD 31 Jan 2013
The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. … Continue reading Regina v Ali: CACD 14 Nov 2003
Judges: Laws, Moore-Bick, Beatson LJJ Citations: [2013] EWCA Civ 697, [2014] 1 WLR 179, [2013] WLR(D) 289 Links: Bailii, WLRD Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Human Rights Act 1998, Sexual Offences Act 2003 82(1) Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: 10 September 2022; Ref: scu.510907
The court considered the status of evidence given by a counsellor as to her consultations with the victim, and as to whether it counted as expert or opinion evidence. Held: A counsellor’s evidence should in general be limited to the facts of the consultation as to the dates given for alleged offences. In giving that … Continue reading Jones and Another, Regina v: CACD 30 Sep 2019
Judicial Review of the imposition on the Petitioner on a period of notification requirements of not less than fifteen years without provision for review within the said fifteen year period in terms of the Sexual Offences Act 2003 as amended by the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 Citations: [2013] ScotCS CSOH – … Continue reading Main v The Scottish Ministers: SCS 26 Jun 2013
The defendant had been convicted of sexual assaults, and made subject to a detention and training order, and also placed on the sex offenders register. On release he had failed to register as a sex offender, thinking his obligation to do so had expired. Held: The length of the sex offender registration was decided by … Continue reading Regina v Slocombe: CACD 23 Nov 2005
The defendant appealed convictions for sexual assault against four young girls. Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and can be shown to be relevant to, and probative of, a particular issue in the case, then it … Continue reading Regina v Venn: CACD 1 Feb 2003
The defendant, with no previous convictions appealed against conviction for sexual assaults on vulnerable women at the care home at which he worked. He said that the evidence was so weak that it should not have been left for the jury. Special procedures under the 1999 Act had been used for the complainants to give … Continue reading Regina v Watts: CACD 23 Jul 2010
The defendant appealed his conviction of sexual activity with a person wth a mental disorder. He said that the victim had consented. The court had said that her consent was vitiated by virtue of her mental disorder. Held: For mental disorder or incapacity to found such a prosecution, the lack of capacity had to be … Continue reading Regina v C (Mental disorder: Sexual activity): CACD 23 May 2008
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble applicants, TV, CP, BD and rubber wear.’ Held: The court upheld convictions which were dependent on Gloria Greaves, a post-operative male … Continue reading Regina v Tan: CA 1983
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009
Several appeals were heard on references against unduly lenient sentences of sex offenders. Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing exercise should be conversant with the guideline cases, and act accordingly. Guideline cases are not to be applied mechanically, but … Continue reading Attorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003): CACD 23 Oct 2003
Application for judicial review, with permission directed to a decision made at the Central Criminal Court lifting the notification requirements imposed on the interested party pursuant to Sections 81 and 82 of the Sexual Offences Act 2003. Judges: Laws LJ, Hickinbottom J Citations: [2013] EWHC 179 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 81 … Continue reading Commissioner of Police for The Metropolis v Central Criminal Court and Another: Admn 15 Jan 2013
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 24209/94, [2003] ECHR 391, (2004) 39 EHRR 34 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Re E (A Child); E v Chief Constable of the Royal … Continue reading YF v Turkey: ECHR 22 Jul 2003
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005
Citations: [2006] EWHC 3447 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Criminal Sentencing Updated: 09 July 2022; Ref: scu.249145
The court considered the evidential presumptions applied by section 75 of the 2003 Act in connection with an allegation of sexual assault. Judges: Lord Judge LCJ, Butterfield, Henriques JJ Citations: [2011] EWCA Crim 2665, [2012] 1 Cr App R 15 Links: Bailii Statutes: Sexual Offences Act 2003 75 Jurisdiction: England and Wales Crime Updated: 04 … Continue reading Ciccarelli, Regina v: CACD 3 Nov 2011
The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893
The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
PC (Jamaica) The defendants appealed against their convictions for capital murder. Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for the judge to give directions to the jury about the law of joint enterprise and as to whether the murder was committed in the circumstances … Continue reading Hunter, Moodie v The Queen: PC 8 Oct 2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The court rejected a challenge to the Home Secretary’s decision to substitute a period of 18 months for the 9 months recommended by the Parole Board to be passed in open conditions before the prisoner’s next review. ‘[The right not to be detained arbitrarily] can be breached as a matter of law if the Home … Continue reading Spence, Regina (on the Application of) v Secretary of State for the Home Department: CA 23 May 2003
Certification of point of law for an appeal to the House of Lords: ‘Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful … Continue reading Regina v Jones: CACD 16 Jan 2003
The claimant was a prisoner. He became entitled to be considered for release on parole, but was not released because the Parole Board had not made a decision. Held: The system for consideration of the release of discretionary and life prisoners infringed the human rights of such prisoners, insofar as the consideration of their release … Continue reading Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . … Continue reading Regina v B: CACD 2003
The defendant had approached the complainant as she walked at night to post a letter. When she declined to have sex with him, he grabbed her track suit bottoms by the pcket. She ran off. He appealed conviction for sexual assault, saying that the touching had not been sexual. Held: To decide whether a touching … Continue reading Regina v H (Sexual Assault: Touching): CACD 1 Feb 2005
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
The claimant made a claim as regards a sexual assault committed against him in prison. The Panel refused the claim on the basis that he had consented. Held: A claim might succeed where the consent was vitiated in such circumstances as would leave the assault a criminal offence. The claimant was vulnerable and had been … Continue reading Regina (E) v Criminal Injuries Compensation Appeals Panel: CA 3 Mar 2003
Appeals with leave against sentences totalling 12 months’ imprisonment, imposed following guilty pleas to three offences of failing to comply with notification requirements, contrary to section 91 of the Sexual Offences Act 2003. Citations: [2019] EWCA Crim 1460 Links: Bailii Statutes: Sexual Offences Act 2003 91 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 April … Continue reading Bricknell, Regina v: CACD 30 Jul 2019
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003
The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect … Continue reading Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995
The court considered an offence committed before 3 April 2005 when the CJA 2003 came into effect, and was sentenced before 3 December 2012 when new sentencing rules came into effect changing the 2003 rules. Held: The Court upheld a sentence of life imprisonment in respect of a count of assault by penetration contrary to … Continue reading Regina v DP: CACD 2013
In each case the defendant had commited violent or sexual offences and were caught by the new mandatory sentencing provisions, and been made subject to life imprisonment, or detention for public protection, or an extended sentence. Held: The court set out to summarise, not restate the provisions. ‘[T]he offender must be convicted of a ‘specified … Continue reading Lang and Others, Regina v: CACD 3 Nov 2005
From 4 years for section 9 offence. Judges: Lord Justice Elias Mr Justice Jack Recorder of Redbridge His Honour Judge Radford (Sitting as a Judge of the Court of Appeal Criminal Division) Citations: [2010] EWCA Crim 1005, [2010] 2 Cr App R (S) 106 Links: Bailii Statutes: Sexual Offences Act 2003 9 Jurisdiction: England and … Continue reading Naish, Regina v: CACD 23 Mar 2010
Whether Statement defamatory at common law The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual. Held: The appeal failed.Sir Anthony Clarke MR said: ‘no reasonable reader of the words complained of could … Continue reading Jeynes v News Magazines Ltd and Another: CA 31 Jan 2008
The defendant had been convicted of an offence under s 63 of the 2003 Act, of trespass with intent to commit a sexual offence He appealed saying that the section should be read to require the identification of the sexual offence which was intended to be committed. Held: The appeal failed. The section had not … Continue reading Pacurar, Regina v: CACD 13 Apr 2016
An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted protecting her and her child until the child was 18. She now … Continue reading X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd: QBD 21 May 2003
Appeal from 16 months’ imprisonment for causing or inciting a child to engage in sexual activity [2008] EWCA Crim 1974 Bailii Sexual Offences Act 2003 10 England and Wales Criminal Sentencing Updated: 05 January 2022; Ref: scu.343036
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been convicted of serious sexual and violent offences and detained under a … Continue reading G v Scottish Ministers and Another: SC 18 Dec 2013
ECHR (Grand Chamber) Article 10-1 Freedom of expression Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no violation Facts – The Communications Act 2003 prohibits political advertising in television or radio services, the aim being to maintain impartiality in the broadcast media and to prevent powerful … Continue reading Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay. Held: The case of R v B was of a particular character and not of assistance to the applicant. The … Continue reading Woodcock v The Government of New Zealand: QBD 14 Nov 2003
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision. Held: The appeal failed (Lord Mance dissenting). The term ‘judicial authority’ had a range of meanings. Under … Continue reading Assange v The Swedish Prosecution Authority: SC 30 May 2012
Safety of Stairs within Undergrounds Care of duty The Claimant sued the London Underground company because their relative Mr Ovu died after falling down stairs on a fire escape. It was late at night and he wandered on his own on a cold night, outdoors, onto the stairs. The staircase was in good condition. The … Continue reading Ovu v London Underground Ltd (Duty of Care): QBD 13 Oct 2021
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
The appellant, accused of several rapes but found unfit to plead and made subject to a hospital order, appealed saing that his police interview had been wrongly admitted, and that the judge had failed to give a Lucas direction. Fulford LJ, Cox J, Wait J [2013] EWCA Crim 2329 Bailii Sexual Offences Act 2003, Criminal … Continue reading Swinbourne, Regina v: CACD 10 Dec 2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The court was asked whether the requests are open to challenge on the basis that (i) … Continue reading Bucnys v Ministry of Justice: SC 20 Nov 2013
The claimant sought to challenge the variation of a Sexual Offences prevention order made against him which had the effect of imposing a curfew on him unless subject to electronic monitoring. The The request for judicial review failed. McCombe LJ, Stewart J [2013] EWHC 2208 (QB) Bailii Sexual Offences Act 2003 104 England and Wales … Continue reading Richards, Regina (on The Application of) v Teesside Magistrates Court and Another: QBD 30 Jul 2013
The appellant aged 15, had sexual intercourse with a girl aged 12. He pleaded guilty to a charge of rape of a child under 13, contrary to section 5 of the 2003 Act, on the written basis that the intercourse was consensual in fact (although by reason of her age the girl was incapable of … Continue reading G v The United Kingdom: ECHR 30 Aug 2011
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
peck_ukECHR2003 The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness of the CCTV system, of the police and otherwise. Only in later … Continue reading Peck v The United Kingdom: ECHR 28 Jan 2003
Consent to Sex Requires Capacity The prosecution appealed against the reversal of the defendant’s conviction for a sexual assault of a woman said to be unable to communicate her refusal to sex because of her mental disorder. Held: The appeal was allowed, and the conviction restored. The case law on capacity has for some time … Continue reading Regina v C: HL 30 Jul 2009
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993
The claimants were former serving prisoners who complained that the early release provisions discriminated against them unjustifiably. Each was subject to a deportation requirement, and said that in their cases the control on the time for their early release had been vested in the respondent and not in the courts. Held: It could no longer … Continue reading Clift, Regina (on the Application of) v Secretary of State for the Home Department: HL 13 Dec 2006
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died. Held: The trial took place before R -v- G which had overruled Caldwell. The standard of recklessness to be show was that laid down in Cunningham. … Continue reading Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004
The claimant challenged the 2012 Regulations saying the the requirement for him to provide details of his banking and other accounts infringed his Article 8 rights. Held: The Regulations were not incompatible: ‘We do not consider that the means employed are in any way inappropriate or disproportionate. They are plainly a practical and proportionate means … Continue reading Prothero, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Sep 2013
The respondent was convicted of sexual offences against two groups of boys. The trial judge directed the jury that they would be entitled to take into account the uncorroborated evidence of the second group as supporting evidence given by the first group. Held: The House considered what was the general character of relevant evidence. Lord … Continue reading Regina v Kilbourne: HL 1973
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented. Held: For a defence of mistake to succeed, the mistake must have been honestly made and need not have been reasonably held. Where a defendant had sexual intercourse with a woman without … Continue reading Regina v Morgan: HL 30 Apr 1975
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common. Held: The Act imposed liability if four conditions were met: the premises were dangerous, the … Continue reading Donoghue v Folkestone Properties Limited: CA 27 Feb 2003
Effect upon sentencing of amendments to dangerous offender provisions Lord Thomas of Cwmgiedd CJ, Mitting, Thirlwall JJ [2014] WLR(D) 110, [2014] 2 Cr App R (S) 45, [2015] 1 All ER 93, [2014] 1 WLR 4209, [2014] EWCA Crim 334 WLRD, Bailii Criminal Justice Act 2003, Legal Aid, Sentencing and Punishment of Offenders Act 2012 … Continue reading Burinskas, Regina v, (Attorney General’s Reference (No 27 of 2013)): CACD 4 Mar 2014
SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008
Consent not removed by Lie as to Vasectomy The defendant appealed from his conviction of rape. He had represented to his victim that he had had a vasectomy to secure consent which the court found had been vitiated. Held: The appeal was allowed. Could a lie about fertility negate ostensible consent? The ‘but for’ test … Continue reading Lawrance, Regina v: CACD 23 Jul 2020
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial in the UK for offences here, he had asked for the four outstanding … Continue reading Zakrzewski v The Regional Court In Lodz, Poland: SC 23 Jan 2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
A teenage woman impersonated a teenage man and secured the consent of another young woman on that basis to engage in digital penetrative activity.
Held: A victim’s consent to a sexual penetration might be destroyed by a defendant’s deception . .
Application for judicial review of the refusal of the Director of Public Prosecutions to initiate a prosecution for rape and/or sexual assault of the claimant by her former partner. The claimant said that she had initially consented to sex with her . .
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Judges: Lord Justice William Davis Mr Justice Fraser Mrs Justice May Citations: [2022] EWCA Crim 986 Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Criminal Sentencing Updated: 03 November 2022; Ref: scu.682286
Judges: The Lord Woolf of Barnes LCJ Citations: [2005] EWCA Crim 732, [2005] 2 All ER 859, [2005] 1 WLR 2005, [2005] 2 Cr App R 149 Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Crime Updated: 05 October 2022; Ref: scu.659882
The defendant appealed against his conviction for sexual assault on a female when she suffered a mental condition which prevented her indicating her refusal of the touching. Held: The complainant’s irrational fear due to her mental disorder could not be equated with a lack of capacity to choose, and there was no evidence that she … Continue reading C, Regina v: CACD 2008
The applicant for judicial review (D) had been convicted and sentenced for an offence under section 3 of the 2003 Act, and recommended for deportation. He sought review of the decision of the respondent not to refer his case to the Court of Appeal for reconsideration. A question had arisen as to the existence of … Continue reading Davis, Regina (on The Application of) v Criminal Cases Review Commission: QBD 2 Feb 2010
Judges: Lord Justice Haddon-Cave Citations: [2022] EWCA Crim 412 Links: Bailii Statutes: Sexual Offences Act 2003 3, Criminal Justice Act 1988 39 Jurisdiction: England and Wales Crime Updated: 01 May 2022; Ref: scu.675603
The defendant appealed against his convictions for sexual assaults committed in the course of providing articicial insemination of various women. Sir Brian Leveson P QBD, Cranston, Singh JJ [2015] EWCA Crim 632 Bailii Sexual Offences Act 2003 3 England and Wales Crime Updated: 29 December 2021; Ref: scu.545614
Appeal from a decision that care workers would not commit a criminal offence under section 39 of the 2003 Act were they to make the practical arrangements for a 27 year old man to visit a sex worker in circumstances where he has capacity (within the meaning of the 2005 Act) to consent to sexual … Continue reading The Secretary of State for Justice v A Local Authority and Others: CA 22 Oct 2021
The claimant challenged a formal caution administered against him for an alleged sexual assault. He denied that he had made any clear admission of the offence. Held: The requirement under the procedure was for a clear admission of guilt, but that admission could be taken from answers given in interview. Even so, here, there was … Continue reading Wyman, Regina (on the Application of) v The Chief Constable of Hampshire Constaulary: Admn 24 Jul 2006
The defendant appealed his sentence for the rape of a child under 13. Held: In setting the sentence, the judge had referred to consultation guidelines issued by the Sentencing Guidelines Council. The applicable guide case was Millberry until and unless the consultation was concluded and new guidance given. The sentence was reduced to the starting … Continue reading Regina v Lloyd (BP): CACD 28 Feb 2007
The defendant appealed against his conviction for sexual grooming. Held: ‘On the face of it, the fact that the description of the offence in the heading is ‘meeting a child following sexual grooming etc’ might be taken to suggest that the behaviour antecedent to any arranged meeting must itself be sexual in nature. The phrase … Continue reading Gaviria v Regina: CACD 19 Jul 2010
Police appeal against refusal of court to uphold sexual offences prevention order. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1792 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 104(1) Jurisdiction: England and Wales Criminal Practice Updated: 05 December 2022; Ref: scu.258807
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The victim complied with the defendant’s instructions, given in text messages where he was posing as a police officer, to the effect that she should have sexual intercourse with him. These offences were committed either side of the coming into force of the 2003 Act; and, in relation to the pre-May 2004 period, they were … Continue reading Jheeta, Regina v: CACD 11 Jul 2007
Whether the imposition of a Notification Order (‘N/O’) under section 97 of the Sexual Offences Act 2003 (‘SOA 2003’) was disproportionate and breached Article 8 of the European Convention on Human Rights Judges: Lord Justice Haddon-Cave and Mr Justice Holgate Citations: [2020] EWHC 1053 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing, Human Rights … Continue reading Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020
