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
(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 defendant had been convicted of several offences involing serious assaults. He now appealed against a sentence to imprisonment for public protection. Judges: Latham L, Burton, Teare JJ Citations: [2007] EWCA Crim 2650, [2007] All ER (D) 376 Links: Bailii Statutes: Criminal Justice Act 2003 225 Citing: Cited – O’Brien, Harris, Moss, Llewellyn and others … Continue reading Crees, Regina v: CACD 24 Oct 2007
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
Challenge to a series of interim sexual risk orders (‘ISROs’) made pursuant to section 122E of the Sexual Offences Act 2003 Judges: Mr Justice Fordham Citations: [2022] EWHC 1176 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Practice Updated: 08 June 2022; Ref: scu.677846
The defendants appealed their sentences for possession and distribution of indecent images of children. The court gave detailed sentencing guidelines for the offences. Distinctions were made for the gradations of pornography, from erotic posing only, to depictions of sexual activity between children, to non-penetrative sexual activity between adults and children, to penetrative activity, and lastly … Continue reading Regina v Oliver etc: CACD 21 Nov 2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002
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
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
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 claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005
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 applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
Evidence of making indecent images admissible Each defendant was convicted of offences of sexual abuse of children, in each case said to have been committed over a substantial period. Each of them denied any sexual contact with the children at all. In each case the judge admitted, under the bad character rules contained in the … Continue reading D and Others, Regina v: CACD 17 May 2011
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
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct has been calculated by him to make a profit for himself which may … Continue reading Rookes v Barnard (No 1): HL 21 Jan 1964
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The court considered whether the trial court had correctly identified the test for fitness to plead. Held: The appeal was allowed: ‘Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly found that the appellant had been fit to participate in his trial up to … Continue reading Orr, Regina v: CACD 7 Jul 2016
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 . .
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