AXN v The Queen: CACD 27 May 2016

The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the judge should set out:
i) The offender’s status and whether he is a Covert Human Intelligence Source (CHIS) under the Regulation of Investigative Powers Act 2000.
ii) The details of the assistance provided, the information or intelligence provided and whether he is willing to be a witness.
iii) The effort to which the offender had gone to obtain the information.
iv) Any risk to the offender or his famil
v) An assessment of the benefit derived by the police, including any arrests or convictions or any property recovered.
vi) Any financial reward the offender has already received for the assistance provided.
vii) A statement as to whether the offender will be of future use to the police.’
. . And ‘balancing the interests of the offender and the public interest, although the court will always expect the police to inform the court of the fact that the police have made a decision not to provide a text as matter of case management, it is sufficient if the police merely state that they will not provide any information to the court in relation to the offender’s assertions of assistance. The police are not required to give any explanation of their reasons for the decision (for example they decline to engage or have engaged and wish to take the matter no further), or the stage at which they decided not to provide any information. The police need do no more than say that the police will not provide any information to the court. Such a statement to the court can generally be provided by letter and not by text. There may unusually be circumstances where the police would have to reveal in the reply the assertions of the offender that he had provided assistance; in such a case it might therefore be necessary to provide the response in the form of a text. Whether it is provided by letter or text, it must be signed by a senior officer of police (normally a superintendent) or an equivalent senior official in other law enforcement agencies.’

Lord Thomas of Cwmgiedd CJ, Hallet VP, Treacy LJJ
[2016] EWCA Crim 590
Serious Organised Crime and Police Act 2005 73 74 75, Regulation of Investigative Powers Act 2000
England and Wales
CitedRegina v Sivan CACD 1988
Lord Lane CJ discussed the systems surrunding the giving of assistance to the police by suspects: ‘It is an area of law fraught with difficulties, as anyone who has practised in this field at the Bar or who has had to decide this type of case, . .
CitedRegina v X 1999
The defendant said that he had assisted the police, but that the court had given it insufficient weight on sentencing.
Held: The court declined to investigate the dispute between the defendant and police officers as to the extent of his . .
CitedRegina v King CACD 1985
The court considered the effect on sentencing of the co-operation of the defendant in providing useful information to the police. . .
CitedRegina v Piggott 2-Dec-1994
The offender had pleaded guilty to two offences of robbery. He sought to rely on information he had provided to the police in mitigaion. At a hearing before the sentencing judge on 4 November 1993, the police provided the court with a text. At a . .
CitedSwinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
CitedRegina v Lingu (Daniel) CACD 2013
As the Court of Appeal is a court of review, an offender who does not offer assistance before conviction and sentence will ordinarily not be able to rely on the provision of information after conviction before the Court of Appeal. . .
CitedRegina v A and B CACD 1999
Lord Bingham CJ discussed the effect on sentence of the defendant having provided information of assistance to the police: ‘If the information given is accurate, particularised, useful in practice, and hitherto unknown to the authorities, enabling . .
CitedP, Regina v; Regina v Blackburn CACD 22-Oct-2007
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 . .
CitedAn Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
CitedRegina v Debagg and Izzet CACD 1991
Auld J faced a request from a defendant to have taken into consideration his assistance to the police and said: ‘There is a clear public policy interest in encouraging the speedy proffering of information by those who have it and as part and parcel . .
CitedRegina v Z CACD 26-Jun-2007
The defendant appealed against his sentence for conspiracy to supply large volumes of prohibited drugs, the consecutive sentences totalling 18 years. The defendant had provided information to the police which had resulted in the recovery of . .
CitedPetherick, Regina v CACD 3-Oct-2012
Appeal against a sentence of four years and nine months which was imposed for the offences of causing death by dangerous driving and driving with excess alcohol in a case in which she had entered prompt pleas of guilty.
Held: Responsibility . .
CitedGray and Others, Regina v CACD 7-Oct-2014
These applications raise yet again the question of when it is appropriate to make a loss of time order.
Held: ‘the only means the court has of discouraging unmeritorious applications which waste precious time and resources is by using the . .
CitedZTR, Regina v CACD 25-Aug-2015
The appellant had been convicted for murder. Whilst serving as a prisoner he provided substantial assistance to the police in solving other crimes. The court was now asked as to the extent to which such assistance ater conviction might allow . .
CitedGrant and Others v Regina CACD 20-Nov-2015
The defendants appealed against their convictions for murder. They alleged that there had been material non-disclosure of evidence. In particular, officers were said to have obtained o-operation from a defendant on the basis of a promise that the . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 01 November 2021; Ref: scu.564845