The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act.
Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements that their data could be shared for the purpose of crime detection, prevention and prosecution. That was sufficient basis for the officers to obtain and use the data, and they had not needed to rely on the 1984 Act. It was lawfully obtained and fairly used.
Judges:
Lord Thomas of Cwmgiedd CJ, Simon, Patterson JJ
Citations:
[2015] EWCA Crim 1305, [2015] WLR(D) 346
Links:
Statutes:
Police and Criminal Evidence Act 1984, Data Protection Act 1998 29(1), Criminal Law Act 1977 1(1)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Griffiths and Others CCA 1965
A supplier of lime and his employee were accused of conspiring with seven farmers to defraud the Ministry by submitting excessive subsidy claims. They were also charged with fraudulently obtaining money from the Ministry. There was no evidence that . .
See Also – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Cited – Regina v Greenfield CACD 1973
Where a general conspiracy is charged in a single count, it is not bad for duplicity only because the evidence offered to prove it includes proof of the subsidiary conspiracies entered into in carrying out the general conspiracy. Duplicity is a . .
Cited – Mehta v Regina CACD 31-Dec-2012
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted.
Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the . .
Cited – Dhall v Regina CACD 27-Sep-2013
The appellant said that his conviction for assisting breaches of immigration law in his work as an immigration adviser by creating false documentation to support clients’ applications for extensions of leave to stay was not itself an allegation of . .
Cited – Serious Fraud Office v Papachristos and Another CACD 19-Sep-2014
The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Information, Police
Updated: 25 October 2022; Ref: scu.551037