Category: Crime

Gabriel, Regina v: CACD 2 Feb 2006

The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income without declaring it constitute a criminal offence ‘given the declarations made on application for benefit (or lack of declaration to the Inland Revenue)’. The Recorder answered that ‘both matters can constitute a criminal offence provided that there is dishonesty on the part of the person concerned’.
Held: The appeal was allowed: ‘It is absolutely plain to me that in relation to any confiscation proceedings that may follow upon a conviction for cheating the Revenue, that the arguments advanced by the Crown in relation to the meaning of ‘criminal property’ would hold water. With regard to the money laundering count, awkward though it may be, it seems to me that the conclusions reached by Lord Justice Gage in Gabriel carry the day and that there is a fatal flaw in Count 12.
I will conclude that incomplete disclosure of takings cannot convert legitimate takings into criminal property as defined. Count 12 will therefore be withdrawn from the jury.’

Gage LJ
[2006] EWCA Crim 229, [2007] 2 Cr App Rep 11, [2007] 1 WLR 2272, [2006] Crim LR 852
Bailii
Proceeds of Crime Act 2002 340(5)
England and Wales
Cited by:
Distinguished – IK, Regina v CACD 8-Mar-2007
The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act.
Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 January 2022; Ref: scu.248236

Regina v Bown (Mark): CACD 23 Jun 2003

The defendant was charged with having in his possession a locked blade. His defence was that he had good reason, relying upon the explanation given at the police station. The judge withdrew the defence from the jury. He appealed, saying the judge should have left the jury to decide.
Held: The words ‘good reason’ were words are ordinary words, but it is for the judge to decide whether the explanation advanced was capable of being a good reason. An explanation may not be a reason. A judge should be slow to take from the jury the interpretation of ordinary words, and should do so only in a clear cut case. This was one such.

Keene LJ, Simon J, Sir Richard Tucker
Times 14-Jul-2003, Gazette 04-Sep-2003, [2003] EWCA Crim 1989, [2004] 1 Cr App R 151
Bailii
Criminal Justice Act 1988 139(1)
England and Wales
Cited by:
Cited – Wang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .
Cited – Wang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .
Cited – Chahal v Director of Public Prosecutions Admn 24-Feb-2010
The defendant appealed against his conviction for possession of a bladed article. He had used the knife at work and forgotten to leave it at work and had it in his pocket by accident.
Held: The appeal succeeded. The defendant had been accepted . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 January 2022; Ref: scu.184551

Chorherr v Austria: ECHR 25 Aug 1993

The applicant was one of two arrested demonstrating against the Austrian armed forces at a military parade. They had rucksacks on their backs, with slogans on them. The rucksacks were so large that they blocked other spectators’ view of the parade. This caused ‘a commotion’ among the spectators who were protesting loudly at the obstruction. The demonstrators were arrested to prevent disorder.
Held: In the circumstances it could not be said that the arrests had not been a proportionate way of preventing disorder. There had accordingly been no violation of the applicant’s article 10 rights. The phrase ‘likely to cause annoyance’ satisfied the requirement of reasonable certainty: ‘the level of precision required of the domestic legislation – which cannot in any case provide for every eventuality – depends to a considerable degree on the content of the instrument considered, the field it is designed to cover and the number and status of those to whom it is addressed.’

[1993] ECHR 36, 13308/87, (1993) 17 EHRR 358, [1993] ECHR 36
Worldlii, Bailii
European Convention on Human Rights 10
Human Rights
Cited by:
Cited – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Hashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Updated: 04 January 2022; Ref: scu.165277

McCann v Crown Prosecution Service: Admn 21 Aug 2015

Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and had acted accordingly under the 1980 Act.
Held: The appeal failed.
The inspector’s request or direction to the appellant to move could not in the circumstances amount to anything which was prima facie an unlawful interference with the appellant’s liberty or property, and any act of wilful obstruction would not only obstruct the highway but also the inspector in the execution of her duty to clear it. Accordingly she could choose which offence to arrest for, and chose both. The issue is whether that plan was reasonable and lawful. There was nothing unlawful about asking the appellant to move and informing her that if she does not she will be committing a criminal offence. Accordingly, it was not necessary for the officer to have had the correct offence in mind at the time the direction to move was given. It was sufficient for the officer to have taken steps which reasonably appeared to her to be necessary for preventing crime. The fact that the officer in fact had an offence of which the appellant was not guilty in mind did not prevent her from taking steps which in the circumstances, as she believed them to be, reasonably appeared to her to be necessary for preventing crime.

Treacy LJ, Edis J
[2015] EWHC 2461 (Admin)
Bailii
Police Act 1996 89(2), Highways Act 1980 137, Criminal Justice and Public Order Act 1994 68
England and Wales
Citing:
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Hinchcliffe v Sheldon QBD 20-Jan-1955
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .
Cited – Regina v Waterfield and Lynn 1963
A police officer does not have an unfettered right to restrict movements on private land.
Ashworth J said: ‘In the judgment of this court it would be difficult . . to reduce within specific limits the general terms in which the duties of . .
Cited – Rice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
Cited – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – Clarke v Chief Constable of North Wales Police Admn 2000
Although the power of arrest without warrant depends on the existence in the mind of the arresting officer of reasonable suspicion of the material elements of an arrestable offence, there is no requirement of law that the constable must have first . .
Cited – Alford v Cambridgeshire Police CA 24-Feb-2009
The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for . .
Cited – Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another Admn 31-Jul-2012
The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation.
Held: The search warrants were set aside: ‘the fact that one or more suspects have . .
Cited – B v Director of Public Prosecutions Admn 3-Jul-2008
The defendant, a minor, appealed against conviction for obstructing a police constable and breach of the peace. He said he was resisting an unlawful search.
Held: The officer’s conduct must be lawful to support such an allegation. . .
Cited – Metcalf v Crown Prosecution Service Admn 22-Apr-2015
Police officers had attended an address following reports of a domestic disturbance between the appellant and another. Both men were arrested. The appellant objected as the other individual was escorted away by the two officers and placed in the . .
Cited – Chapman v Director of Public Prosecutions CA 1989
The section required a constable to have reasonable grounds for suspecting that an arrestable offence had been committed before he could arrest without warrant.
Held: Bingham LJ said: ‘It is not of course to be expected that a police constable . .

Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 03 January 2022; Ref: scu.551474

Commissioner of Police of The Metropolis v Ahsan: Admn 7 Aug 2015

Application by the Commissioner of Police of the Metropolis for an order to impose notification requirements for a period of 15 years on Syed Talha Ahsan under the 2008 Act. In 2013, he was convicted in the United States of conspiracy to provide material assistance for terrorism through his involvement in a website. He has now returned to the United Kingdom. The notification order will require him for that period to attend police stations to provide, and update, information about his living arrangements and to provide details about his travel plans, for which permission can be refused. Breach of the requirements is punishable with imprisonment of up to 5 years.

Cranston J
[2015] EWHC 2354 (Admin)
Bailii
Counter-Terrorism Act 2008
England and Wales

Crime, Police

Updated: 03 January 2022; Ref: scu.551046

Robinson v The State: PC 20 Jul 2015

Trinidad and Tobago – The defendant appealed against his conviction for murder, complaining of the manner in which the partial defence of diminished responsibility was dealt with in the court of trial.

Lady Hale, Lord Kerr, Lord Clarke, Lord Hughes, Lord Toulson
[2015] UKPC 34, [2015] WLR(D) 322
Bailii, WLRD

Commonwealth, Crime

Updated: 03 January 2022; Ref: scu.551028

Lunkulu and Others v Regina: CACD 7 Aug 2015

Request for leave to appeal out of time against convictions for murder and against sentence. Much evidence had been circumstantial, and the defendants alleged bias in the summing up, and complained of the admission of bad character evidence.
Held: ‘ the structure of the summing up in this case was unimpeachable. In a wholly conventional manner the judge gave the jury the directions on the law that had been reduced to writing and discussed with counsel in advance; he summarised the facts in the case at some considerable and appropriate length; and, finally, he summarised the arguments of the parties. The judge emphasised a number of times that the facts were for the jury. He instructed them to ignore any comments on his part if they did not agree with them. He did not refer, and he was not required to refer, to each and every point made by counsel for the prosecution or the accused. We reject the suggestion that the summing up was unbalanced in favour of the prosecution.’
As to the evidence of similar recent local shootings: ‘We consider that the shooting of Arslan on 31 July 2009 and the evidence of the attempted murders of Coban and Demir on 30 September 2009 was admissible because it was relevant to the facts of the present case. Although the prosecution could prove the charges without introducing this material, it fell within paragraph 98 (a) because this evidence of misconduct was directly relevant to it. These events were closely, indeed inextricably, linked to the facts of the present murder. As described above, what otherwise might have been viewed as a random or inexplicable shooting, was on the prosecution case a vital part of the ongoing feud between two Turkish drug gangs in North London – the Tottenham Turks and the Hackney Turks – and most particularly the series of tit-for-tat stabbings and shootings in the Autumn of 2009. We agree with Stanley Burnton LJ that section 98(a) includes no necessary temporal qualification, and it applies to evidence of incidents whenever they occurred so long as they are to do with the alleged facts of the offence with which the defendant is charged. That will involve a highly fact-specific question.’

Fulford LJ, Stewart, Edis JJ
[2015] EWCA Crim 1350
Bailii
Criminal Justice Act 2003 98
England and Wales
Citing:
Cited – Singh-Mann and Others v Regina CACD 15-Apr-2014
The defendants appealed against their convictions for conspiracy to defraud, attacking the judge’s summing up.
Held: The appeals failed.
Fulford LJ said, as to where the accused had not given evidence: ‘On the basis of those authorities, . .
Cited – Regina v Sharp CACD 1994
The defendant appealed complaining of the judge’s interference in his cross-examination.
Held: ‘In general, when a cross-examination is being conducted by competent counsel a judge should not intervene, save to clarify matters he does not . .
Cited – Tirnaveanu, Regina v CACD 24-May-2007
The defendant had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants.
Held: The evidence admitted was highly relevant as . .
Cited – Sule v Regina CACD 23-May-2012
################
Stanley Burnton LJ concluded: ‘In our judgment, the evidence of the three incidents was evidence that was alleged to do with the evidence of the murder in question. The words of the statute are straightforward, and clearly . .
Cited – McNeill, Regina v CACD 6-Nov-2007
The court considered the admission of bad character evidence under the 2003 Act which was not clear. Rix LJ said: ‘In our judgment, however, the words of the statute ‘has to deal with’ are words of prima facie broad application, albeit constituting . .
Cited – Humphris, Regina v CACD 19-Jul-2005
The defendant appealed against his convictions for sexual and other serious assaults. He complained of the admission in evidence of previous convictions and the methods used by him.
Held: The appeal failed: ‘Judge Brown dealt with the previous . .
Cited – C v Regina CACD 17-Dec-2010
The defendant appealed against an order at a preparatory hearing that evidence of his previous convictions and the manner of his actions should be admissible at his trial for two murders. A ruling had been given which the defendant said would . .

Cited by:
Cited – Hussain, Regina v (No 2) CACD 28-Apr-2016
. .

Lists of cited by and citing cases may be incomplete.

Crime, Criminal Evidence

Updated: 03 January 2022; Ref: scu.551041

The Federal Republic of Brazil and Another v Durant International Corporation and Another: PC 3 Aug 2015

Jersey – In a case of alleged money laundering, the court should be ready to consider whether it is satisfied that a series of transactions were part of a co-ordinated scheme, and the appearance of balances in accounts should not be ignored where these were mere incidents of banking.

Lord Neuberger, Lord Mance, Lord Carnwath, Lord Toulson, Lord Hodge
[2015] UKPC 35, [2015] WLR(D) 358
Bailii, WLRD
England and Wales

Banking, Crime

Updated: 03 January 2022; Ref: scu.551030

Hunte and Another v The State: PC 16 Jul 2015

Trinidad and Tobago – defendants appealed against conviction for murder and also against the sentences imposed.
Held: The fact alone that the Board was hearing an appeal against conviction and or sentence did not give it jurisdiction to order the commutation of the death penalty. Such an order required an application under a constitutional sentence.

Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke, Lord Sumption, Lord Reed, Lord Toulson
[2015] UKPC 33, [2015] WLR(D) 340
Bailii, WLRD

Commonwealth, Crime, Criminal Sentencing, Constitutional

Updated: 03 January 2022; Ref: scu.551027

Steel, Regina v: CACD 10 Jun 2003

Appeal against conviction of murder brought upon a reference by the Criminal Cases Review Committee.
Held: ‘allowing this appeal and quashing his conviction in the light of new evidence from both defence and Crown consultant psychologists, which we accept, indicating that Mr Steel is and was mentally handicapped and at the borderline of abnormal suggestibility and compliability; and, therefore, a significantly more vulnerable interviewee than could have been appreciated at the time of trial.’

[2003] EWCA Crim 1640
Bailii
England and Wales

Crime

Updated: 03 January 2022; Ref: scu.183647

Leetham v Director of Public Prosecutions: Admn 13 Oct 1997

The Appellant appeals by way of Case Stated against a decision of the Faversham and Sittingbourne Justices in Kent whereby, on 13th October 1997, they convicted him of an offence of driving while unfit through drugs, contrary to section 4(1) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988.

Lord Justice Rose,,
Mr Justice Sullivan
[1997] EWHC Admin 868
Bailii
England and Wales

Crime

Updated: 03 January 2022; Ref: scu.137813

Linehan v Director of Public Prosecutions: Admn 8 Oct 1999

Appeal by way of Case Stated against a decision convicting the Applicant of two charges of assaulting a constable in the execution of his duty, contrary to section 89(1) of the Police Act 1996. He had refused entry to officers acting under a section 18 authority, the appellant’s sone being in custody.
Held: The facts recorded as having been found in the Case Stated do not include any proposition to the effect that the officers explained that they proposed to search the premises for the proceeds of a burglary for which the Applicant’s son had been arrested. The appeal was allowed.

Laws LJ, Potts J
[1999] EWHC 4005 (Admin)
Bailii
Police Act 1996 89(1), Police & Criminal Evidence Act 1984 18
England and Wales
Citing:
Applied – O’Loughlin v Chief Constable of Essex CA 12-Dec-1997
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable.
Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present . .

Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 02 January 2022; Ref: scu.550584

R v R: CA 24 Jul 2015

The court was asked: ‘Does the order of Moor J against the appellant husband to pay in russia interim maintenance to his wife unlawfully cirumvent prohibitions in Ukrainian sanctions legislation to which the husband is subject?’

Arden, Ryder, Briggs LJJ
[2015] EWCA Civ 796
Bailii
Council Regulation (EU) No 269/2014, Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014
England and Wales

Family, International, Crime

Updated: 02 January 2022; Ref: scu.550590

Morris v The Director of Public Prosecutions: CANI 2 Jul 2015

Appeal by way of case stated from Dungannon Magistrates’ Court following the conviction of the appellant/defendant (‘the appellant’) for two offences of allowing a person under the age of 18 to be in licensed premises during the permitted hours.

Morgan LCJ, Gillen LJ and Treacy J
[2015] NICA 49
Bailii
Northern Ireland

Licensing, Crime

Updated: 02 January 2022; Ref: scu.550145

The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’

The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain that they did not satisfy the requirement of legal certainty.
Held: ‘In the Court’s opinion, the following are two of the requirements that flow from the expression ‘prescribed by law’. First, the law must be adequately accessible: the citizen must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. Secondly, a norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able – if need be with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail. Those consequences need not be foreseeable with absolute certainty: experience shows this to be unattainable. Again, whilst certainty is highly desirable, it may bring in its train excessive rigidity and the law must be able to keep pace with changing circumstances. Accordingly, many laws are inevitably couched in terms which, to a greater or lesser extent, are vague and whose interpretation and application are questions of practice.’
and ‘Where there has been an interference with the Art. 10(1) right, it is not sufficient that its subject-matter fell within a particular category or was caught by a legal rule formulated in general or absolute terms; the Court has to be satisfied that the interference was necessary having regard to the facts and circumstances prevailing in the specific case before it’.
Article 10(1) confers not only the right to ‘impart’ information and ideas but also the right to ‘receive’ them.
Article 10(2) specifically identifies ‘maintaining the authority and impartiality of the judiciary’ as a legitimate aim which may justify interference with freedom of expression. The phrase has a wide scope . .
The term ‘judiciary’ (‘pouvoir judiciaire’) comprises the machinery of justice or the judicial branch of government as well as the judges in their official capacity. The phrase ‘authority of the judiciary’ includes, in particular, the notion that the courts are, and are accepted by the public at large as being, the proper forum for the ascertainment of legal rights and obligations and the settlement of disputes relative thereto; further, that the public at large have respect for and confidence in the courts’ capacity to fulfil that function.’
and ‘The Court would reiterate its opinion that the phrase ‘in accordance with the law’ does not merely refer back to domestic law but also relates to the quality of the law, requiring it to be compatible with the rule of law, which is expressly mentioned in the preamble to the Convention. The phrase thus implies – and this follows from the object and purpose of Article 8 – that there must be a measure of legal protection in domestic law against arbitrary interferences by public authorities with the rights safeguarded by paragraph 1. Especially, where a power of the executive is exercised in secret, the risks of arbitrariness are evident. Undoubtedly, as the Government rightly suggested, the requirements of the Convention, notably in regard to foreseeability, cannot be exactly the same in the special context of interception of communications for the purposes of police investigations as they are where the object of the relevant law is to place restrictions on the conduct of individuals. In particular, the requirement of foreseeability cannot mean that an individual should be enabled to foresee when the authorities are likely to intercept his communications so that he can adapt his conduct accordingly. Nevertheless, the law must be sufficiently clear in its terms to give citizens an adequate indication as to the circumstances in which and the conditions on which public authorities are empowered to resort to this secret and potentially dangerous interference with the right to respect for private life and correspondence.’

G Balladore Pallieri, President
6538/74, (1979) 2 EHRR 245, [1979] ECHR 1
Worldlii, Bailii
European Convention on Human Rights 10
Human Rights
Cited by:
Cited – Regina v Perrin CACD 22-Mar-2002
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the . .
Cited – Goldstein, Rimmington v Regina CACD 28-Nov-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 . .
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Director of Public Prosecutions v Hammond QBD 13-Jan-2004
A preacher repeatedly displayed posters such as ‘Stop Homosexuality’ and ‘Stop Lesbianism’. He had been convicted of displaying a sign which was threatening abusive or insulting within the sight of a person likely to be caused harrassment alarm on . .
Cited – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
Cited – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Cited – Home Office v Hariette Harman HL 11-Feb-1982
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings.
Held: The documents were disclosed under an obligation to use them for the instant case only. That rule . .
Cited – Dow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Cited – A, K, M, Q and G v HM Treasury Admn 24-Apr-2008
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval.
Cited – Corporate Officer of the House of Commons v The Information Commissioner and others Admn 16-May-2008
Applicants had sought disclosure of information supplied by members of Parliament in support of expenses claims. The Office appealed against an order from the Commissioner to produce that information, saying that the actions of Parliament are not . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another QBD 29-Oct-2008
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
See Also – The Sunday Times v The United Kingdom ECHR 6-Nov-1980
Hudoc Judgment (Just satisfaction) Costs and expenses award – Convention proceedings . .
Cited – Regina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
Cited – Regina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Mentioned – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Cited – British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad Admn 11-Jan-2012
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview.
Held: The claim succeeded. The decision was quashed and must be retaken. If ever any . .
Cited – Sherry v The Queen PC 4-Mar-2013
Discretion as to credit for remand time
(Guernsey) In 1980 the appellant had been sentenced to three months imprisonment. He had spent 10 days on remand, but no allowance was given for that time. He gave notice of appeal, but after being released on open remand, he failed to appear at his . .
Cited – Seckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
Cited – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .
See Also – The Sunday Times v The United Kingdom (No 1) ECHR 6-Nov-1980
The Court had held, inter alia, that there had been a breach of Article 10 by reason of an injunction granted against Times Newspapers Limited in accordance with the English law of contempt of court but no breach of Article 14 (art. 14).
Cited – The Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
Cited – Human Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Crime, Media

Leading Case

Updated: 02 January 2022; Ref: scu.164890

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence

The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted under section 2 of the 1961 Act for that assistance.
Held: The Director was required to provide guidance on the factors which would be taken into account in deciding whether to prosecute someone for assisting a suicide. The House itself could not change the law, that would be for Parliament. Departing from Pretty, the claimant’s article 8 rights were engaged. The citizen had a right to have the law formulated with such precision as would allow him to regulate his conduct so as to avoid prosecution. The Code for Crown Prosecutors for article 8.2 purposes was to be seen to be part of the law. The Code as it stood offered almost no guidance.
Lord Hope observed that the Convention’s concept of law: ‘implies qualitative requirements, including those of accessibility and foreseeability. Accessibility means that an individual must know from the wording of the relevant provision and, if need be, with the assistance of the court’s interpretation of it what acts and omissions will make him criminally liable: see also Gulmez v Turkey (Application No 16330/02) (unreported) given 20 May 2008, para 49. The requirement of foreseeability will be satisfied where the person concerned is able to foresee, if need be with appropriate legal advice, the consequences which a given action may entail. A law which confers a discretion is not in itself inconsistent with this requirement, provided the scope of the discretion and the manner of its exercise are indicated with sufficient clarity to give the individual protection against interference which is arbitrary: Goodwin v United Kingdom (1996) 22 EHRR 123 , para 31; Sorvisto v Finland , para 112.’

Lord Phillips of Worth Matravers, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury
[2009] UKHL 45, Times 31-Jul-2009, [2009] UKHRR 1104, (2009) 12 CCL Rep 498, [2009] HRLR 32, [2010] 1 Cr App R 1, (2009) 109 BMLR 153, 12 CCL Rep 498, 27 BHRC 126, [2009] 3 WLR 403, [2009] 4 All ER 1147
Bailii
Suicide Act 1961 2(1), Accessories and Abettors Act 1861 1, Homicide Act 1957 4(1)
England and Wales
Citing:
Cited – Rex v William Britton Dyson 1823
If a man encourages another to murder himself and is present abetting him while he does so, such person is guilty of murder as a principal. If two encourage each other to murder themselves together, and one does so, but the other fails in the . .
Cited – Rex v Henry Russell 1832
If a woman takes poison with intent to procure a miscarriage and, dies of it, she is guilty of self-murder, whether she was quick with child or not, and a person who furnished her with the poison for that purpose will, if absent when she took it, be . .
Cited – Rex v Croft CCA 1944
A person who was present at the suicide of another and who assisted or encouraged the suicide, is guilty of murder as a principal in the second degree. The survivor of a suicide pact was properly convicted of murder. The court considered liability . .
Cited – Regina v Elizabeth Burgess 1862
The defendant was accused of attempting to kill herself. The court considered wheher this was a felony rather than a misdemeanour. Pollock CB said: ‘We are all of opinion that the jurisdiction of the Quarter Sessions is not taken away by the 24 and . .
Appeal from – Purdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
At First Instance – Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
Cited – Treacy v Director of Public Prosecutions HL 1970
Blackmail was alleged under section 21 of the 1968 Act, the letter making the unwarranted demand with menaces having been posted from England to an intended victim in Germany.
Held: The appeal was dismissed. To allow an English court to have . .
Cited – Cox v Army Council PC 1963
The provisions of the English Army Act, are to be applied ‘in diverse circumstances wherever the armed forces of the Crown happen to be, in developed or undeveloped countries, as conquerors or guests, and their purpose is . . Disciplinary.’ Criminal . .
Cited – Somchai Liangsiriprasert v Government of the United States of America PC 1991
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong . .
Cited – Regina v Harden 1962
The appellant, in England, sent false hire purchase agreements to a company in Jersey, who posted back cheques to him. The court analysed the transaction in contractual terms, and held that as the post office was the appellant’s agent to carry the . .
Cited – Libman v The Queen 10-Oct-1985
CANLII (Supreme Court of Canada) Appellant was committed for trial on seven counts of fraud and one count of conspiracy to commit fraud arising out of the conduct of his Toronto telephone sales solicitation room. . .
Cited – Clements v HM Advocate 1991
An offence charged was a contravention of the 1971 Act. Observing that the criminal enterprise with which the appellants were concerned was the whole network or chain of supply, right up to the end of the chain where the harmful effects were to be . .
Cited – Practice Statement (Judicial Precedent) HL 1966
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 . .
Cited – Regina v Smith (Wallace Duncan) (No 1) CACD 13-Nov-1995
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature . .
Cited – Regina v Manning CACD 23-Jul-1998
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his . .
Cited – Lewis, Taylor and Mcleod, Brown, Taylor and Shaw v the Attorney General of Jamaica and Another PC 12-Sep-2000
(Jamaica) When the Privy Council considered a petition for mercy by a person sentenced to death, it could not revisit the decision, but could look only at the procedural fairness of the system. The system should allow properly for representations, . .
Cited – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – James, Regina v CACD 25-Jun-2009
The defendant appealed against his conviction for communicating information likely to be useful to an enemy. His sentence was heavier because of the trust placed in him as an army officer, but the relationship with the foreign power had not fully . .
Cited – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Overruled in Part – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .
Cited – Smedleys Limited v Breed HL 1974
The defendant company had sold a can of peas. A caterpillar was found in it.
Held: Despite having shown that they had taken all reasonable care, the defendant was guilty of selling food not to the standard required. The defence under the Act . .
Cited – Goodwin v The United Kingdom ECHR 27-Mar-1996
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to . .
Cited – Sorvisto v Finland ECHR 13-Jan-2009
A criminal law which confers a discretion is not in itself inconsistent with the requirement for certainty, provided the scope of the discretion and the manner of its exercise are indicated with sufficient clarity to give the individual protection . .
Cited – Gulmez v Turkey ECHR 20-May-2008
The applicant complained inter alia of successive decisions which had deprived him of visitation rights for about a year as punishment for disciplinary offences whilst in prison.
Held: ‘the restriction on the applicant’s visiting rights . .
Cited – Hasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .

Cited by:
Cited – Nicklinson v Ministry of Justice and Others QBD 12-Mar-2012
The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless.
Cited – Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust CA 31-Jul-2013
The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder.
Held: The position in law that voluntary euthanasia . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another Admn 4-Dec-2015
The claimants challenged the policy issued by the DPP on assisted suicide following the Nicklinson case.
Held: The request for judicial review was refused.
Sir Brian Leveson P said: ‘It is important not to misunderstand the effect either . .
Cited – The Public Guardian v DA and Others CoP 5-Oct-2018
The court considered the validity of lasting powers of attorney in the authorisation of euthanasia, and the appointment of multiple attorneys. . .
Cited – Gallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Leading Case

Updated: 02 January 2022; Ref: scu.368930

Butler v Regina: CACD 20 May 2015

This reference concerns the historical judgements that have been made about a girl who has complained of sexual abuse, the extent to which those judgements should inform decisions about disclosure in a subsequent criminal prosecution, the significance and likely impact of whatever material is available on the course of that criminal trial and, finally, the critical importance of combining fair treatment of those who complain of sexual crime with avoiding miscarriages of justice. It requires careful analysis rather than uncritical assumption, along with a proper reflection both of that which the courts have learnt about those who complain about sexual crime and the absolute requirement of a fair trial for those against whom complaints are made and pursued.

Sir Brian Leveson P QBD, Hickinbottom, Thirwall JJ
[2015] EWCA Crim 854
Bailii
England and Wales

Crime

Updated: 01 January 2022; Ref: scu.549795

Gough, Regina v: CACD 9 Jun 2015

The appellant challenged his conviction and sentence for breacjh of and anti-social behaviour order. He had represented himself, bt having insisted that he would only do so naked, he had been tried in absentia.
Held: ‘, were the Appellant to have appeared naked in front of the jury it would have been a further breach of the Anti-social Behaviour Order and that is the end of the argument. That a court should contemplate concurrence with the commission of a criminal offence during proceedings is a bizarre notion and, without more, fatal to the Appellant’s submissions. The suggestion that the judge ‘ought to have been very slow, in the absence of any disruptive behaviour, to set any conditions about how he should dress’ misses the point. The judge could not with propriety have put herself in the position of agreeing to the commission of a crime. The Anti-social Behaviour Order was in place and it prohibited behaviour the applicant sought to legitimise.’

[2015] EWCA Crim 1079
Bailii
England and Wales

Crime

Updated: 01 January 2022; Ref: scu.549798

Muller And Others v Switzerland: ECHR 24 May 1988

The Court considered a complaint that Article 10 had been infringed by the applicant’s conviction of an offence of publishing obscene items, consisting of paintings which were said ‘mostly to offend the sense of sexual propriety of persons of ordinary sensitivity’.
Held: There was no breach of Article 10 ‘Artists and those who promote their work are certainly not immune from the possibility of limitations as provided for in paragraph (2) of Article 10. Whoever exercises his freedom of expression undertakes, in accordance with the express terms of that paragraph, ‘duties and responsibilities’; their scope will depend on his situation and the means he uses. In considering whether the penalty was ‘necessary in a democratic society’, the Court cannot overlook this aspect of the matter.’
Freedom of expression is one of the essential foundations of a democratic society and ‘it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any section of the population’.

10737/84, [1988] ECHR 5, (1988) 13 EHRR 212
Worldlii, Bailii, Bailii
European Convention on Human Rights 10, Eurpean Convention on Human Rights 810
Human Rights
Cited by:
Cited – Regina v Perrin CACD 22-Mar-2002
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the . .
Cited – Goldstein, Rimmington v Regina CACD 28-Nov-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 . .
Cited – Connolly v Director of Public Prosecutions Admn 15-Feb-2007
The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she . .
Cited – Core Issues Trust v Transport for London Admn 22-Mar-2013
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Human Rights, Crime, Media

Updated: 01 January 2022; Ref: scu.165003

Chand, Regina v: CACD 6 Oct 2021

Two offences: sending a communication conveying a threatening message, contrary to section 1(1)(a) of the Malicious Communications Act 1988 and criminal damage

Lady Justice Simler DBE,
Mr Justice Spencer,
The Recorder of Liverpool,
His Honour Judge Menary QC,
(Sitting as a Judge of the Cacd)
[2021] EWCA Crim 1587
Bailii
England and Wales

Crime

Updated: 01 January 2022; Ref: scu.669842

Gazo, Regina v: CACD 21 Oct 2021

Assault by penetration

Mr Justice Spencer,
The Recorder of Liverpool,
His Honour Judge Menary QC,
(Sitting as a Judge of the Cacd)
[2021] EWCA Crim 1690
Bailii
England and Wales

Crime

Updated: 01 January 2022; Ref: scu.669845

Forsyth, Regina v, Regina v Mabey: SC 23 Feb 2011

The defendants were to face trial on charges of making funds available to Iraq in breach of the 2000 Order. They said that the 2000 Order was ultra vires and ineffective, not having been made ‘forthwith’ after the UN resolution it was based upon, but some ten years later.
Held: The appeal failed. The comparison with the case of Ahmed was inappropriate. The mischief complained of was quite different, and it was not necessary to go behind the terms of the 1946 Act: ‘Security Council Resolutions are not simply one-off measures requiring immediate implementation by member states and then receding into history, and that situations can develop in the course of their subsequent enforcement which call for further measures to be taken, sometimes with considerable urgency, to meet emerging problems. It would be not merely inappropriate as a matter of construction but regrettable as a matter of fact were this court now to stultify the power conferred under the 1946 Act by confining its exercise within an artificially restricted time-frame.’

Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown
UKSC 2010/0227, UKSC 2010/0226, [2011] UKSC 9, [2011] Lloyd’s Rep FC 232, [2011] 2 All ER 165, [2011] 2 WLR 277, [2011] 2 AC 69
Bailii Summary, SC Summary, SC, Bailii
Iraq (United Nations Sanctions) Order 2000 3(a) 11(4), United Nations Act 1946 1
England and Wales
Citing:
Cited – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Lists of cited by and citing cases may be incomplete.

Crime, International

Updated: 31 December 2021; Ref: scu.429723

HM Treasury v Ahmed and Others: SC 27 Jan 2010

The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in place, but the choice of this procedure sidestepped its protections. The effect was to create a virtual prison for those affected. There was no right to challenge the listing in a court, and, without such a right, the order was excessive. A party could be listed solely on suspicion of involvement, and there is nothing in the listing or de-listing procedure that recognises the principles of natural justice or that provides for basic procedural fairness, but the effect was catastrophic. The UN order did not require acts to be taken against those suspect to reasonable suspicion, and the Order in Council went beyond compliance with the UN Order.
Orders in Council made under section 1 of the 1946 Act are not instruments upon which proceedings may be taken in either House. They are laid before Parliament for its information only, not for scrutiny of their merits or for debate. The effect of section 1 of the 1946 Act is that decisions as to the provisions that Orders made under it may or should contain lie entirely with the executive.

Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Mance
[2010] UKSC 2, UKSC 2009/0016, [2010] UKHRR 204, [2010] 2 WLR 378, [2010] WLR (D) 12, [2010] 2 AC 534, [2010] 4 All ER 829, [2010] Lloyd’s Rep FC 217
Bailii, Times, SC, SC Summ, WLRD, Bailii Summary
Terrorism (United Nations Measures) Order 2006 (SI 2006/2657), Al-Qaida and Taliban (United Nations Measures) Order 2006 (SI 2006/2952), United Nations Act 1946
England and Wales
Citing:
Cited – M, Regina (on the Application of) v Her Majestys Treasury HL 30-Apr-2008
The House referred to the ECJ a question about the implementation of UN resolutions imposing sanctions on Al-Qa’ida. . .
Appeal from – A and others v HM Treasury; G v HM Treasury CA 30-Oct-2008
The Treasury appealed against an order quashing its own 2006 Orders, giving effect to the obligations on the United Kingdom as a member of the United Nations to ensure that the assets of an individual designated by the UN were to be subject to . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
Cited – Stellato, Regina (on the Application of)v Secretary of State for the Home Department HL 28-Feb-2007
The prisoner had served part of his ten year sentence, been released on licence and then recalled. He complained that the new parole system under which he had then to apply was invalid, having been made Parliament by negative resolution.
Held: . .
Cited – Chester v Bateson 1920
A Regulation brought in under the 1914 Act prohibited the bringing of possession proceedings against a munitions worker without the consent of the Minister.
Held: The prohibition was unlawful. It was a grave invasion of the rights of the . .
Cited – Rex (at the prosecution of Arthur Zadig) v Halliday HL 1-May-1917
The applicant was German born but a naturalised Englishman who complained of having been interned by a regulation made under the 1914 Act. He said that the regulation was ultra vires.
Held: The appeal failed (Lord Shaw dissenting). The House . .
Cited – Pyx Granite Ltd v Ministry of Housing and Local Government HL 1959
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Kadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .
Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
Cited – Royal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
Cited – Behrami and Behrami v France; Saramati v France Germany and Norway ECHR 2-May-2007
The applicants complained of the action and inaction of members of an international security force (‘KFOR’) that had been deployed in Kosovo pursuant to Security Council Resolution 1244 (1999).
Held: The applications were inadmissible. The . .
Cited – Stellato, Regina (on the Application of)v Secretary of State for the Home Department HL 28-Feb-2007
The prisoner had served part of his ten year sentence, been released on licence and then recalled. He complained that the new parole system under which he had then to apply was invalid, having been made Parliament by negative resolution.
Held: . .
Cited – Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:
Cited – Forsyth, Regina v, Regina v Mabey SC 23-Feb-2011
The defendants were to face trial on charges of making funds available to Iraq in breach of the 2000 Order. They said that the 2000 Order was ultra vires and ineffective, not having been made ‘forthwith’ after the UN resolution it was based upon, . .
Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue SC 23-May-2012
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European . .
See Also – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
See Also – Youssef and Others v The Secretary of State for Foreign and Commonwealth Affairs Admn 14-Nov-2011
The claimant sought to challenge the continued inclusion of his name on a list of persons subject to restrictions for showing sympathy to al Qaida, asking at this hearing: ‘Whether the Secretary of State’s decision to propose the relevant Claimant . .
See Also – Youssef, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 23-Jul-2012
The claimant challenged having been listed as an associate of Al-Qaida, with the resulting freezing of assets and a travel ban.
Held: His request for judicial review failed.
Toulson LJ deprecated the ‘tendency on the part of lawyers . . . .
See Also – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
See Also – HM Treasury v Ahmed and Others SC 4-Feb-2010
The Court had declared unlawful as ultra vires terrorism related orders made against the several claimants. The court now considered how restrictions imposed by banks should be dealt with.
Held: (Lord Hope dissenting as to the order required) . .

Lists of cited by and citing cases may be incomplete.

Banking, Crime, Constitutional

Leading Case

Updated: 31 December 2021; Ref: scu.395046

B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

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 rea was required. There was no need to establish that the basis for any belief or lack of it was reasonable in fact. Honest belief is now the basis for the interpretation of such issues. The accused’s honest belief that a girl was over 14 need not be based on reasonable grounds.
Lord Nicholls of Birkenhead said: ‘Considered as a matter of principle, the honest belief approach must be preferable. By definition the mental element in a crime is concerned with a subjective state of mind, such as intent or belief.’ The starting point is: ‘the established common law presumption that a mental element, traditionally labelled mens rea, is an essential ingredient unless Parliament has indicated a contrary intention either expressly or by necessary implication. The common law presumes that, unless Parliament has indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence.’
Lord Nicholls said: ”Necessary implication’ connotes an implication which is compellingly clear. Such an implication may be found in the language used, the nature of the offence, the mischief sought to be prevented and any other circumstances which may assist in determining what intention is properly to be attributed to Parliament when creating the offence.’

Lord Chancellor, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hutton
Times 25-Feb-2000, Gazette 16-Mar-2000, [2000] 2 AC 428, [2000] UKHL 13, [2000] 2 WLR 452, [2000] 1 All ER 833, [2000] Crim LR 403, [2000] 2 Cr App R 65
House of Lords, House of Lords, Bailii
Indecency with Children Act 1960 1(1)
England and Wales
Citing:
Cited – Fairclough v Whipp CCA 1951
The defendant was charged with indecent assault on a girl aged nine. At the man’s invitation the girl had committed an indecent act on the man.
Held: An invitation to another person to touch the invitor could not amount to an assault on the . .
Cited – Director of Public Prosecutions v Rogers 1953
It was not an assault on a girl, for a man to invite an eleven year old girl to touch him (in this case her father) indecently. . .
Cited – Regina v Tolson CCR 11-May-1889
Honest and Reasonable mistake – No Bigamy
The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief.
Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably . .
Cited – Bank of New South Wales v Piper PC 1897
(New South Wales) ‘the absence of mens rea really consists in an honest and reasonable belief entertained by the accused of facts which, if true, would make the act charged against him innocent.’ . .
Restricted – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Cited – Regina v Kimber CACD 1983
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, . .
Cited – Beckford v The Queen PC 15-Jun-1987
(Jamaica) Self defence permits a defendant to use such force as is reasonable in the circumstances as he honestly believed them to be. ‘If then a genuine belief, albeit without reasonable grounds, is a defence to rape because it negatives the . .
Cited – Regina v Morgan HL 30-Apr-1975
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 . .
Cited – Blackburn and Others v Bowering and Another CA 5-Nov-1993
It was self defence if the defendant honestly believes the victim was not an officer of court. The issue was the genuineness of the belief, not its reasonableness. . .
Cited – Regina v Phekoo CACD 1981
The defendant was charged with doing acts calculated to interfere with the peace and comfort of residential occupiers so as to cause them to give up their occupation contrary to section 1(3)(a) of the 1977 Act. The defendant contended that he did . .
Cited – Regina v Williams (Gladstone) CACD 28-Nov-1983
The defendant believed that the person whom he assaulted was unlawfully assaulting a third party. That person was a police officer, who said he was arresting the other, but did not show his warrant card.
Held: The court considered the issue of . .
Doubted – Regina v Prince 1875
The defendant was convicted of unlawfully taking an unmarried girl under the age of 16 out the possession of her father. The defendant bona fide and on reasonable grounds believed that the girl was over 16.
Held: This provided no defence. ‘It . .
Cited – Rex v Maughan CCA 1934
The defendant was aged 22 and the child between 13 and 16. There were six counts, three of carnal knowledge, three of indecent assault, arising from the same facts. He was acquitted on the carnal knowledge counts, plainly because he made good the . .
Appeal from – B (A Minor) v Director of Public Prosecutions QBD 1999
Rougier J: ‘Though any violation of a child’s innocence attracts very grave stigma, yet the protection of children from sexual abuse is a social and moral imperative.’ . .
Cited – Rex v Forde CCA 1923
A man, under the age of 23, had intercourse with a 15 year-old girl. He was charged with offences against section 5(1) of the 1885 Act and section 52 of the 1861 Act, relating to the same act of intercourse. He pleaded not guilty to the first (more . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Warner v Metropolitan Police Commissioner HL 1968
The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs.
Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing . .
Cited – Lim Chin Aik v The Queen PC 29-Nov-1962
Displaced Presumption Against Absolute Liability
In considering how the presumption against an absolute offence having been created, can be displaced ‘it is not enough in their Lordships’ opinions merely to label the statute as one dealing with a grave social evil and from that to infer that . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited – Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Cited – Brend v Wood 1946
The court discussed the need to assume that conviction for an offence required proof of mens rea.
Lord Goddard CJ said: ‘It should first be observed that at common law there must always be mens rea to constitute a crime; if a person can show . .
Cited – Gammon v The Attorney-General of Hong Kong PC 1984
(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote.
Held: Lord Scarman . .

Cited by:
Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Dunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
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: . .
Cited – Regina v K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Cited – Regina v Kumar CACD 16-Dec-2004
The defendant appealed a conviction for buggery of a complainant under the age of 16, saying that he had a genuine belief that the boy had been of age.
Held: Buggery was not an absolute offence. The amendments to the 1956 Act did not signify . .
Cited – Regina on the Application of PW v Commissioner of Police for the Metropolis, The London Borough of Richmond-Upon-Thames Admn 20-Jul-2005
W, a child of 14 sought judicial review of an order to remove persons under the age of 16 from dispersal areas in Richmond.
Held: The issue was whether the power given to police to remove youths was permissive or coercive. The power given ‘is . .
Cited – Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others CA 25-Jul-2008
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence.
Held: Parliament had a legitimate concern for the protection of the public, and . .
Cited – Brown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Cited – Lane and Another, Regina v SC 11-Jul-2018
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the . .

Lists of cited by and citing cases may be incomplete.

Crime

Leading Case

Updated: 31 December 2021; Ref: scu.78038

Hallam, R v: CACD 17 May 2012

The effect of fresh evidence was to make the conviction unsafe: ‘ . . the fresh evidence has not ‘demolished’ the prosecution case. But its effect on the safety of this conviction is substantial. We are clear in our view that if the jury had heard that in addition to the weaknesses in the identification evidence, it was a real possibility that DNA from a single ‘unknown male’ had been found in some of the key places where the attacker had ‘mauled’ the victim (in particular, the probable saliva stain on the lower right front of Ms E’s blouse and probable saliva stains on the right and left cups of Ms E’s brassiere as well as other DNA material . . ) this could well have led to the appellant’s acquittal.’

Lady Justice Hallett DBE,
Mr Justice Openshaw,
And,
Mr Justice Spencer
[2012] EWCA Crim 1158
Bailii
England and Wales
Cited by:
See Also – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019
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 . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 December 2021; Ref: scu.459845

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval.
Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to achieve fairness for the person who is listed. Governments may have their own reasons to want to ensure that he remains on the list and there is no procedure which enables him to know the case he has to meet so that he can make meaningful representations.’ The UN orders required allowance to be made for basic living expenses. Having chosen to I=use an Order in Council it was necessary that the Order should go no further than required by the UN resolution. The order was phrased to affect a wider range of people than those provided for by the UN resolution. Although judicial review provided a remedy to those subject to the orders, it was inadequate because no mechanism was provided for consideration of all the evidence on which te decision to list the applicants was based. The orders also created new criminal offences which again went beyond what was required under the resolution. The subjects could be required to obtaina certificate from the respondent before borrowing a friend’s car to collect groceries, and again to purchase an Oyster card.

Collins J
[2008] EWHC 869 (Admin), Times 05-May-2008
Bailii
Al-Qaida and Taliban (United Nations Measures) Order 2006, Terrorism ( United Nations Measures) Order 2006, United Nations Act 1946, Human Rights Act 1996, Regulation of Investigatory Powers Act 17 18
England and Wales
Citing:
Cited – Bishopsgate Investment Management Ltd (In Provisional Liquidation) v Maxwell and Another CA 13-May-1992
A company liquidator applied for an order under sections 235 and 236 of the Insolvency Act 1986 that a director should disclose information to that liquidator. The Director objected that to do so would infringe his privilege against . .
Cited – In Re Boaler CA 1915
The court was asked whether the 1896 Act which permitted a court to make an order that a person could not institute proceedings without the leave of the court, applied to the institution of criminal proceedings.
Held: It did not. Scrutton J . .
Cited – Rex (at the prosecution of Arthur Zadig) v Halliday HL 1-May-1917
The applicant was German born but a naturalised Englishman who complained of having been interned by a regulation made under the 1914 Act. He said that the regulation was ultra vires.
Held: The appeal failed (Lord Shaw dissenting). The House . .
Cited – Chester v Bateson 1920
A Regulation brought in under the 1914 Act prohibited the bringing of possession proceedings against a munitions worker without the consent of the Minister.
Held: The prohibition was unlawful. It was a grave invasion of the rights of the . .
Cited – Raymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .
Cited – Regina v Lord Chancellor ex parte John Witham Admn 7-Mar-1997
If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They . .
Cited – Kadi v Council and Commission ECFI 21-Sep-2005
ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Lord Chancellor ex parte Lightfoot Admn 31-Jul-1998
The applicant wanted to present a petition so as to obtain a declaration of bankruptcy from the court but, being in debt to the tune of nearly andpound;60,000, she could not afford the deposit required by the court of andpound;250.
Held: The . .
Cited – Secretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Norris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Cited – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .

Lists of cited by and citing cases may be incomplete.

Crime, Constitutional, Human Rights

Updated: 31 December 2021; Ref: scu.267083

Brooks v Director of Public Prosecutions: Admn 6 Mar 2015

Appeal by case stated against a decision of the Justices to convict the appellant of the offence of battery contrary to section 39 of the Criminal Justice Act 1988.
The question for the opinion of this court was: 1. ‘Did we apply the correct test in law when we considered whether the prosecution has proved beyond reasonable doubt that the appellant was not acting in lawful self defence when he pushed Mr Wales?’

Sir Stephen Silber
[2015] EWCA Admin 1025
Bailii
England and Wales
Citing:
Cited – Bird, Regina v CACD 22-Mar-1985
The court considered the factors to be accounted in a defence of self-defence. Lord Lane LCJ said: ‘If the defendant is proved to have been attacking or retaliating or revenging himself, then he was not truly acting in self-defence. Evidence that . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 December 2021; Ref: scu.547501

Yong v Regina: CACD 21 May 2015

The defendant appealed against his conviction for possession of two flash eliminators. He said that a crucial decision had not been left to the jury, namely whether the eliminators might have been used to fit to rifles as welll as automatic guns.
Held: ‘it is not only impossible to see how the judge’s ruling, had the present point been taken, could have favoured the appellant, but also it is equally hard to see how on that basis the appellant has lost anything by not having the issue he now raises resolved by a jury. In those circumstances we do not find that there is anything to impugn the safety of the conviction and dismiss this appeal.’

Treacy LJ, Nicol J, Tonking HHJ
[2015] EWCA Crim 852
Bailii
Firearms Act 1968 1(1)(a)
England and Wales

Crime

Updated: 30 December 2021; Ref: scu.547027