Category: Criminal Practice

Regina v Clarke, Regina v Jones: CACD 19 Aug 1994

On an appeal conducted by freshly instructed lawyers, the new solicitors had a duty to consult with the earlier team as to the events surrounding the trial. Professional conduct rules are needed to cover the situation where new lawyers are instructed on an appeal.

Citations:

Times 19-Aug-1994, Ind Summary 05-Sep-1994

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86394

Regina v Cheema: CACD 5 Sep 1993

There is no rule requiring full a corroboration direction to be given for a co-defendant’s evidence to be admitted. The Court of Appeal recommended a review of law on corroboration of a witness’s evidence. Lord Taylor CJ said: ‘The rule of practice that some warning, but not necessarily a full corroboration warning, is required where a witness, e.g. a co-defendant, may have a purpose of his own to serve was reaffirmed in Knowlden . .’

Judges:

Lord Taylor CJ

Citations:

Gazette 03-Nov-1993, Times 06-Oct-1993, Independent 05-Sep-1993, [1994] 1 WLR 147, (1993) 98 Cr App R 195

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Knowlden and Knowlden CACD 1983
The court set out warnings for the jury when considering evidence from a co-accused. The rule in Prater was not a rule of law but ultimately in the discretion of the judge: and that ‘the customary clear warning to examine the evidence of each . .
Cited – Regina v Prater CCA 1960
Where one defendant gave evidence incriminating his co-defendant, just as in cases where an accomplice gave evidence for the prosecution, a full corroboration warning was desirable. . .

Cited by:

Cited – Regina v Jones; Regina v Jenkins CACD 5-Jun-2003
Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including . .
Cited – Holder v The State PC 9-Jul-1996
(Trinidad and Tobago) The Board granted special leave for the defendant to appeal his conviction for murder and sentence to death. The murder was committed during a violent robbery and the defendant convicted as part of the joint enterprise. He said . .
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Cited – Regina v Burrows CACD 23-Apr-1999
One defendant had been found when searched to have a plastic egg-shaped capsule with crack cocaine inside. He now appealed the direction given to the jury as to the evidence against him given by a co-defendant.
Held: The appeal was dismissed, . .
Cited – Regina v Jones and Jenkins CACD 6-Jun-2003
The two defendants appealed against their convictions for murder. On the prosecution case it was joint enterprise; Jones’ case was that both had indeed attacked the victim, but had caused him only minor injuries and that the fatal injuries had been . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.86332

Regina v Central Criminal Court Ex Parte Goodwin and Crook: CACD 16 Aug 1994

Judge may take representations in his sole discretion before making an order providing for the naming or non naming of a party by newspapers.

Citations:

Ind Summary 05-Sep-1994, Gazette 26-Oct-1994, Times 16-Aug-1994

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.86308

Regina v Brown (Winston): CACD 20 Jun 1994

The Crown Prosecution Service was under no obligation to disclose evidence which might be damaging to a Defendant’s witness’ credibility. The Attorney General’s disclosure guidelines do not have the force of law and need updating.

Citations:

Independent 22-Jun-1994, Gazette 31-Aug-1994, Times 20-Jun-1994, [1994] 1 WLR 1599

Jurisdiction:

England and Wales

Cited by:

Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.86244

Regina v Booth; Regina v Molland; Regina v Wood: CACD 26 Nov 1998

Where the Court of Appeal declared a trial on indictment to have been a nullity, and ordered at the same time that there should be no re-trial, that original conviction had been annulled and set aside, not quashed. Further prosecutions would be resisted.

Citations:

Times 26-Nov-1998

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86157

Regina v Wiggan: CACD 4 Feb 1999

The defendant appealed against her conviction for violent disorder saying that the judge’s interventions had been inappropriate and partisan.
Held: The appeal failed. A judge’s right to ask questions of a witness after re-examination must be limited to attempts to clarify matters raised already. He must not allow the impression to arise that he is cross-examining the witness. The judge here had crossed the line, but the other evidence was overwhelming and the conviction was not unsafe.

Judges:

Auld LJ, Forbes, David Steel JJ

Citations:

Times 22-Mar-1999, [1999] EWCA Crim 274

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85612

Regina v Bansal: CACD 29 Dec 1998

The ability of a trial judge to grant leave to appeal should only exceptionally be exercised by the trial judge himself. Normal jurisdiction for such leave should be exercised by one or more judges of the Court of Appeal.

Citations:

Times 29-Dec-1998

Statutes:

Criminal Appeal Act 1968 1(2)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86089

Regina v Twitchell: CACD 10 Nov 1999

The Court of Appeal is not able to make findings of fact. The ability for example to examine an officer to assist the court in deciding whether the original verdict was based upon ignorance or otherwise of material facts, should be used only carefully, and not extended to include the making of findings of fact. Twitchell had been convicted in 1982. The Criminal Cases Review Commission referred his appeal to this Court in January 1998. The catalyst was a successful civil action brought by another man Treadaway against the police. It was in April 1994 that Treadaway established in his civil proceedings that one or more of the same officers had acted discreditably in dealing with Treadaway in 1982. In other words, the officers had misbehaved in their dealings with Treadaway at about the same time as the investigation into Twitchell but hard evidence in the form of the outcome of Treadaway’s civil action did not become available for a further twelve years.

Citations:

Times 10-Nov-1999, [2000] 1 Cr App R 373

Jurisdiction:

England and Wales

Cited by:

Cited – Deans, Regina v CACD 30-Jul-2004
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.85594

Regina v Ullah: CACD 3 Nov 1999

Counsel, in a trial alleging an indecent assault, had failed to raise with the jury the contents of an illegally taped conversation between the complainant and one of her witnesses encouraging perjury.
Held: The defect in counsel’s conduct of the case was so significant that the verdict was unsafe. The test to be applied was whether counsel’s conduct and decisions had been reasonable. Where they had not, a conviction might be unsafe.

Citations:

Gazette 03-Nov-1999, Times 12-Nov-1999

Jurisdiction:

England and Wales

Citing:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.85595

Re Guardian Newspapers and Others: CACD 20 Sep 1993

An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written submissions from an appellant or applicant would be permitted.

Citations:

Times 26-Oct-1993, Ind Summary 20-Sep-1993

Statutes:

Criminal Appeal Rules 1968 16A 16B, Contempt of Court Act 1981 4(2)

Jurisdiction:

England and Wales

Cited by:

Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.85788

Regina v Sharif: CACD 8 Jun 1999

A judge’s duty to assist a duty was a continuing one, and was not curtailed by their retirement. After such retirement, he was not limited in his duty or capacity to responding to requests for assistance. This may mean that he would take the initiative to assist.

Citations:

Times 08-Jun-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85551

Regina v Milliner: CACD 14 Jul 1999

Where there had been a long delay since sexual abuse offences, the judge should follow the guidance to be given by the Judicial Studies Board when deciding to what extent within the facts of the case it was appropriate to warn the jury on the dangers arising from such delay. Each case must be looked at in its own light, and too prescriptive an approach should be avoided.

Citations:

Gazette 14-Jul-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85408

Regina v Ryan: CACD 30 Apr 1999

Plea bargaining is always an inappropriate exercise. A judge having indicated a certain length of sentence, and the defendant’s plea being dependent upon that, it was wrong to go back upon that, and the sentence would be reduced to satisfy the promise.

Citations:

Times 30-Apr-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85467

Regina v Martin (David Paul): CACD 5 Jan 2000

Where a defendant had previous cautions, a judge was not obliged to give a good character direction. The court could distinguish between the two halves of the standard direction, and to include the credibility part of the direction, but to omit the propensity part of the direction.

Citations:

Gazette 27-Jan-2000, Times 05-Jan-2000

Jurisdiction:

England and Wales

Cited by:

Cited – GAI v Regina CACD 5-Oct-2012
The defendant’s appeal based on the absence of a good character direction had succeeded. The court now gave its reasons.
Held: After reviewing the authorities, the appeal succeeded: ‘the learned judge was wrong to find that the fact that . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.85394

Regina v McFarlane: CACD 23 Feb 1999

A solicitor may properly delay taking instructions from his criminal client until he has seen the details of the prosecution case, but must take care not to become embroiled in attempt to procrastinate the choice of defence, and must not mislead counsel.

Citations:

Times 24-Mar-1999, [1999] EWCA Crim 496

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Criminal Practice

Updated: 25 October 2022; Ref: scu.85397

Regina v Fricker: CACD 24 Jun 1999

The defendant was charged with attempting to handle stolen tyres, a juror, with highly specialised knowledge of tyre manufacturing asked, after retirement, and was allowed by the judge to take this knowledge into account.
Held: Where a juror was known to have brought to the trial his own specialised knowledge in a way which may have affected the decision of the jury, a re-trial should be ordered. Such knowledge in a juror was not the same as the knowledge of a magistrate, and gave no opportunity to defence counsel to test the validity of it.

Citations:

Times 13-Jul-1999, Gazette 28-Jul-1999, [1999] EWCA Crim 1773

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Karakaya CACD 16-Feb-2005
No Internet Research for juror
After conclusion of the trial, the jury bailiff discovered notes in the jury room which indictated that the jury, after they had retired for their verdict, had read and discussed notes obtained by a juror from the Internet relating to the case.
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.85263

Regina v Jackson: CACD 5 Jan 2000

When a judge was called upon to decide upon public interest immunity disclosures in the absence of one party to a case, it was necessary for the prosecution to act absolutely scrupulously. By accident an earlier misrepresentation was discovered in this case, and a re-trial was ordered.

Citations:

Times 05-Jan-2000

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85328

Regina v Jones (Stephen): CACD 20 May 1999

Cases involving arson with intent to endanger life should be tried by a full time judge, and not by part time recorders. They are necessarily serious cases. In this case the recorder had wrongly admitted evidence and the appeal must be allowed.

Citations:

Times 20-May-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85334

R v Booth; R v Molland; R v Wood: CACD 27 Jan 1999

Where the Court of Appeal declared a trial on indictment to have been a nullity, and ordered at the same time that there should be no re-trial, that original conviction had been annulled and set aside, not quashed. Further prosecutions would be resisted.

Citations:

Gazette 27-Jan-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85130

Practice Direction (Criminal Appeals: Skeleton Arguments): CACD 31 Dec 1998

With immediate effect counsel instructed to act for defendant in appeals to the Court of Appeal Criminal Division must serve skeleton arguments on prosecution and court within fourteen days of notification of leave to appeal.

Citations:

Times 31-Dec-1998

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.84869

Attorney-General’s Reference (No 95 of 1998) Regina v Highfield: CACD 21 Apr 1999

The Court of Appeal, when considering whether a sentence had been too lenient, could only act on the same basis as had been used by the judge at first instance. It was improper to ask the court to second guess the first instance findings.

Citations:

Times 21-Apr-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.78017

Regina v Gruenke: 1991

(Canadian Supreme Court) The issue was whether the communications between the Defendant, who was accused of murder, and her pastor were protected by common law privilege or under the Canadian Bill of Rights.
Held: The Court not apply a strict approach to what was a confession, but looked at all the relevant circumstances and apply what is known in Canada as the Wigmore criteria: ‘1. The communications must originate in a confidence that they will not be disclosed.
2. This element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties.
3. The relation must be one which in the opinion of the community ought to be sedulously fostered.
4. The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.’

Citations:

[1991] 3 RCS 263

Jurisdiction:

Canada

Cited by:

Cited – Lancashire County Council v E and F FD 4-Feb-2020
The court heard an application to set aside a witness summons, raising an important issue about the circumstances in which disclosure can be resisted on grounds of a religious duty of confidentiality, in the context of allegations of child sexual . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Criminal Practice

Updated: 25 October 2022; Ref: scu.648630

Regina v Hay: 1896

A Roman Catholic priest had received, doubtless unknowingly, a watch that had been stolen. The priest was called to give evidence and was asked from whom did he receive the watch. He refused to answer saying that the reply would implicate the person who gave it to him and he would be violating the laws of the church.
Held: The judge advised the priest: ‘I have already told you plainly I cannot enter into this question. All I can say is you are bound to answer. From whom did you receive that watch. On the ground I have stated to you, you are not asked to disclose anything that a penitent may have said to you in the confessional. That you are not asked to disclose; but you are asked to disclose from whom you received stolen property on the 25th of December last. Do you answer it or do you not?’
When the priest continued to refuse to answer the Judge sent him to prison for contempt.

Citations:

(1896) 2 FandF4

Jurisdiction:

England and Wales

Cited by:

Cited – Lancashire County Council v E and F FD 4-Feb-2020
The court heard an application to set aside a witness summons, raising an important issue about the circumstances in which disclosure can be resisted on grounds of a religious duty of confidentiality, in the context of allegations of child sexual . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Contempt of Court

Updated: 25 October 2022; Ref: scu.648629

Regina v Denton: CACD 15 Feb 2002

The appellant was an illegal immigrant from Jamaica. He had been acting as a police informer. He came to be convicted of murder. He complained that his lawyers had not been told of his role, and the information he had supplied to the police about a relative of a prosecution witness, giving her a motive to lie. During intervals of the investigation process he was also in contact with his police handlers. There was a suggestion that an earlier discontinuance had been at the instigation of another police branch. The crown argued there could be no duty on the prosecution to disclose to the defence matters within the defendant’s own knowledge.
Held: The duty of disclosure is now as set out in the 1996 Act. However the evidence even without this witness, whose evidence had in any event largely been discredited, remained overwhelming. Appeal dismissed.

Judges:

Lord Justice Mantell, Mr Justice Bennett, And, Mr Justice Mccombe

Citations:

[2002] EWCA Crim 272

Links:

Bailii

Statutes:

Criminal Procedure and Investigations Act 1996 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Langley CACD 21-Mar-2001
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 24 October 2022; Ref: scu.167625

Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015

The court was asked whether statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the European Convention of Human Rights.
Held: The inability of acquitted defendants in the Crown Court to recover (a) any of their privately incurred costs after 1 October 2012, or (b) only to recover their costs at legal aid rates from 27 January 2014, by virtue of section 16A of the 1985 Act is not incompatible with their Convention rights. There is no independent power at common law to order such costs to be paid from central funds.

Judges:

Burnett LJ, Goss J

Citations:

[2015] EWHC 130 (Admin)

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 16 16A, European Convention on Human Rights 6 14

Jurisdiction:

England and Wales

Human Rights, Criminal Practice, Costs

Updated: 24 October 2022; Ref: scu.541917

Regina v M: CACD 26 Apr 2012

The defendant was told in court at the time of the judge’s ruling in court that the proceedings against him were being terminated.
Held: For a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should indeed be immediate.

Judges:

Rix LJ, Treacy J, Sir Geoffrey Grigson

Citations:

[2012] EWCA Crim 792, [2012] 3 All ER 661, [2012] WLR(D) 129, [2012] Crim LR 782, [2012] 2 Cr App R 9, [2013] 1 WLR 772

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v F CACD 14-Mar-2013
The crown sought leave to appeal against a terminating ruling. The defendant was accused of rape and sexual assault against his sister, profoundly deaf and with learning difficulties. The judge had found the victim to not be competent to give . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 23 October 2022; Ref: scu.453008

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status.
Held: The order should be made. The trial would be likely to arouse considerable local interest. There were fears for the children if their own possible HIV status became known. The approach in in Re Z had now been superceded by human rights law. It was significant that in this case there remained a prospect that an order would be effective, since publicity to date would not allow the identity of the child to become widely known.
Sir Mark Potter said: ‘The exercise to be performed is one of parallel analysis in which the starting point is presumptive parity in that neither article has precedence over or ‘trumps’ the other. The exercise of parallel analysis requires the courts to examine the justification of interfering with each right and the issue of proportionality is to be considered in respect of each. It is not a mechanical exercise to be decided upon the basis of rival generalities. An intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary before the ultimate balancing test in terms of proportionality is carried out. Having so stated, Lord Steyn strongly emphasised the interest in open justice as a factor to be accorded great weight in both the parallel analysis and the ultimate balancing test.’

Judges:

Sir Mark Potter President

Citations:

[2005] EWHC 1564 (Fam), Times 21-Jul-2005, [2006] 1 FLR 1, [2014] EMLR 7

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Contempt of Court Act 1981, Supreme Court Act 1981 45

Jurisdiction:

England and Wales

Citing:

Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – In re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
Cited – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – British Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Diennet v France ECHR 26-Sep-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – F v Newsquest Limited and others 1-Apr-2004
The court referred to the need for newspapers to be able to put a face or identity to a story. There was a ‘clear and compelling interest’ of the media and the public in the publication of the photograph of a person convicted of a serious crime so . .
Cited – Venables and Thompson v News Group Newspapers and others QBD 8-Jan-2001
Where it was necessary to protect life, an order could be made to protect the privacy of individuals, by disallowing publication of any material which might identify them. Two youths had been convicted of a notorious murder when they were ten, and . .
Cited – Douglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .

Cited by:

Cited – British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – LM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
Cited – British Broadcasting Corporation v CAFCASS Legal and others FD 30-Mar-2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and . .
Cited – Child X (Residence and Contact- Rights of Media Attendance) (Rev 2) FD 14-Jul-2009
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter.
Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude . .
Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Cited – H v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Cited – Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc CACD 1-Feb-2008
An order had been made protecting the identity of a defendant who pleaded guilty to possessing indecent images of children. The order was made in the interests of his own children, although they had been neither witnesses in the proceedings against . .
Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Lists of cited by and citing cases may be incomplete.

Children, Criminal Practice, Media

Updated: 23 October 2022; Ref: scu.229275

Vasyli, Regina v: PC 2 Mar 2020

(Bahamas) The defendant had been convicted of murder, and successfully appealed. The parties disputed whether there should be a retrial, an the Board was now asked whether there was a sustainable case against her so as to allow a retrial.

Judges:

Lord Kerr, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Hamblen

Citations:

[2020] UKPC 8

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 22 October 2022; Ref: scu.648521

Cornick, Regina v: QBD 3 Nov 2014

The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued.

Judges:

Coulson J

Citations:

[2014] EWHC 3623 (QB)

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 2 8

Jurisdiction:

England and Wales

Criminal Practice, Media, Human Rights

Updated: 22 October 2022; Ref: scu.538343

Faraz v Regina: CACD 21 Dec 2012

The defendant appealed from his convictions for possession and dissemination of terrorist related publications, saying that the judge should not have admitted evidence of the possession by named terrorist offenders of material similar or identical to that allegedly disseminated by the appellant, for the purpose of considering whether the material comprised ‘a terrorist publication’

Judges:

Pitchford LJ, Kenneth Parker J, Gilbet QC HHJ

Citations:

[2012] EWCA Crim 2820, [2013] WLR(D) 1, [2013] 1 WLR 2615, [2013] 1 Cr App R 29

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2006 2(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Wang Yam, Regina (on The Application of) v Central Criminal Court and Another SC 16-Dec-2015
The appellant was to apply to the ECHR challenge the fairness of his trial because it was held partially in camera. The UK resisted this application. The appellant sought to be permitted in his response to disclose and refer to contents of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Evidence

Updated: 22 October 2022; Ref: scu.467636

T, Regina v: CACD 23 Sep 2009

Citations:

[2009] EWCA Crim 1947

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – NT, Regina v CACD 31-Mar-2010
The prosecutor appealed against a stay of the prosecution as an abuse. The prosecution had failed give the undertaking necessary on lodging the appeal to the court against whose ruling it wanted to appeal, that it agreed that the defendant should be . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 21 October 2022; Ref: scu.415067

Rogers v Hawken: QBD 1894

(Year unknown) In a case of the admissibility of questions put before arrest, the Divisional Court, (judges not prone to lean against a prisoner)
Held: The statement was admissible and observed that ‘R. v. Male must not be taken as laying down that a statement of the accused to a police constable without threat or inducement is not admissible. There is no rule of law excluding statements made in such circumstances’.

Judges:

Russell, LCJ and Mathew J

Citations:

[1894] 67 LJ QB 526

Jurisdiction:

England and Wales

Citing:

Explained – Regina v Male 1893
The court rejected a statement made by a prisoner in custody to a constable who had cross-examined him, saying merely that the police have no right to manufacture evidence. . .

Cited by:

Cited – Ibrahim v The King PC 6-Mar-1914
(Hong Kong) The defendant was an Afghan subject with the British Army in Hong Kong. He was accused of murder. Having accepted the protection of the British Armed forces, he became subject to their laws. In custody, he was asked about the offence by . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Evidence

Updated: 21 October 2022; Ref: scu.184197

Regina v Evesham Justices, ex parte McDonnagh: QBD 1988

The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the present case had nothing to do with the administration of justice. It seems to me that the concern shown by the justices for not giving publicity to Mr. Hocking’s home address was solely motivated by their sympathy for his well-being if his former wife should learn of his home address and harass him yet again. That kind of predicament is not, unfortunately, unique. There are undoubtedly many people who find themselves defending criminal charges who for all manner of reasons would like to keep unrevealed their identity, their home address in particular. Indeed, I go so far as to say that in the vast majority of cases, in magistrates’ courts anyway, defendants would like their identity to be unrevealed and would be capable of advancing seemingly plausible reasons why that should be so. But, section 11 was not enacted for the benefit of the comfort and feelings of defendants. The general rule enunciated in the passage I have quoted from Attorney-General v Leveller Magazine Limited [1979] A.C. 440, 450, may not, as is there stated, be departed from save where the nature or the circumstances of proceedings are such that the application of the general rule in its entirety would frustrate or render impracticable the administration of justice.’

Judges:

Watkins LJ, Mann J

Citations:

[1988] 1 QB 553

Statutes:

Contempt of Court Act 1981 11

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .

Cited by:

Cited – Times Newspapers Ltd and others v Regina and others CMAC 24-Oct-2008
Anonymity not to be by secret trial
The newspaper appealed against an order for the defendant soldiers’ trial to be held in camera.
Held: Section 94(2) could not be used to provide anonymity. The court relied on its common law powers under which: ‘for us to be entitled to make . .
Cited – Times Newspapers Ltd and others v Soldier B CACD 24-Oct-2008
(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the . .
Cited – Harper and Another, Regina (on The Application of) v Aldershot Magistrates Court Admn 8-Jun-2010
Police defendants not to have addresses withheld
The defendants, senior police officers were accused of misconduct in public office, being said to have sought improperly to interfere in prosecutions for speeding. They appealed against refusal by the magistrates to have their addresses protected. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 21 October 2022; Ref: scu.277159

X v Norway: ECHR 30 May 1975

Article 6, paragraph 3, fitt . c) of the Convention : First instance proceedings. This provision guarantees that proceedings against the accused will nor take place without adequate representation for the defence, but does not give the accused the right to decide himself in what manner his defence should be assured. Reference to national legislation and rules of court.

Citations:

ECLI:CE:ECHR:1975:0530DEC000592372, [1975] ECHR 4, 5923/72

Links:

Bailii

Statutes:

European Convention on Human Rights 6.3

Jurisdiction:

Human Rights

Cited by:

Cited – Correia De Matos v Portugal ECHR 15-Nov-2001
The applicant had been committed for trial in Portugal for insulting a judge. The judge investigating that charge assigned a lawyer to represent him. Mr de Matos objected. He wanted to represent himself. He relied on article 6.3(c) of the . .
Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 20 October 2022; Ref: scu.660779

Oyebola, Regina (on The Application of) v Criminal Cases Review Commission: Admn 20 Dec 2019

The core submission is that the Defendant has failed to understand the issues raised and has therefore reached a decision which is capable of challenge. The decision not to refer the case to the CACD is said to be unlawful because they are irrational or perverse. The CCRC is said to have failed to comprehend the Claimant’s arguments; to have failed to consider material considerations and considered immaterial considerations.

Judges:

Mrs Justice McGowan

Citations:

[2019] EWHC 3559 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 20 October 2022; Ref: scu.648126

Correia De Matos v Portugal: ECHR 4 Apr 2018

ECHR Judgment : No Article 6+6-3-c – Right to a fair trial : Grand Chamber
The applicant alleged that the decisions of the domestic courts refusing him leave to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer had violated Article 6 ss 3 (c) of the Convention.

Judges:

Guido Raimondi, President,

Citations:

56402/12, [2018] ECHR 299

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Cited – Correia De Matos v Portugal ECHR 15-Nov-2001
The applicant had been committed for trial in Portugal for insulting a judge. The judge investigating that charge assigned a lawyer to represent him. Mr de Matos objected. He wanted to represent himself. He relied on article 6.3(c) of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 19 October 2022; Ref: scu.608890

Addison v HM Advocate: HCJ 8 Oct 2014

Appeal against conviction for murder: ‘on two grounds, namely; (1) that he suffered a miscarriage of justice as a result of defective representation; and (2) that while awaiting trial he was deprived of the opportunity to instruct senior counsel of his choice.
Lord Justice General said: ‘The Law Society of Scotland Practice Rules 2011 provide that if a case requires appearance in a superior court, the solicitor must advise his client that it is for the client to decide whether a solicitor-advocate or counsel is instructed (rule B8.4.l(b)). That is a sound rule as far as it goes; but the decision of the client on [whether a solicitor advocate or counsel is instructed] must be an informed decision. To make such a decision the client must be advised of his options for representation. A mere recital of those options is no more than a formality if it is not supplemented by advice, a point on which the Practice Rules are silent. In my view, it is the duty of the accused’s solicitor to take all reasonable steps to ascertain which members of the Bar and solicitor advocates experienced in this area are, or may be, available to conduct the defence. Only then can a worthwhile decision on representation be made.
The observance of these duties may present the accused’s solicitor with a conflict of interest, especially if he is a solicitor advocate or if a senior member of his firm is a solicitor advocate. This court has already adverted to the latter problem in Woodside v HM Advocate 2009 SCCR 350 (at paras 71-74). It is a matter for concern that it continues. Even where there is no such obvious conflict of interest, the solicitor may nonetheless find it difficult to give wholly objective advice as to the choice of defender from those who are available. In the event, any advice that he gives may be thought to lack the appearance of objectivity.’

Judges:

Lord Justice General, Lord Justice Clerk, Lord Brodie

Citations:

[2014] ScotHC HCJAC – 110, 2014 GWD 32-626, 2014 SLT 995, 2015 JC 107, 2014 SCCR 608, 2014 SCL 835

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions

Updated: 19 October 2022; Ref: scu.537443

Dvorski v Croatia: ECHR 20 Oct 2015

Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, of the concept of a fair trial in criminal proceedings contained in article 6.1 (see Imbrioscia v Switzerland (1994) 17 EHRR 441, 24 November 1993, paras 36 and 37, Series A no 275, and Salduz v Turkey [GC], no 36391/02, [2008] ECHR 1542, para 50, ECHR 2008)’

Citations:

25703/11 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)), [2015] ECHR 927, (2016) 63 EHRR 7

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Cited – Dvorski v Croatia ECHR 28-Nov-2013
. .

Cited by:

Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 19 October 2022; Ref: scu.554347

Mayzit v Russia: ECHR 20 Jan 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3; Violation of Art. 5-4; No violation of Art. 6-3-c; No violation of Art. 6-3-b; Non-pecuniary damage – financial award.
The applicant wished to be represented by his mother and sister. His request that they be permitted to appear for him was refused on the basis that the case required special legal knowledge and professional experience. At paras 65 and 66 the court said: ‘Article 6(3)(c) guarantees that proceedings against the accused will not take place without an adequate representation for the defence, but does not give the accused the right to decide himself in what manner his defence should be assured. The decision as to which of the two alternatives mentioned in the provision should be chosen, namely the applicant’s right to defend himself in person or to be represented by a lawyer of his own choosing, or in certain circumstances one appointed by the court, depends upon the applicable legislation or rules of court.
Notwithstanding the importance of a relationship of confidence between lawyer and client, the right to choose one’s own Counsel cannot be considered to be absolute. It is necessarily subject to certain limitations where free legal aid is concerned, and also where it is for the courts to decide whether the interests of justice require that the accused be defended by Counsel appointed by them. When appointing defence Counsel, the national courts must certainly have regard to the defendant’s wishes. However, they can override those wishes when there are relevant and sufficient grounds for holding that this is necessary in the interests of justice.’

Citations:

63378/00, [2005] ECHR 32, (2006) 43 EHRR 38

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 19 October 2022; Ref: scu.227639

Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993

Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in which this court could properly interfere with a judgment by him that a case was not so exceptional as to justify special behaviour.’

Judges:

Leggatt LJ and McCullough J

Citations:

Times 10-May-1993

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department CA 17-May-1994
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given . .
Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 October 2022; Ref: scu.87761

Croissant v Germany: ECHR 25 Sep 1992

Hudoc No violation of Art. 6-1; No violation of Art. 6-3-c
‘[I]t is for the courts to decide whether the interests of justice require that the accused be defended by counsel appointed by them. When appointing defence counsel the national courts must certainly have regard to the defendant’s wishes; indeed, German law contemplates such a course. However, they can override those wishes when there are relevant and sufficient grounds for holding that this is necessary in the interests of justice.’

Citations:

[1992] ECHR 60, 13611/88, (1993) 16 EHRR 135

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Berry Trade Ltd and Another v Moussavi and Others CA 21-Mar-2002
The respondent had, it was alleged, had breached worldwide asset freezing orders, and was liable to be committed to prison. Legal Aid was refused by the Legal Services Commission. After several adjournments, the other party offered to pay for . .
Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 19 October 2022; Ref: scu.165214

B v Carlisle Crown Court: Admn 9 Dec 2009

Application for judicial review on appeal proceedings at the Carlisle Crown Court. The application puts in issue, first, the extent of the jurisdiction of the High Court by judicial review in respect of such proceedings and if a challenge by this route is permissible, whether on the particular facts of this case we should allow the application with the consequence that the appeal proceedings are quashed.

Judges:

Mr Justice Langstaff

Citations:

[2009] EWHC 3540 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 16 October 2022; Ref: scu.396510

Glatt v Sinclair: CA 23 Nov 2011

Appeal against the order of Kenneth Parker J made on 4 November 2010 whereby he dismissed the appellant’s application for permission to continue an action for breach of duty against the respondent, a receiver appointed by the court pursuant to the Criminal Justice Act 1988.

Judges:

Ward, Lloyd, Kitchin LJJ

Citations:

[2011] EWCA Civ 1317

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice, Costs

Updated: 15 October 2022; Ref: scu.448489

Reynolds v Regina: CACD 5 Dec 2019

A judge’s summing up need not restate all evidence and arguments and the extent which it is helpful will depend on each case. Providing the salient points are covered and a proper balance is kept between the case for prosecution and defence, the Court should not easily be drawn into criticisms on points of detail.

Judges:

Simon LJ, Jacobs J, Judge Munro QC

Citations:

[2019] EWCA Crim 2145, [2019] WLR(D) 669, [2020] 4 WLR 16

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Criminal Practice

Updated: 14 October 2022; Ref: scu.647053

Wokingham Borough Council v Scott and Others: CACD 17 Jan 2019

The Registrar referred to the court an application by the prosecution, for leave to appeal under section 58 of the Criminal Justice Act 2003 against a terminating ruling.

Citations:

[2020] 4 WLR 2, [2019] EWCA Crim 205

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Wokingham Borough Council v Scott and Others QBD 20-Feb-2017
Application for injunction to cease alleged breaches of planning control. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Planning

Updated: 13 October 2022; Ref: scu.647062

Guardian News and Media Ltd and Others v R and Incedal: CACD 9 Feb 2016

Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as to the proper approach to be taken and as to the respective roles of the DPP and the Courts.

Judges:

Lord Thomas of Cwmgiedd CJ, Hallett, Sharpe LJJ

Citations:

[2016] EWCA Crim 11, [2016] 1 WLR 1767, [2016] EMLR 14, [2016] WLR(D) 67, [2016] HRLR 9, [2016] Crim LR 433, (2016) 180 JP 233, [2017] 2 All ER 121, [2016] 1 Cr App R 33

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

See also – Guardian News and Media Ltd and Others v Incedal CACD 24-Sep-2014
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 13 October 2022; Ref: scu.559669

In re Marines A and Others; Guardian News and Media and Other Media v Judge Advocate General: CACD 17 Dec 2013

The defendants were to face trial alleging that whilst serving in Afghanistan, they had committed murder. They had been granted anonymity, but that order was ordered to be lifted. They sought leave to appeal.
Held: The application was rejected. A Courts-Martial Appeal Court does not have a jurisdiction to hear an application for leave to appeal against the lifting of an order prohibiting the identification of parties to proceedings before a Court-Martial.

Judges:

Lord Thomas CJ, Tugendhat, Holroyde JJ

Citations:

[2013] EWCA Crim 2367, [2013] WLR(D) 486

Links:

Bailii, WLRD

Statutes:

Armed Forces (Court Martial) Rules 2009, Contempt of Court Act 1981

Jurisdiction:

England and Wales

Criminal Practice, Armed Forces, Media

Updated: 13 October 2022; Ref: scu.519023

Regina (Gladstone plc) v Manchester City Magistrates Court: QBD 18 Nov 2004

It was alleged that at the company’s annual genneral meeting the proposed defendant had assaulted the company’s chairman. The company prosecuted him. The magistrate dismissed the charge saying that the company had no standing to conduct such a prosecution, there being no public benefit in the company undertaking the prosecution.
Held: The company had a proper interest in the orderly conduct of its meetings, and could undertake the prosecution. Such actions must be exceptional, and the court would not want them to be used to stifle opposition to the management of the company.

Judges:

Rose, Leveson JJ

Citations:

[2004] EWHC 2806 (Admin), Times 26-Nov-2004, [2005] 1 WLR 1987, [2005] 2 All ER 56

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ewing, Regina (on the Application of) v Davis Admn 2-Jul-2007
The court considered whether the District Judge had been correct to refuse to issue summonses for private prosecutions where there was a suggestion that only a private dispute at stake.
Held: It ‘never was any requirement that a private . .
Cited – Rollins, Regina v CACD 9-Oct-2009
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to . .
Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Company

Updated: 12 October 2022; Ref: scu.220170

Regina v Vickers: CACD 1975

Before arraignment, the judge had heard submissions of law on admitted facts. The judge ruled that if those admitted facts were proved or admitted in the forthcoming trial they would amount to an admission or conclusive evidence of the accused’s commission of the charged offence. The accused, on the advice of his counsel and in the light of that ruling, pleaded guilty.
Held: The appeal failed. There is no statutory provision which entitles an accused to seek a ruling on the law which applies to an accused’s version of facts. Scarman LJ commented on the dangers of seeking the judge’s ruling before arraignment, but also expressed the view that Sections 1 and 2(1)(b) of the 1968 Act entitled the Court to consider whether there had been ‘a wrong decision of any question of law’ and required it to allow the appeal if ‘the agreed facts disclosed no offence known to the law’. He continued: ‘the agreed facts disclosed a case to answer. We doubt if the judge was entitled to go so far as to say there were conclusive of guilt – not because we disagree with the view of the facts formed by the judge but because we believe the question was, upon correct analysis, one of fact even though there was a question of law – namely, the meaning of the statute. No point, however, turns on the judge expressing the view that the admitted facts were conclusive. The appellant pleaded guilty because, upon advice, he had no answer if the agreed facts disclosed a case to answer.’

Judges:

Scarman LJ

Citations:

(1975) 61 Cr App R 48, [1975] 2 ALL ER 945

Statutes:

Criminal Appeal Act 1968

Jurisdiction:

England and Wales

Cited by:

Cited – Wood, Regina v CACD 25-May-2001
The appellant was a gipsy. He had bought land and occupied it with his family but without planning permission. He now appealed against a conviction for failing to comply with an enforcement notice. He appealed saying that he had not been allowed to . .
Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 12 October 2022; Ref: scu.536024

Regina v Melville: CACD 1976

The defendant appealed his conviction for murder saying that evidence later obtained suggested that he was suffering diminished responsibility at the time of the offence.
Held: The evidence was not admitted. It was not sufficiently strong to have supported the defence. The court quoted a previous judgment of Atkinson LJ: ‘It may well be that if subsequent evidence of diminished responsibility was really overwhelming, the Court might well feel moved to substitute a verdict of manslaughter, or to order a retrial.’

Citations:

(1976) 62 Cr App Rep 100

Statutes:

Criminal Appeal Act 1968 23, Homicide Act 1957 2

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Dodd CACD 10-Jun-1971
Medical evidence available at the time of the trial of the defendant for murder had been against diminished responsibility but there was said to be fresh evidence in favour of it now available for the appeal.
Held: ‘In the view of this Court, . .

Cited by:

Cited – Regina v Weekes CACD 18-Feb-1999
The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.241718

Director of Public Prosecutions v Shannon: 1973

An appeal will lie from a conviction entered upon a plea of guilty where that plea is a consequence of an earlier incorrect ruling in law.

Citations:

[1974] CLY 546, (1973) 59 CAR 251

Jurisdiction:

England and Wales

Cited by:

Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.211387

Regina v Gooch: CACD 26 Jun 1998

Where the defendant faced a confiscation order resulting from conviction on charge only added to indictment, the period of six years was the period running up to the commencement of the proceedings to which the charge was later added, not the adding of the count.

Citations:

Times 15-Jul-1998, [1998] EWCA Crim 2107

Statutes:

Drug Trafficking Offences Act 1986

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 October 2022; Ref: scu.154981

Regina v Nelson, Rose: CACD 3 Apr 1998

Two sisters and a brother who despite buying their tickets and travelling together prior to arrival, split up and proceeded separately through customs, caused suspicion. The question arose as to the admissibility in evidence of questioning by customs officers without a caution having been given.
Held: ‘The appropriate time to administer the caution in a situation such as this is when, on an objective test, there are grounds for suspicion, falling short of evidence which would support a prima facie case of guilt, not simply that an offence had been committed, but committed by the person who is being questioned.’

Citations:

[1998] EWCA Crim 1183, [1998] 2 Crim App R 399

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Dianne Senior and Samantha Senior CA 4-Mar-2004
The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.154057

Regina v Tolera: CACD 7 Apr 1998

A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant’s account, as disclosed to a probation officer for the purposes of a pre-sentence report, differed from the Crown’s case, the defendant should draw the passage to the attention of the court and if the court did not accept a defendant’s account it should make that clear before sentence.

Judges:

Lord Bingham LCJ

Citations:

Times 28-Apr-1998, [1998] EWCA Crim 1219, [1999] 1 Cr App R 29, [1998] Crim LR 425

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Neal, Hood CACD 28-Nov-2003
The defendants appealed sentence for having been involved in the large scale importation of cigarettes evading customs duty.
Held: The judge had paid proper attention to Dosanjh. Having regard also to Czyzewski, the sentences were within the . .
Cited – Knaggs v Regina CACD 13-Jul-2009
The defendant appealed against a confiscation order, made on the basis of evidence secured from a probe installed in his car. He had made clear that he disputed the recordings. A second judge had inherited the proceedings, and ruled that he could . .
Cited – Cairns v Regina CACD 16-Apr-2013
Appeals against sentence are mounted on the basis that the Judge has failed to have any, or sufficient, regard to the basis on which a plea of guilty has been entered. Re-statement of approaches. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Sentencing

Updated: 11 October 2022; Ref: scu.154093

Regina v Tarlock Singh (Deceased): CACD 4 Jun 1998

A departure from a Watson direction will not necessarily make a jury verdict unsafe.

Citations:

[1998] EWCA Crim 1772

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Watson CACD 1988
The court indicated how a jury might be directed in the event of an apparent deadlock, given two public interests which tend to pull in opposite directions: (i) the imperative that a jury should be put under no pressure; and (ii) the desirability of . .

Cited by:

Cited – Morrison v Chief Constable of the West Midlands Police CA 17-Feb-2003
The claimant sought damages from the police for the manner of her arrest. At the civil trial, the jury had been undecided, and the court directed the jury as to resolution. The respondents appealed saying that the judge had put too much pressure on . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.154646

Regina v Mahmood: CACD 27 Jan 1998

The appellant was convicted of supplying heroin. He and his co-defendant who had pleaded guilty, had been filmed on video. The appellant did not give evidence but contended that it was the other, not he, who had supplied the heroin and received the price.
Held: The defence had invited the jury to interpret a poor quality film in a certain way. This could scarcely engage the operation of section 34(1), and direction had been inappropriate: ‘As already noted, the appellant elected not to give, or call, any evidence at trial. Therefore he did not fail at the interview at the police station to mention, in the language of section 34(1), ‘any fact relied on in his defence at trial’.’

Citations:

[1998] EWCA Crim 259

Statutes:

Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Evidence

Updated: 11 October 2022; Ref: scu.153133

Regina v Guney: CACD 27 Feb 1998

The defence should be told of convictions of police officers and misconduct findings, but requests for such information must be realistic as to the limits to the practicality of providing complete answers. The court referred to ‘a fairly consistent approach by the Court of Appeal in cases where police officers from a particular squad or force have been proved to misconducted themselves. If one of these officers has given incriminating evidence, then the conviction has frequently been quashed whether or not that evidence appears to be supported by other officers whose credibility has not been impugned in the same way.’

Judges:

Judge LJ

Citations:

Times 09-Mar-1998, Gazette 16-Apr-1998, [1998] EWCA Crim 604, [1998] EWCA Crim 719

Jurisdiction:

England and Wales

Cited by:

Cited – Deans, Regina v CACD 30-Jul-2004
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.153593

Regina v Durrant: CACD 6 Mar 1998

The foreman of the jury effectively indicated that there was no reasonable prospect of the jury reaching an agreed verdict, but the judge interrupted saying that he would ask them to retire again for a while and read out verbatim the Watson direction. Then the trial judge said: ‘With that therefore may I ask you to carry on for a little bit longer to see if you can reach the necessary degree of you unanimity, at least ten. Thank you very much.’
Held: The appeal failed. Waller LJ said: ‘The only question is, as it seems to us, whether there is anything in Mr Taylor’s argument that, because of the intervention of the foreman indicating that at that stage he did not think that there was a reasonable prospect of reaching a verdict, plus a reference to ‘again retire for a little while’ there was any pressure put on the jury. We have to say that we simply do not follow how that can be so. The fact that the foreman is indicating that at that stage he does not think there was a reasonable prospect, as it seems to us, is no reason at all why the judge should not say to the jury, as in effect he was, ‘I do want you to go out and consider the matter for some further time’ and his reference to ‘again for a little while’ and ‘for a little bit longer’ and his acceptance that, if they cannot agree, then that would be accepted, as it seems to us is doing exactly what the direction is designed to do, ie indicate to the jury: ‘Please think about it again, but, if you cannot agree, then that decision of yours will be accepted’. As we see it (in agreement, we should say, with the single judge) we do not think that there is any merit in the Watson direction point.’

Judges:

Waller LJ

Citations:

[1998] EWCA Crim 833

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Watson CACD 1988
The court indicated how a jury might be directed in the event of an apparent deadlock, given two public interests which tend to pull in opposite directions: (i) the imperative that a jury should be put under no pressure; and (ii) the desirability of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.153707

Regina v Bowers, Taylor, Millan: CACD 13 Mar 1998

Bowers and Millan complained that the direction given under section 34 was impermissible. The ground of complaint was that they had not relied on any fact by way of defence, but had simply put the prosecution to proof.
Held: The court asked what evidence had been presented: ‘A fact relied on may, in our judgment, be established by the accused himself in evidence, by a witness called on his behalf, or by a prosecution witness, in evidence-in-chief, or in cross-examination. In the present case, there was, it is common ground, no such fact.’

Citations:

[1998] EWCA Crim 918, [1999] Crim LR 77

Statutes:

Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Regina v Becouarn HL 28-Jul-2005
At his trial for murder, the defendant had not given evidence, and the court had allowed the jury to draw proper inferences under s35.
Held: The JSB direction ‘on drawing inferences [i]s sufficiently fair to defendants, emphasising as it does . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.153792

Regina v Sekadde: CACD 16 Dec 1997

The defendant appealed a conviction for supply of heroin. Among the grounds of appeal was the suggestion that the act that she had been requested to translate a document in her own language for the court create a false association with that document.
Held: The judge had sufficiently warned the jury not to make the association. Appeal dismissed.

Judges:

Lord Justice Kennedy, Mr Justice Dyson And His Honour Judge Mellor

Citations:

[1997] EWCA Crim 3339

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 October 2022; Ref: scu.152794

Regina v Tarrant: CACD 18 Dec 1997

At a first trial it was suspected that a juror had been approached, and a retrial was ordered. The prosecutor applied to have the trial moved out of the area to avoid a repetition, but the judge directed instead that a jury protrection order be made, and that the jury should consist of only members with a different postcode. The defendant appealed.
Held: The appeal succeeded. The random nature of a jury is to be protected by the administration of the system, not by orders of a judge excluding inhabitants of a particular area: ‘both the nomination of the prospective jurors onto the panel and the selection of jurors from the panel to try the case must be random . . that random process is to be carried out not by or on behalf of the judge, but by the court’s administration.’ and ‘The trial judge has a residual common law discretion to discharge individual potential jurors if they are not likely to be willing or able properly to perform their duties. Thus he may discharge individual potential jurors if they are incompetent (whether physically or mentally), if they know personally any defendant, or any witness, or may have any employment loyalties favouring one side rather than the other. He may also excuse those who are likely to be too preoccupied by personal tragedy, or personal responsibilities unfulfilled by reason of jury service (eg looking after the very young or the very old). And in very long trials, the practice is to excuse those for whom taking part in a long trial would cause hardship. But that discretion cannot be used to interfere with the composition of the panel or of an individual jury. ‘

Judges:

Henry LJ, Gage, Tucker JJ

Citations:

Times 29-Dec-1997, [1997] EWCA Crim 3364

Links:

Bailii

Statutes:

Juries Act, 1974 2 6 8

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Sheffield Crown Court ex parte Brownlow CA 1980
Two police officers were being brought to trial, charged with assault occasioning bodily harm. They applied to the trial judge for an order directing the prosecution to inform the defence whether any members of the jury panel had criminal . .
Cited – Regina v Ford CACD 1989
The appellant challenged the judge’s refusal to accede to an application to swear in a multi-racial jury.
Held: The judge was right in coming to the conclusion that he should not order a multi-racial jury to be empanelled. He had no power to . .
Cited – Regina v Rose and Others HL 2-Jan-1982
Jurisdiction of CACD for Venire de Novo writ
The House considered what should be the consequences of a radical or fundamental error in the trial process, and whether there was jurisdiction in the Court of Appeal Criminal Division to order a venire de novo when the court was satisfied that a . .
Cited – Regina v Comerford CACD 28-Oct-1997
Jury interference was anticipated. The assembled jurors were each allocated a number before being brought into court. Instead of their names being called out in the ballot, their number was called for the ballot. No juror was identified in court by . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.152819

Regina v Gooch: CACD 16 Jan 1998

Leave to appeal conviction and sentence had been given and the appellant absconded before the appeal against sentence could be determined. The Crown wanted the appeal resolved so that it could enforce a confiscation order, and therefore invited the Court to proceed.
Held: The appeal of a defendant absconding before the appeal was heard would usually be adjourned or disposed according to the merits, but can exceptionally be heard without him. However, the Court declined to follow the ‘normal course’ and adjourn the appeal of an absconder. The Court declared there is no rule of law that an appeal cannot be heard in the absence of the appellant.
Buxton LJ explained that in civil proceedings where a ‘fundamental matter with regard to an order is being complained of, the Court will not necessarily treat the fact the order has been disobeyed as a reason for not hearing the person who complains of it. We think these considerations must apply strongly in a case where the issue is a matter of criminal punishment . .’ However, the Court cautioned that a person who absents himself ‘is in the mercy of the Court and there may be circumstances where the only sensible or proper course is to dismiss the appeal without proper consideration of the merits.’

Judges:

Buxton LJ

Citations:

Times 29-Jan-1998, Gazette 18-Feb-1998, [1998] EWCA Crim 132, [1998] 2 Cr App R 130

Jurisdiction:

England and Wales

Cited by:

Cited – Okedare, Regina v CACD 27-Feb-2014
The court heard applications for leave to appeal on behalf of applicants who had either absconded or disappeared.
Held: The court considered whether the lawyers filing the appeals had authority, whether express or implied. ‘we are satisfied . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.153006

Regina v Nickolson: CACD 23 Jan 1998

D appealed against his conviction of indecently assaulting his young stepdaughter, on whose nightdress a small amount of seminal staining had been found. Giving evidence at trial he was asked by his counsel if he could think of any way in which semen might have found its way onto the nightdress, and he proffered an explanation. Since the appellant had not mentioned this explanation when questioned the trial judge gave the jury a section 34 direction.
Held: The judge was wrong to do so. When he was questioned both police and appellant were unaware of the staining. He could not reasonably have been expected to mention an explanation of a phenomenon of which he was unaware. ‘the wording of section 34(1)(a) refers to a failure ‘to mention any fact relied on in his defence’. At no stage in his defence did the appellant assert as a fact that the seminal staining was due to a visit by the complainant to the lavatory. He was asked whether he could think of any explanation as to how the staining came to be on the nightdress. His answer about the complainant’s visit to the lavatory was a proffered explanation but was not and could not be construed as a fact. It was more in the nature of a theory, a possibility or speculation. ‘

Judges:

Maurice Kay J

Citations:

[1998] EWCA Crim 238

Statutes:

Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.153112

Regina v Secretary of State for Home Department ex parte Probyn ex parte Walker; Regina v Taylor: CACD 29 Jul 1997

In his sentencing remarks the judge had started by directing his return to prison and then turned to the sentences for the offence in question.
Held: A sentencing tribunal should first decide what the appropriate sentence was for the new offence or offences and only then look to the question of returning the defendant to prison under his licence and if so for what period.

Judges:

Rose LJ

Citations:

[1997] EWCA Crim 2026

Jurisdiction:

England and Wales

Cited by:

Cited – Norman and Others, Regina v CACD 20-Jul-2006
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served.
Held: The defendants were entitled to a direction. If the time for . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.151481

Regina v Hickey, Hickey, Robinson, Molloy: CACD 30 Jul 1997

The case concerned the production for the benefit of the defence, of the prison records of a prosecution witness who was putting forward an account of a cell confession. The Appeal Court is not concerned with the guilt or innocence of the appellant, but only with the safety of the conviction: ‘This may, at first sight, appear an unsatisfactory state of affairs, until it is remembered that the integrity of the criminal process is the most important consideration for courts which have to hear appeals against conviction. If the trial process is not fair, if it is distorted by deceit or by material breaches of the rules of evidence or procedure, then the liberties of all are threatened.’

Judges:

Roch LJ, Hidden, Mitchell JJ

Citations:

[1997] EWCA Crim 2028

Jurisdiction:

England and Wales

Cited by:

Dsitinguished – Regina v Hayter CACD 16-Apr-2003
The defendant appealed against his conviction for murder, on the basis that the jury had used a conclusion about the guilt of a jointly accused to support his own conviction.
Held: Section 74 had altered the law, and earlier cases were no . .
Cited – Regina v McCartney, Hamlett, Beddow and Hulme CACD 16-May-2003
The defendants appealed convictions and sentences for a long series of armed robberies. The evidence centred on the admissions of a participant, whose statement, the defendants alleged was self serving and unreliable, and in one case served a . .
Cited – Regina v Hayter CACD 16-Apr-2003
The defendant appealed against his conviction for murder, on the basis that the jury had used a conclusion about the guilt of a jointly accused to support his own conviction.
Held: Section 74 had altered the law, and earlier cases were no . .
Cited – Regina v Hayter HL 3-Feb-2005
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
Cited – Kelleher, Regina v CACD 20-Nov-2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher.
Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.151483

Regina v Wood, Fitzsimmons: CACD 10 Oct 1997

If the defence could show a proper need to cross examine a witness giving evidence under the section as to a reason for a witness’ non-attendance, the defence should be given that opportunity.

Citations:

[1997] EWCA Crim 2422, [1998] Crim LR 213

Statutes:

Criminal Justice Act 1988 23

Jurisdiction:

England and Wales

Cited by:

Cited – Lobban, Regina v CACD 7-May-2004
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear.
Held: In making the decision, the judge had . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.151877