Attorney Generals Reference Under Section 36 of The Criminal Justice Act 1988, Kelly and Others v Regina: CACD 30 Jun 2016

Appeal against sentences for conspiracy to rob as too lenient.
Held: The starting point for sentencing these offenders, taken from the guidelines applicable at the date of sentencing, in respect of their participation in this conspiracy to rob should be in the range of 6 to 11 years imprisonment, depending on the nature and extent of their involvement and their antecedents. The appeals succeedd in each case, and the sentences increased accordingly.

Lloyd Jones LJ, Gilbart, May JJ
[2016] EWCA Crim 750
Bailii
England and Wales

Criminal Sentencing

Updated: 18 January 2022; Ref: scu.566427

The City and County of Swansea v Swansea Crown Court and Another: Admn 9 Jun 2016

The defendant, suffering dementia and with other age related disabilities, had been found under the 2006 Act to have committed an historic rape. The authority now appealed saying that the supervision order imposed by the court had been outside its jurisdiction.
Held: He did not have the jurisdiction used. The case was remitted for resentencing

Hickinbottom J
[2016] EWHC 1389 (Admin)
Bailii
Criminal Procedure (Insanity) Act 1964

Criminal Sentencing

Updated: 17 January 2022; Ref: scu.565718

Rawlinson v Regina: CACD 18 Dec 2018

The defendant had been given a conditional discharge for an offence of exposure. He was convicted of a further unrelated minor offence, and the question arose of the requirement for notification under the 2003 Act for the original offence.
Held: His appeal was allowed. The Court of Appeal did have jurisdiction to hear the appeal. Some elements of the notification scheme did differentiate among less serious offences, and did not require notification in these circumstances.

Lord Burnett of Maldon CJ, Lewis J, Sir Roderick Evans
[2018] EWCA Crim 2825, [2018] WLR(D) 785
Bailii, WLRD
Sexual Offences Act 2003
England and Wales

Criminal Sentencing

Updated: 17 January 2022; Ref: scu.633140

Feltis, Regina v: CACD 19 Aug 1996

The defendant appealed against sentence of twleve months for causing an impairment of operation of the computer. He had repeatedly disconnected network cables on his employers main network causing very serious disruption to its business.
Held: There was substantial personal mitigation: ‘. It is clear that this appellant is unlikely to re-offend. He has worked hard for his employers in the past and the effects of his wrongdoing have been extremely severe, both to him, in that he is never going to work in the computer business again, and upon his wife and family who are facing very, very grave financial embarrassment, if not worse.
In those circumstances we feel that there is substantial personal mitigation and that in the circumstances this is a proper case in which we can reduce the length of the sentence which this man ought to suffer. We do not criticise in any way whatever the sentence passed by the learned trial judge, but as an act of mercy and in the light of all the reports, some of which we suspect were not before the learned trial judge, we consider that the right sentence to be passed in this case is one of six months’ imprisonment ‘

[1996] EWCA Crim 776
Bailii
Computer Misuse Act 1990
England and Wales

Criminal Sentencing

Updated: 14 January 2022; Ref: scu.563180

Regina v HM Attorney-General’s Reference (No 126 of 2006): CACD 30 Jan 2007

The defendant had pleaded guilty to murder. Being under eighteen years of age, he had been sentenced to detention for 12 years.
Held: The sentence would be increased to fifteen years. The twelve year figure was only a starting point, and the court’s duty was fact specific. The court re-emphasised the fact that a youth might receive a lighter sentence than would an adult for a similar offence.

[2007] EWCA Crim 53, Times 13-Feb-2007, [2007] 1 All ER 1254
Bailii
Criminal Justice Act 2003 Sch 21
England and Wales

Criminal Sentencing

Updated: 13 January 2022; Ref: scu.248845

Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v BP EA (Abstract): ECJ 19 Mar 2020

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Procedure for the confiscation of assets illegally acquired in the absence of a criminal conviction – Directive 2014/42 / EU – Scope – Framework Decision 2005/212 / JHA

C-234/18, [2020] EUECJ C-234/18, ECLI: EU: C : 2020: 221, [2019] EUECJ C-234/18_O
Bailii, Bailii
European

Criminal Sentencing

Updated: 13 January 2022; Ref: scu.654955

Toal, Re Application for Judicial Review: QBNI 19 Jun 2006

Life sentence prisoner – recall to prison – recommendation of Life Sentence Review Commissioners under Article 9(1) of Life Sentences (NI) Order – whether panel of Commissioner could make recommendation – whether full body of Commissioners had to consider matter.

[2006] NIQB 44
Bailii
Northern Ireland

Criminal Sentencing

Updated: 12 January 2022; Ref: scu.242746

The Greater Manchester Probation Committee v Bent: QBD 1996

A community order had been made and, after lodging a notice of appeal against both conviction and sentence, the defendant failed to attend for community service on two occasions. The appeal was later dismissed. The service did not know of the appeals when it complained of the breach. The justices ruled that the breach proceedings should not have been instituted while the appeal was pending and they dismissed the information.
Held: The fact that an appeal had been lodged did not mean that the probation service could not institute proceedings for breach of an order which was under appeal.
Blofeld J said of the magistrates: ‘They were perfectly entitled to consider all the facts of the relevant case, including the specific fact that a notice of appeal had been lodged. If in all the circumstances of the individual case they had then come to the conclusion that there was a reasonable excuse for this particular offender, Mr. Bent, not to have attended, then under sch.2 they were entitled to say so. They did not take that course.’
Saville LJ said that the starting point must always be that ‘once a sentence of any kind has been passed, then it is in force and enforceable in the absence of specific provisions to the contrary.’

Saville LJ and Blofeld J
(1996) 160 JP Rep 297
England and Wales
Cited by:
CitedWest Midlands Probation Board v Sutton Coldfield Magistrates’ Court and others Admn 11-Jan-2008
The Board complained that the defendants had failed to comply with the requirements of community service orders. They appealed against a finding that the complaints were not made out. The defendants had not attended because they were appealing their . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 January 2022; Ref: scu.263520

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH.
Held: HH and PH’s appeals failed, but that of FK succeeded. Though there are similarities and differences between extradition and immigration and domestic criminal cases, a court must still take care to examine the effect on family life. There is no test of exceptionality, the public interest in extradition and that those guilty of offences should receive appropriate punishment must be balanced against a duty not to interfere in private and family life. The court must be careful not to create a safe haven for fugitives, and should show respect for foreign jurisdictions. The nature and seriousness of the offences and any effect of delay must be allowed for. In summary, an interference with family life will usually have to be severe to outweight the public interests in effective extradition.
The court contrasted and compared the laws of extradition and domestic criminal process.
Lord Kerr said: ‘Article 3.1 of the UN Convention on the Rights of the Child dated 20 November 1989 provides that ‘in all actions concerning children . . the best interests of the child shall be a primary consideration’ . . The word ‘concerning’ in article 3.1, like the phrase ‘relating to’ in article 24.2, encompasses actions with indirect, as well as direct, effect upon children: the ZH (Tanzania) case, para 26 (Lady Hale). The rights of children under article 8 must be examined through the prism of article 3.1: see paras 21 to 23 of the same case.’

Lord Hope, Deputy President, Lady Hale, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson, Lord Brown
[2012] UKSC 25, [2012] 3 WLR 90, UKSC 2011/0128, [2013] 1 AC 338, [2012] HRLR 25, [2012] 4 All ER 539
Bailii, Bailii Summary, SC Summary, SC
Extradition Act 2003, European Convention on Human Rights 8
England and Wales
Citing:
CitedKakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .
CitedNorris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Appeal fromF-K, Regina (on The Application of) v Polish Judicial Authority Admn 19-Jan-2012
The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. . .
Appeal fromHH, Regina (on The Application of) v City of Westminster Magistrates Court Admn 11-May-2011
The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life. . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
CitedRodrigues Da Silva and Hoogkamer v The Netherlands ECHR 31-Jan-2006
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her . .
CitedUner v The Netherlands ECHR 18-Oct-2006
(Grand Chamber) The court considered the application of article 8 considerations in extradition and similar proceedings, and said: ‘the best interests and well-being of the children, in particular the seriousness of the difficulties which any . .
CitedBeokuBetts v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an . .
CitedWellington Regina, (on the Application of) v Secretary of State for the Home Department HL 10-Dec-2008
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face . .
CitedNeulinger And Shuruk v Switzerland ECHR 6-Jul-2010
(Grand Chamber) The Swiss Court had rejected the claimant mother’s claim, under article 13b of the Hague Convention, that there was a grave risk that returning the child to Israel would lead to physical or psychological harm or otherwise place him . .
CitedHarkins And Edwards v The United Kingdom ECHR 17-Jan-2012
Each defendant objected to their proposed extradition to the US, saying that if extradited and convicted they would face the possibility of a death sentence or of a life sentence without the possibility of parole, each being incompatible with . .
IncorrectB v The District Court In Trutnov and Another (Two Czech Judicial Authorities) Admn 15-Apr-2011
In each case the defendant argued that his extradition would interfere with his article 8 rights to private and family life.
Held: Silber J said: ‘It is clear that the approach of the courts to article 8 rights has to be radically different in . .
CitedAronica v Germany ECHR 18-Apr-2002
(Decision as to admissibility) . .
CitedBH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
CitedAttorney-General for Northern Ireland v Gallagher HL 1961
The defendant appealed against his conviction for the murder of his wife. The court allowed his appeal on the ground of a misdirection. The prosecutor having now appealed, he sought to plead insanity.
Held: The appeal was allowed on the new . .
CitedOlsson v Sweden (No 1) ECHR 24-Mar-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs . .
CitedLaunder v The United Kingdom ECHR 8-Dec-1997
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region.
Held: The application was manifestly ill-founded: . .
CitedKleuver v- -Norway ECHR 30-Apr-2002
The mother resisted extradition to face a drug trafficking charge. She complained that she would be separated from her child on its birth.
Held: Her claim failed. . .
CitedGorczowska, Regina (on The Application of) v District Court In Torun Poland Admn 8-Feb-2012
The defendant appealed against an order for her extradition to Poland to serve a sentence for possessof drugs imposed in 2006. Since living here she had given birth to a child, and they lived with her father.
Held: It would not be . .
CitedRegina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
CitedHM Advocate, Re 4th Criminal Court of Lisbon, A Porugese Judicial Authority HCJ 9-Dec-2011
The Lord Advocate appealed against dismissal of extradition proceedings against the two defendants. . .
CitedKing v The United Kingdom ECHR 26-Jan-2010
Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .

Cited by:
CitedBH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
CitedZoumbas v Secretary of State for The Home Department SC 27-Nov-2013
The appellant challenged a decision that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Immigration Rules. He argued that the return to the . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedNzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
CitedLord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
CitedGoldtrail Travel Ltd v Onur Air Tasimacilik As SC 2-Aug-2017
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into . .
CitedHer Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
CitedKonecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
. .

Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights, Criminal Sentencing

Updated: 10 January 2022; Ref: scu.460539

F and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Apr 2010

The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the absence of a review was incompatible with their article 8 rights.
Held: The appeal failed. It was a question of proportionality. The requirements to notify addresses and report were infringements of the respondents’ article 8 rights. The court asked, to what extent it was an infringement, how vauable was the regime in the pursuit of a legitimate aim, and whether the success of the arrangement was dependent on the absence of a review system.
Where, given an opportunity, a defendant could satisfy the authorities that there was no need for a continued registration, there was no purpose served by a continued registration, and its associated infringements. There were already systems in place and relied on for the review of sex offenders, and therefore a system of review was practicable.
Lord Phillips said: ‘it is obvious that there must be some circumstances in which an appropriate tribunal could reliably conclude that the risk of an individual carrying out a further sexual offence can be discounted to the extent that continuance of notification requirements is unjustified. As the courts below have observed, it is open to the legislature to impose an appropriately high threshold for review. Registration systems for sexual offenders are not uncommon in other jurisdictions. Those acting for the first respondent have drawn attention to registration requirements for sexual offenders in France, Ireland, the seven Australian States, Canada, South Africa and the United States. Almost all of these have provisions for review. This does not suggest that the review exercise is not practicable.’

Lord Phillips (President), Lord Hope (Deputy President), Lord Rodger, Lady Hale, Lord Clarke
[2010] WLR (D) 98, [2010] UKSC 17, [2010] 2 WLR 992, [2011] 1 AC 331, [2010] 2 All ER 707, (2010) 113 BMLR 209, 113 BMLR 209
SC, SC Summ, Bailii, WLRD
Sexual Offences Act 2003 82, European Convention on Human Rughts 8
England and Wales
Citing:
CitedDe Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Appeal FromJF and Another, Regina (On the Application of) v Secretary of State for the Home Department CA 23-Jul-2009
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
At first InstanceF and Another, Regina (on the Application of) v Secretary of State for the Home Department QBD 19-Dec-2008
The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law.
Held: A declaration of incompatibility was . .
CitedStubbings and Others v The United Kingdom ECHR 22-Oct-1996
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: . .
CitedIbbotson v United Kingdom ECHR 1998
While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a ‘penalty’ . .
CitedBouchacourt v France ECHR 17-Dec-2009
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedAdamson v The United Kingdom ECHR 26-Jan-1999
The Court reached the following conclusion as to the purpose of the notification requirements for sex offenders: ‘the purpose of the measures in question is to contribute towards a lower rate of reoffending in sex offenders, since a person’s . .
CitedMassey v United Kingdom ECHR 8-Apr-2003
The applicant complained that there was no ‘assessment or review’ of the necessity for his sex offender registration. . .
CitedGallagher, Re an Application By for Judicial Review QBNI 9-Apr-2003
The applicant had been convicted of offences of indecent assault. He contended that the notification requirements of the 1997 Act infringed his rights under Article 8.
Held: The court rejected the claim: ‘The task of deciding whether the . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
CitedA v The Scottish Ministers and Others, Re Application for Judicial Review SCS 27-Nov-2007
. .
CitedForbes v Secretary of State for the Home Department CA 11-Jul-2006
The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the . .

Cited by:
CitedT, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 09 January 2022; Ref: scu.409977

Regina (U) v Commissioner of Police of the Metropolis; Regina (R) v Chief Constable of Durham Constabulary: Admn 29 Nov 2002

In each case the youth aged 15 had been given a warning after admitting a sexual assault, and a decision had been made not to prosecute. On accepting the warnings, they had then been required to place their names on the sex offenders register, but this had not been explained to them when asked about accepting the warning.
Held: In one case, the acceptance of guilt was equivocal in any event. The placing of a name on the sex offender’s register added a public dimension to the consequences of accepting guilt, but without the putative offender having the opportunity of a trial. To have this happen without the consequences being explained, and by an administrative procedure was unfair.
Held: The warning procedure was not one requiring the consent of the youth (as opposed to a caution of an adult)

Latham LJ, Field J
Times 10-Dec-2002, [2003] 1 WLR 897, [2002] EWHC 2486 (Admin)
Bailii
European Convention on Human Rights 6.1, Crime and Disorder Act 1998 65 66
England and Wales

Criminal Sentencing, Human Rights, Police

Updated: 09 January 2022; Ref: scu.178366

Regina v Rochford: CACD 28 Jul 2010

The defendant appealed against sentence after being found in contempt. His lawyers had filed a defence statement, based on the defendant’s case, which the judge felt was inadequate. It was said that the defendant was in contempt after failing to amend it as required by the judge. He appealed against a sentence of imprisonment.
Held: Section 11 provides the sanction for failure to comply with the statutory duty, first to file a defence statement, and second to put into it those things which are required by section 6A. The sanction is comment by either the court or any other party and the freedom of the tribunal of fact to conclude that the explanation for such a failure contributes to the case against the defendant as indicating that the failure is attributable to his guilt. The course taken by the judge was different, but that this was at a pretrial stage where different sanctions were available.
At the time, it was not possible for the judge to know whether the defence statement was incomplete, and nor was he entitled to require counsel to reveal his instructions if no positive case was going to be made in the choices apparent at the time. ‘ The sanction for non-compliance is explicit in the statute in section 11. It is not open to the court to add an additional extra statutory sanction of punishment for contempt of court.’
Since the duty to file a defence statement was statutory, it was not open to deence counsel to advise a client not to do so. What should happen where a defendant proposed no positive defence to his lawyers must be decided by them on a case to case basis, but: ‘The defence statement must say that the defendant does not admit the offence or the relevant part of it as the case may be, and calls for the Crown to prove it. But it must also say that he advances no positive case because if he is going to advance a positive case that must appear in the defence statement and notice of it must be given. Unless the requirement is that the statement is made but no positive case is advanced it would be open to defendants simply to ignore section 5(5) and 6A.’ and ‘the lawyer’s duty is first of all never to advise either the absence of a defence statement or the omission from it of something which section 6A requires to be there because of the way the trial is going to be conducted. The lawyer’s duty is not to give the defendant advice on what to do. The lawyer’s duty is to explain the statutory obligation that he has and to explain the consequences which follow from disobedience of it.’

Hughes LJ VP, Rafferty DBE, Maddison JJ
[2010] EWCA Crim 1928, [2011] 1 Cr App R 11, [2011] 1 WLR 534
Bailii
Criminal Procedure and Investigations Act 1996, Adminsitration of Justice Act 1960 13
England and Wales
Citing:
CitedPenner, Regina v CACD 5-May-2010
The combination of the 1996 Act and the Criminal Procedure Rules had or at least were designed to abolish what was known as trial by ambush. . .
CitedKelly, Regina (on the Application of) v Warley Magistrates Court and The Law Society Admn 31-Jul-2007
. .

Cited by:
CitedRegina v Farooqi and Others CACD 30-Sep-2013
Defendants appealed against their conviction of terrorist acts alleging incompetence by their leading counsel.
Held: The appeal failed: ‘ Notwithstanding many unfortunate features of this trial the convictions of three of the defendants, and . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Criminal Practice

Updated: 08 January 2022; Ref: scu.426481

Regina v Hood: CACD 2004

The defendant had been convicted of the manslaughter by gross negligence of his wife. On 14 March 2002 she had suffered a fall at home fracturing a number of bones including her right leg and hip. The defendant sought no medical help until 4 April 2002 by which time his wife was debilitated, very thin and suffering pressure sores. She did not survive her admission to hospital. The defendant appealed against sentence.
Held: The fact that the deceased was unwilling to go to hospital and that she could have sounded an alarm which would have been heard by the warden at their home were treated as mitigating features.

[2004] 1 Cr App R (s) 73
England and Wales
Cited by:
CitedJenkins, Regina (on The Application of) v HM Coroner for Portsmouth and South and Others Admn 11-Dec-2009
The deceased had contracted gangrene, but not sought treatment, and he died of it. The claimant challenged the narrative verdict saying that it was perverse and that the only proper verdict was unlawful killing by his partner, a nurse who had . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 08 January 2022; Ref: scu.384058

Junior Reid, Roy Dennis and Oliver Whylie v The Queen; Errol Reece, Robert Taylor and Delroy Quelch v the Queen: PC 27 Jul 1989

PC (Jamaica)

Lord Diplock
[1989] UKPC 1, [1990] 1 AC 363
Bailii, PC, PC
England and Wales
Cited by:
CitedDean Cedeno v Kenwin Logan PC 18-Dec-2000
(Trinidad and Tobago) The defendant appealed conviction and sentence for larceny, based on identification evidence. He said that the magistrate had failed to give proper weight to the need, pace Turnbull, to be careful in accepting identification . .
CitedDelroy Ricketts v The Queen PC 15-Dec-1997
(Jamaica) Special leave was granted to the defendant to appeal his conviction for murder. Counsel had been late for his trial, and the jury empanelled. When counsel arrived he said the defendant had not understood the judge. A trial took place as to . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 08 January 2022; Ref: scu.159151

Harvey, Regina v: SC 16 Dec 2015

Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC.
Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including the VAT in such an order was disproportionate. Whilst the 2002 Act served properly as a deterrent, it was not intended itself to be punitive. VAT was not a tax on a par with Income Tax or Corporation Tax. It was, in effect the taxpayer collecting tax as agent for HMRC
As to construction of the 2008 Act: ‘In para 8 of Waya, POCA was described as ‘framed … in broad terms with a certain amount of . . ‘overkill”. Lord Walker and Lord Hughes went on to say that ‘[although the statute has often been described as ‘draconian’ that cannot be a warrant for abandoning the traditional rule that a penal statute should be construed with some strictness’, adding that, ‘subject to this and to [the Human Rights Act 1998], the task of the Crown Court judge is to give effect to Parliament’s intention as expressed in the language of the statute. The statutory language must be given a fair and purposive construction in order to give effect to its legislative policy”.

Lord Neuberger, President, Lord Mance, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 73, [2015] WLR(D) 539, [2017] AC 105, [2016] 2 WLR 37, [2016] Lloyd’s Rep FC 41, [2016] 1 Cr App R (S) 60, [2016] Crim LR 356, [2016] 4 All ER 521, UKSC 2013/0249
Bailii, Bailii Summary, WLRD, SC, SC Summary
Proceeds of Crime Act 2002
England and Wales
Citing:
CitedBasso and Another v Regina CACD 19-May-2010
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income . .
CitedAhmad, Regina v SC 18-Jun-2014
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or . .
At CACDHarvey, Regina v CACD 3-Jul-2013
The defendant had been convicted of handling and receiving stolen goods. He now appealed from a confiscation order made under the 2002 Act. The defendant having admitted to benefiting from a criminal lifestyle, the court had to decide to what . .
CitedElida Gibbs Ltd v Commissioners Of Customs And Excise ECJ 24-Oct-1996
ECJ Where
(a) a manufacturer issues a money-off coupon, which is redeemable at the amount stated on the coupon by or at the expense of the manufacturer in favour of the retailer, (b) the coupon, which is . .
CitedMay, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
CitedWaya, Regina v SC 14-Nov-2012
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later . .
CitedSalvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
CitedCommission v Netherlands ECJ 8-Nov-2001
ECJ Failure of a Member State to fulfil its obligations – Articles 17(2)(a) and 18(1)(a) of the Sixth VAT Directive – National legislation allowing an employer to deduct, as input tax, a certain percentage of an . .
CitedRegina v Smith (David Cadnam) HL 13-Dec-2001
Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The . .
CitedEdwards v Regina CACD 30-Nov-2004
The defendant appealed from a confiscation order. He was stopped attempting to import substantial quantities of tobacco. He said that since it had been taken at the port, he had not derived an benefit so as to allow an order.
Held: The appeal . .
CitedVarma, Regina v SC 10-Oct-2012
The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation.
Held: The appeal was . .

Cited by:
CitedNational Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, VAT, Human Rights

Updated: 08 January 2022; Ref: scu.556976

P, Re: Admn 21 Oct 2008

Application for the appointment of a management receiver under section 77 of the Criminal Justice Act 1988 in respect of certain property of Mr SMP, the defendant to these proceedings.

Mr C M G Ockelton,
(Sitting as a Deputy High Court Judge)
[2008] EWHC 3245 (Admin)
Bailii
England and Wales

Land, Criminal Sentencing

Updated: 08 January 2022; Ref: scu.426051

Sanam v National Crime Agency: CA 2 Dec 2015

‘This appeal concerns the competing rights of (1) the National Crime Agency (‘the NCA’) to obtain a civil recovery order (‘a CRO’) under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’) in respect of property derived from unlawful conduct and (2) a wholly innocent former wife of the criminal, who would be left without any assets if such an order was made, to resist such an order on the grounds that it would be contrary to her rights under Article 1 of the First Protocol (‘A1P1’) to the European Convention on Human Rights (‘the Convention’).’

Sir Terence Etherton Ch HC, Patten, Christopher Clarke LJJ
[2015] EWCA Civ 1234
Bailii
Proceeds of Crime Act 2002, European Convention on Human Rights A1P1
England and Wales

Family, Criminal Sentencing, Human Rights

Updated: 07 January 2022; Ref: scu.556267

Bristow v The Secretary of State for Justice and Another: CA 17 Nov 2015

The claimant had been setenced for offences committed in Thailand, and repatriated to serve his term in the UK. He now complained that his treatment had been worse than the potential early release dates available to those repatriated prisoners convicted of violent or sexual offending.

Lord Dyson MR, Davis, McCombe LJJ
[2015] EWCA Civ 1170
Bailii
England and Wales

Criminal Sentencing, Prisons, Human Rights

Updated: 06 January 2022; Ref: scu.554672

Attorney General’s Reference (Number 8 of 2004) (Dawson and Others): CANI 15 Apr 2005

Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient.
Held: Where a prosecutor was aware that a plea of guilty was being entered because a defendant expected to have a particular sentence passed (in that case a suspended sentence) and the prosecutor remained silent as to the inappropriateness of the proposed sentence, it may more readily be inferred that such silence contributed to the offender’s decision to plead guilty. The court reviewed earlier cases. ‘The effect of these decisions is inescapable. In all but the most exceptional cases those convicted, even on their plea of guilty, of offences of possession of drugs (be they class A or class B drugs) with intent to supply, should receive an immediate custodial sentence.’ These cases were not so exceptional. The attention of the trial judge should have been directed by counsel for the prosecution to the well-known authorities. The failure of the prosecution to inform the judge of those authorities or to make submissions as to their effect precludes the Attorney General from making application under section 36. The omission of counsel cannot be allowed to impede the proper functioning of that provision where justice demands that the sentence be reviewed. The failure to keep a verbatim note of what was said in chambers was to be deprecated.

Carswell LCJ
[2005] NICA 18
Bailii
Misuse of Drugs Act 1971 4(3)(b)
Northern Ireland
Citing:
CitedRegina v Aramah CACD 1982
In relation to major cases of importation of Class A drugs, the starting point for consignments exceeding 5 kilos assessed by reference to 100% purity rather than total weight, is a sentence of 14 years and upwards following conviction. In a passage . .
CitedRegina v Hogg and others CANI 1994
The court considered sentences for the importation of drugs: ‘1. Importation of drugs on a large scale is the most serious offence in this area, and is invariably to be visited with a substantial custodial sentence. We respectfully agree with the . .
CitedRegina v McIlwaine CANI 1998
The court dismissed an appeal against a sentence of four years imprisonment for possession of 9.88 kilos of cannabis resin with a street value of andpound;100,000: ‘So we return to the question-was this sentence manifestly excessive? We are . .
CitedAttorney General’s Reference (No 3 of 2003) (Rogan) CANI 2001
The court discussed the need to take notes of meetings in chambers between the judge and counsel. The court set out four principles to be applied: ‘1. There should be freedom of access for counsel to judges, but that does not mean freedom to discuss . .
CitedRegina v Hutton QBNI 1998
MacDermott LJ said: ‘The attitude of the courts in this jurisdiction to the offence of supplying proscribed drugs is well known (see the observation of the Lord Chief Justice in Haveron and a series of subsequent cases). In short the courts in this . .
CitedAttorney General’s Reference (No 3 of 2003) CACD 7-Apr-2004
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died.
Held: The trial took place before R -v- G which had overruled Caldwell. The . .
CitedAttorney General’s reference (No 11 of 2003) CANI 2003
For an offence of possession of approximately 1.5 kilograms of a class A drug, cocaine, with intent to supply, the court increased a sentence of eighteen months to three and a half years. But for the effect of double jeopardy, the sentence would . .
CitedAttorney General’s Reference (No 5 of 2003), Richard Herbert Crowe CANI 29-Sep-2003
Persons convicted of possession of drugs with intent to supply ‘must ordinarily expect a custodial sentence’, although the court did not interfere with the sentence imposed because of the exceptional nature of the case, . .
CitedAttorney-General’s Reference (No 4 of 1989) CACD 1990
The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it . .
CitedAttorney General’s Reference Nos 86 and 87 of 1999 CACD 2001
The Court considered authorities in relation to prosecution appeals against a sentence imposed by the judge where that judge had given an indication of the likely sentence: ‘. . we consider that where an indication is given by a trial judge as to . .
CitedAttorney General for Northern Ireland Reference No 3 of 2000 CANI 28-Jun-2001
The court considered the question of the propriety of section 36 applications (to increase a sentence) where an indication has been given by the judge of the likely sentence. . .
CitedAttorney General’s Reference (No 19 of 2004) (Charlton) CACD 2004
The sentencing judge had indicated in chambers to defence counsel, that he was minded not to impose a custodial sentence if a plea was entered to a mooted charge. Prosecuting counsel was present but did not contribute to the discussion although he . .
CitedAttorney General’s Reference (Nos 8, 9 and 10 of 2002) (Mohammed and others) CACD 2003
The problem of an Attorney General’s Reference against the background of a judicial indication that there might be some non-custodial disposal is one which has troubled this Court on a number of occasions in the past. . .
CitedAttorney General’s Reference No 4 of 1996 (Robinson) CACD 1997
When a judge has given an indication as to sentence, that does not preclude the Attorney General from bringing the matter before the Court of Appeal for it to consider whether or not the sentence was unduly lenient. However the indication given by . .
CitedAttorney General’s Reference No 17 of 1998 (Stokes) CACD 2-Oct-1998
The court considered the propriety of a reference of a sentence where the defendant had been given an indication of a likely sentence: ‘if it were the position that a legitimate expectation of a lenient sentence prior to a plea of guilty, was a . .

Cited by:
CitedRooney and Others, Re Attorney General’s Reference (Number 1 of 2005) CANI 11-Nov-2005
The defendants had been convicted or armed robbery. The Attorney General appealed against the sentences saying they were too lenient. Rooney argued that his plea of guilty had been after an indication by the judge and the reference was misguided. . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 January 2022; Ref: scu.224132

JR123, Re Application for Judicial Review: QBNI 1 Nov 2021

The applicant seeks judicial review challenging the legality of Article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (‘the 1978 Order’). The effect of this provision is to prevent his previous convictions from ever becoming ‘spent.’ He argues that the relevant provision is incompatible with his right to private and family life under Article 8 of the European Convention on Human Rights (‘ECHR’). By these proceedings he seeks to have the impugned legislation struck down as incompatible with his Article 8 rights along with declaratory relief. The applicant is supported in this case, to include financial support, by the Northern Ireland Human Rights Commission.

Colton J
[2021] NIQB 97
Bailii
Rehabilitation of Offenders (Northern Ireland) Order 1978 6(1), European Convention on Human Rights
Northern Ireland

Police, Human Rights, Criminal Sentencing

Updated: 06 January 2022; Ref: scu.670941

Boodram (also known as Chadee) and Others v Baptiste (Commissioner of Prisons) and Others: PC 26 May 1999

(Trinidad and Tobago) Where hanging was the only means for the carrying out of the death penalty, it was a lawful method of execution, and not necessarily cruel and unusual, despite evidence of the suffering caused by the process. A rule in the constitution preventing such punishment was disapplied because the procedure was already in existence when the constitution was passed, and the constitutoin preserved existing punishments.

Times 01-Jun-1999, [1999] UKPC 30, [1999] UKPC 29
Bailii, Bailii, PC, PC, PC, PC, PC, PC
England and Wales

Criminal Sentencing, Human Rights

Updated: 05 January 2022; Ref: scu.174610

ZTR, Regina v: CACD 25 Aug 2015

The appellant had been convicted for murder. Whilst serving as a prisoner he provided substantial assistance to the police in solving other crimes. The court was now asked as to the extent to which such assistance ater conviction might allow reduction of the tarriff sentence imposed.
Held: The well established common law principles should not be displaced. Nor did the Parole Board have power to reduce the minimum term. The applicant’s only remaining choice was to petition the Home Secretary under section 30 of the 1997 Act.

Lord Dyson LCJ, Saunders, Edis JJ
[2015] EWCA Crim 1427, [2016] 1 Cr App R (S) 15
Bailii
Serious Organised Crime and Police Act 2005, Criminal Justice Act 1997 30
England and Wales
Cited by:
CitedAXN v The Queen CACD 27-May-2016
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 03 January 2022; Ref: scu.551705

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

Bergin, Regina v: CACD 4 Jun 2014

Appeals against sentences totalling 3 years’ imprisonment, imposed following his earlier pleas of guilty at the plea and case management hearing to two related offences, one of producing a controlled drug of Class B, that is cannabis, and the other of possession of cannabis with intent to supply.

[2014] EWCA Crim 1228
Bailii
England and Wales

Criminal Sentencing

Updated: 03 January 2022; Ref: scu.533797

Watson v Regina: PC 7 Jul 2004

(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was unconstitutional, being inhuman treatment.
Held: The imposition of the mandatory death sentence on the appellant subjected him to an inhuman punishment. Since the the provision had been repealed and re-instated, it was not pre-existing law and was not saved by the new constitution: ‘So long as these laws remained untouched, they did not have to be scrutinised. But as soon as they were changed, adapted or modified in any respect, except in the circumstances referred to in paragraphs (a) and (b) of section 26(9), they had to comply with the requirements of Chapter III.’ The results might be different for different constitutions.

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr. Justice Edward Zacca
[2004] UKPC 34, Times 14-Jul-2004, [2005] 1 AC 472
Bailii, PC, PC
England and Wales
Citing:
CitedReyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .
CitedBerthill Fox v Regina (No 2) PC 11-Mar-2002
(Saint Christopher and Nevis) The appellant had been convicted of murder, for which the penalty was death. He claimed that the sentence was an infringement of his constitutional and human rights. The constitution declared that it prevailed over all . .
CitedRegina v Hughes PC 11-Mar-2002
(Saint Lucia) Having been convicted of murder, the defendant was made subject to the mandatory death penalty applied under St Lucia law. He appealed successfully on the basis that the constitution of St Lucia protected him from inhuman or degrading . .
CitedOng Ah Chuan v The Public Prosecutor PC 1980
(Singapore) It was asked whether the mandatory death sentence for trafficking in more than 15 grammes of heroin was unconstitutional. The appellant submitted that the mandatory nature of the sentence rendered it arbitrary, since it debarred the . .
CitedRegina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
CitedDirector of Public Prosecutions v Nasralla PC 1967
(Jamaica) The constitution provided that no person tried for a criminal offence and either convicted or acquitted should again be tried for that offence. It was asked whether this was to be treated as declaring the common law or as expressing the . .
CitedMatthew vThe State PC 7-Jul-2004
(Trinidad and Tobago) The court questioned the constitutionality of the mandatory death penalty in Trinidad.
Held: The constitution of Trinidad, when implemented, forbade cruel and unusual punishment, but also preserved existing penalties. The . .
CitedBoyce and Joseph v Regina PC 7-Jul-2004
(Barbados) The appellants challenged the constitutionality of the death penalty in Barbados.
Held: The new constitution banned treatment which was inhuman or degrading, but preserved existing penalties. The mandatory death sentence remained in . .

Cited by:
CitedDavid Gordon v The Queen PC 15-Dec-2005
PC (Jamaica) The defendant appealed his conviction for capital murder whilst in the course of committing a sexual offence.
Held: There had been weaknesses in the direction on joint enterprise, but the . .
CitedEvon Smith v The Queen PC 14-Nov-2005
PC (Jamaica) The Board was asked whether the offence was a capital murder. The murder was committed in the course of a burglary. The defendant had stood on a ladder and reached in through a window and attacked . .
CitedEbanks (Jurt) v The Queen PC 16-Feb-2006
(Jamaica) The defendant appealed against his conviction for murder saying that identification evidence had been wrongly admitted and also if that appeal failed against the sentence of death. Though the witness knew the defendant, an identification . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Sentencing, Constitutional

Updated: 03 January 2022; Ref: scu.198647

Salih, Regina v: CACD 2 Apr 2020

The point of principle in issue on this sentence application is whether a micro SD card smuggled into prison should be categorised as a class B or class C article when it meets the definition for both class B and class C. The difference between the two is of significance because for class B the maximum sentence is 24 months’ imprisonment, whereas for class C the maximum sentence is a fine of Level 3.

[2020] EWCA Crim 658
Bailii
England and Wales

Criminal Sentencing

Updated: 03 January 2022; Ref: scu.654502

Henfield v The Attorney General of the Commonwealth of The Bahamas (Appeal No 26 of 1996) and Farrington v The Attorney General of the Commonwealth of The Bahamas: PC 14 Oct 1996

(The Bahamas) A delay in carrying out an execution for 3.5 years, where the target delay had been set at 2 years, was inhuman treatment, and the execution should be set aside. The essential question in Pratt was whether the execution of a man following long delay after his sentence to death can amount to inhuman punishment contrary to Article 17(1).

Times 18-Oct-1996, [1996] UKPC 36, [1997] AC 413, Appeal No 26 of 1996 and Appeal No 37 of 1996, [1996] UKPC 4
PC, Bailii, Bailii, PC
England and Wales
Citing:
Cited inTrevor Nathaniel Fisher v The Minister of Public Safety and Immigration and Others (No 2) PC 5-Oct-1998
PC (The Bahamas) The applicant had been convicted of murder and sentenced to death. His case was pending before the Inter-American Commission on Human Rights. He appealed a second time to the board, saying the . .
CitedPratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .

Cited by:
CitedTrevor Nathaniel Fisher v The Minister of Public Safety and Immigration and Others (No 2) PC 5-Oct-1998
PC (The Bahamas) The applicant had been convicted of murder and sentenced to death. His case was pending before the Inter-American Commission on Human Rights. He appealed a second time to the board, saying the . .
CitedTrevor Nathaniel Fisher v The Minister of Public Safety and Immigration and Others PC 16-Dec-1997
(The Bahamas) The extent of a delay before a trial is not relevant when considering whether a subsequent delay in carrying out an execution is cruel and inhuman punishment . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 03 January 2022; Ref: scu.174578

Regina v Accrington Youth Court Governor of HM Prison Risley Secretary of State for Home Department ex parte Flood: Admn 22 Aug 1997

The Policy of allowing youths to be held in adult prisons for assessment purposes immdiately after conviction was unlawful.

Times 10-Oct-1997, Gazette 01-Oct-1997, [1997] EWHC Admin 783
Criminal Justice Act 1982 1C(1)
England and Wales

Criminal Sentencing, Prisons

Updated: 03 January 2022; Ref: scu.137728

The Serious Fraud Office v Saleh: QBD 21 Jul 2015

Application by the Respondent to discharge a property freezing order.
Held: Where a Canadian court had ordered the restoration of shares to their owner in consequence of the abandonment of forfeiture proceedings by the Canadian prosecuting authority, the appropriate prosecuting authority here was not thereby prevented from commencing proceedings against the proceeds of sale of those same shares where they were located within the United Kingdom.

Andrews DBE J
[2015] EWHC 2119 (QB), [2015] WLR(D) 368, [2015] Lloyd’s Rep FC 62
Bailii, WLRD
Proceeds of Crime Act 2002
England and Wales

Criminal Sentencing, International

Updated: 02 January 2022; Ref: scu.550578