Category: Crime

Regina v Hussain: CACD 1969

The only mens rea necessary for proof of any offence of importing drugs was the knowledge that the goods were subject to a prohibition on importation. The accused must know ‘that what is on foot is the evasion of a prohibition against importation and he knowingly takes part in that operation . . even if he does not know precisely what kind of goods are being imported. It is, of course, essential that he should know that the goods which are being imported are goods subject to a prohibition. It is essential he should know that the operation with which he is concerning himself is an operation designed to evade that prohibition and evade it fraudulently’.

Judges:

Lord Widgery LJ

Citations:

[1969] 2 QB 567, [1969] 3 WLR 134, [1969] 2 All ER 1117

Statutes:

Dangerous Drugs Act 1965

Jurisdiction:

England and Wales

Cited by:

Approved – Regina v Forbes (Giles) HL 20-Jul-2001
The defendant had been convicted of evading a prohibition on importing articles of an obscene or indecent nature. He had been unaware of whether the articles were indecent images of children, or otherwise obscene images. Since the provisions which . .
Cited – Regina v Shivpuri HL 15-May-1986
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
Cited – Regina v Bett CACD 12-Oct-1998
A conviction under section 8(b) for permitting premises to be used for the supply of controlled drugs was correct without evidence of knowledge of the particular drug supplied even though particular drugs were named in the indictments. The section . .
Approved – Regina v Taaffe HL 1984
For the purpose of section 170(2) of the 1979 Act a defendant must be judged on the facts as he believed them to be, such matter being an integral part of the inquiry as to whether he was knowingly concerned in a fraudulent evasion of a prohibition . .
Cited – Regina v Taaffe CACD 1983
The defendant appealed a conviction for having been knowingly concerned in the fraudulent evasion of the prohibition on the importation of cannabis resin. He said he had done so at the request of a someone but that he believed the substance to be . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 August 2022; Ref: scu.181226

Secretary of State for the Home Department v AS: Admn 21 Oct 2009

The claimant was subject to a control order under the 2005 Act. The court was asked whether it could properly continue without him having sufficient knowledge of the allegations and evidence to be able to defend himself.

Judges:

Collins J

Citations:

[2009] EWHC 2564 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 2(1)

Jurisdiction:

England and Wales

Crime, Human Rights

Updated: 04 August 2022; Ref: scu.376218

Swindon Borough Council v Redpath: CA 11 Sep 2009

The defendant appealed against the issuing of an anti-social behaviour order for ‘housing-related conduct’ where the conduct alleged had no connection with council tenants or property.
Held: The appeal failed. ‘Housing-related’ meant ‘directly or indirectly relating to or affecting the housing management functions of a relevant landlord’. The defendant was a former council tenant, his conduct was required to be looked at as a whole, and there was in this case a sufficiet nexus to allow the making of an order. The 2006 Act had considerably widened the scope for such orders and amounted to a fundamental reworking of the anti-social behaviour order system.

Judges:

Lord Justice Rix, Lord Neuberger of Abbotsbury and Lord Justice Carnwath

Citations:

[2009] EWCA Civ 943, [2010] PTSR 904

Links:

Times, Bailii

Statutes:

Housing Act 1996 153A(1), Police and Justice Act 2006 26

Jurisdiction:

England and Wales

Cited by:

Cited – Birmingham City Council v James and Another CA 17-May-2013
The appellant challenged an injunction under the 2009 Act excluding him from parts of Birmingham. He said that it prevented him visiting his mother.
Held: The appeal failed. Moore-Bick LJ said: ‘It was for the judge to decide on the basis of . .
Lists of cited by and citing cases may be incomplete.

Crime, Housing

Updated: 04 August 2022; Ref: scu.374698

Regina v Asfaw: CACD 21 Mar 2006

The defendant, an Ethiopian arrived in the UK on a forged passport. She came through immigration control at Heathrow, but then on the same day sought to leave to fly to the US. At that point she was arrested. She now appealed her conviction for attempting to obtain service by deception.

Citations:

[2006] EWCA Crim 707, [2006] Crim LR 906

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Fregenet Asfaw HL 21-May-2008
The House considered the point of law: ‘If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 04 August 2022; Ref: scu.267966

Lane and Another, Regina v: SC 11 Jul 2018

The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the accused must actually suspect, and for reasonable cause, that the money may be used for the purposes of terrorism? Or is it sufficient that on the information known to him there exists, assessed objectively, reasonable cause to suspect that that may be the use to which it is put?’
Held: The defendants’ appeal failed. Parliament had deliberately chosen to widen the scope of the offence on its re-enactment: ‘to include those who had, objectively assessed, reasonable cause to suspect that the money might be put to terrorist use, as well as those who intended that it should be, or knew that it would be. In particular, the change in the definition of the offence which is now section 17 of the Terrorism Act 2000, and here under question, is a change from ‘knows or suspects’ to ‘knows or has reasonable cause to suspect’. That change can only have been intended to remove the requirement for proof of actual suspicion. It is not open to the court to ignore this kind of clear Parliamentary decision.’
However: ‘it would be an error to suppose that the form of offence-creating words adopted by Parliament result in an offence of strict liability. It is certainly true that because objectively-assessed reasonable cause for suspicion is sufficient, an accused can commit this offence without knowledge or actual suspicion that the money might be used for terrorist purposes. But the accused’s state of mind is not, as it is in offences which are truly of strict liability, irrelevant. The requirement that there exist objectively assessed cause for suspicion focuses attention on what information the accused had. As the Crown agreed before this court, that requirement is satisfied when, on the information available to the accused, a reasonable person would (not might or could) suspect that the money might be used for terrorism. The state of mind of such a person is, whilst clearly less culpable than that of a person who knows that the money may be used for that purpose, not accurately described as in no way blameworthy. It was for Parliament to decide whether the gravity of the threat of terrorism justified attaching criminal responsibility to such a person, but it was clearly entitled to conclude that it did. It is normal, not unusual, for a single offence to be committed by persons exhibiting different levels of culpability. The difference in culpability can, absent other aggravating features of the case, be expected to be reflected in any sentence imposed if conviction results.’

Judges:

Baroness Hale of Richmond PSC, Lord Burnett LCJ, Lord Hughes, Lord Hodge JJSC, Lord Mance

Citations:

[2018] UKSC 36, [2018] Lloyd’s Rep FC 438, [2018] 1 WLR 3647, [2018] 2 Cr App R 35, [2018] WLR(D) 442, UKSC 2017/0080, SC 180419am Video

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary

Statutes:

Terrorism Act 2000 17

Jurisdiction:

England and Wales

Citing:

Cited – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
Cited – Taylor, Regina v SC 3-Feb-2016
No Liability Extension on Taking Without Consent
Appeal by leave of the Court of Appeal on a point of law arising in the course of the trial of the appellant for aggravated vehicle taking, contrary to section 12A of the Theft Act 1968. The defendant had taken a vehicle without the owner’s consent, . .
Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Cited – Brown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Cited – Hughes, Regina v SC 31-Jul-2013
Uninsured Driver Not Guilty of Causing Death
The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 August 2022; Ref: scu.619946

Riding, Regina v: CACD 7 Apr 2009

Appeal from conviction under the 1883 Act – that the judge was wrong to hold that the reverse onus placed on a defendant by section 4 in relation to a defence of lawful object was a legal rather than an evidential onus; and that the judge was wrong to hold that it could not be a lawful object to make the pipe bomb that he did out of no more than curiosity to see whether he could do it.

Judges:

The Vice President
(Lord Justice Hughes)
Mr Justice King
His Honour Judge Radford
(Sitting as a Judge of the Cacd)

Citations:

[2009] EWCA Crim 892, [2010] 1 Cr App Rep (S) 7

Links:

Bailii

Statutes:

Explosive Substances Act 1883 4

Jurisdiction:

England and Wales

Cited by:

Cited – Copeland, Regina v SC 11-Mar-2020
The Court was asked whether under the 1883 Act: for the purposes of section 4(1) can personal experimentation or own private education, absent some ulterior unlawful purpose, be regarded as a lawful object? The defendant, a young man on the autistic . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 August 2022; Ref: scu.396425

Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life.

Judges:

Mitting J Ch, Lane SIJ

Citations:

[2009] UKSIAC 66/2008

Links:

Bailii

Statutes:

European Convention on Human Rights 8, British Nationality Act 1981 40

Citing:

See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant . .
At CA – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
At HL – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
At SIAC (1) – Al-Jedda v Secretary of State for the Home Department SIAC 23-May-2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the . .
At SIAC (2) – Al-Jedda v Secretary of State for the Home Department SIAC 22-Oct-2008
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal . .
At ECHR (1) – Al-Jedda v The United Kingdom ECHR 2-Mar-2009
The claimant, an Iraqi and British national complained of his arrest and internment on suspicion of terrorist involvement. . .
See Also – Al-Jedda v Secretary of State for Defence QBD 5-Mar-2009
The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. . .
At CA – Al-Jedda v Secretary of State for The Home Department CA 29-Mar-2012
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. . .
At SIAC (3) – Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ) SIAC 7-Feb-2014
Order . .
At SIAC – Hilal Al-Jedda v Secretary of State for The Home Department SIAC 26-Nov-2010
Deprivation of Citizenship – Substantive – Dismissed . .
At ECHR (2) – Al-Jedda v United Kingdom ECHR 7-Jul-2011
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required.
The court described its role in settling awards of . .

Cited by:

At SIAC (3) – Al-Jedda v Secretary of State for The Home Department CA 12-Mar-2010
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. . .
At SIAC (3) – Al-Jedda v Secretary of State for Defence CA 8-Jul-2010
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. . .
At SIAC (3) – Hilal Al-Jedda v Secretary of State for The Home Department SIAC 26-Nov-2010
Deprivation of Citizenship – Substantive – Dismissed . .
At SIAC (3) – Al-Jedda v United Kingdom ECHR 7-Jul-2011
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required.
The court described its role in settling awards of . .
At SIAC (3) – Al-Jedda v Secretary of State for The Home Department CA 29-Mar-2012
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. . .
See Also – Secretary of State for The Home Department v Al-Jedda SC 9-Oct-2013
The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that . .
At SIAC – Hilal Al-Jedda SIAC 18-Jul-2014
lSIAC Deprivation of Citizenship : Preliminary Issue . .
Lists of cited by and citing cases may be incomplete.

Immigration, Crime, Human Rights

Updated: 03 August 2022; Ref: scu.373720

Mack v Lockwood and Others: ChD 19 Jun 2009

The claimant had been convicted of the manslaughter of his wife. He now applied for relief agsinst forfeiture of his share of her estate. He was elderly and had suffered some mental impairment after a stroke, which might have led him to misjudge his wife’s attack on him and to overreact.
Held: ‘it is not helpful to attach to these tragic events the labels used in the criminal courts to describe full or partial defences to murder. However, if this was not murder, an ordinary member of the public would no doubt regard what Mr Mack did as being so close to it as to make no difference in terms of his culpability. ‘ The murder was brutal, and it was not a case where the application of the rule would either confer an undeserved benefit to a third party, or leave the claimant in poverty. The application was refused.

Judges:

Geraldine Andrews QC J

Citations:

[2009] EWHC 1524 (Ch)

Links:

Bailii

Statutes:

Forfeiture Act 1982

Jurisdiction:

England and Wales

Citing:

Cited – Land v Land; In re Land, deceased ChD 13-Jul-2006
The claimant had cared for his elderly mother who ‘shunned any type of ‘officialdom’ including doctors and home helps.’ However, the claimant so neglected her that she suffered severe bed sores which had become infected in consequence of her lying . .
Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .
Cited – Regina v Chief National Insurance Commissioner Ex Parte Connor QBD 1981
The court was asked whether the rule against forfeiture applied so as to disentitle an applicant from receiving a widow’s allowance when she had killed her husband with a knife. She had been held guilty of manslaughter but simply placed on . .
Cited – In Re K (Deceased) CA 1986
The wife who had been subjected to years of abuse shot her violent husband dead in the course of an argument, when a loaded shotgun she had picked up and pointed at him as a threat to deter him from offering her further violence went off . .
Cited – Re H (Deceased) 1990
The Plaintiff had stabbed his wife to death while acting under a delusion induced by a reaction to a drug that he had been prescribed.
Held: Public policy did not require in every case of the manslaughter of a spouse that the forfeiture rule . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Crime

Updated: 03 August 2022; Ref: scu.347453

Ruth Ellis v Regina: CACD 8 Dec 2003

In 1955, the deceased defendant was convicted of murder, and later hanged. The court considerd a post mortem appeal by the CRCC and her family. It was suggested that she should have been found guilty of manslaughter having been provoked by the victim.
Held: There was no dispute that Mrs Ellis had taken the gun and shot the deceased. The judge rules there was no evidence sufficient for a reasonable jury to conclude that she was provoked to a loss of self control. The court had to apply the substantive law of murder as applicable at the time, disregarding later changes. One of the changes to which he expressly referred was the provision of the defence of diminished responsibility. That was not applicable at the time, and the decision was correct.

Judges:

Mr Justice Silber Lord Justice Kay Mr Justice Leveson

Citations:

[2003] EWCA Crim 3556

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Quoted – Holmes v Director of Public Prosecutions HL 1946
Viscount Simon LC said: ‘as society advances, it ought to call for a higher measure of self-control in a defendant. And with regard to the defence of provocation to a charge of murder: ‘Consequently, where the provocation inspires an actual . .
Cited – Lee Chun-Chuen v The Queen PC 1963
Their Lordships explained the meaning of the words of Viscount Salmon in Holmes: ‘It is plain that Viscount Simon must have meant the word ‘actual’ to have a limiting effect and that he had in mind some particular category of intention. He cannot . .
Cited – Holmes v Director of Public Prosecutions HL 1946
Viscount Simon LC said: ‘as society advances, it ought to call for a higher measure of self-control in a defendant. And with regard to the defence of provocation to a charge of murder: ‘Consequently, where the provocation inspires an actual . .
Cited – Attorney General for Ceylon v Kumarasinhege PC 1953
The Board discussed the reduction to manslaughter of a charge of murder where provocation was alleged: ‘But as the Court of Criminal Appeal set out in their judgment what they conceived to be the English law relating to manslaughter their Lordships . .
Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Followed – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Cited – Regina (Director of Public Prosecutions) v Camplin HL 1978
The court considered the direction to be given as to the existence of provocation so as to reduce a charge of murder to one of manslaughter. The reasonable man in the definition should be one with the defendant’s mental condition. ‘The judge should . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 August 2022; Ref: scu.188639

Her Majesty’s Advocate v Coulson: HCJ 1 Jun 2015

Note. The accused faced a charge of perjury. In an earlier trial, itself for perjury, the defender (the first defender), acting without legal representation had called the now accused to give evidence as to whether accused, as editor of the News of the World, had known that his staff were hacking the first defender’s telephones. The accused had denied it. The Crown now alleged that this denial was false, and charged him with perjury. He argued that the claim was irrelevant because any perjury was not as to an issue central to the case or as to ceridibility.
Held: Despite holding an evidential hearing for the purpose, the crown had quite failed to bring evidence as to the relevance of the charge.

Judges:

Lord Noble

Links:

Scot Courts

Jurisdiction:

Scotland

Citing:

Cited – Lord Advocate’s Reference (No 1 of 1985) HCJ 1986
The Court a claim as to the relevancy of an indictment of perjury.
Held:
Lord Justice General Emslie said: ‘All that is required is that it should be clearly understood that a charge of perjury will not lie unless the evidence alleged to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 August 2022; Ref: scu.547554

Her Majesty’s Advocate v Coulson: HCJ 3 Jun 2015

Judges:

Lord Burns

Citations:

[2015] ScotHC HCJ – 49, 2015 SCCR 219, 2015 GWD 20-336, 2015 SLT 438, 2015 SCL 588

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 August 2022; Ref: scu.552277

Regina v Hills: CACD 20 Dec 2000

The Act could apply to acts which were directed toward a non-stranger, such as an estranged spouse. In considering whether a ‘course of conduct’ was established, the court should consider the case law, and assess the distance between incidents. In this case, of the parties had been reconciled, and charges of assault would have been more appropriate.

Citations:

Times 20-Dec-2000

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Citing:

Cited – Lau v Director of Public Prosecutions QBD 29-Mar-2000
Two alleged incidents might be sufficient to be seen as a course of conduct and found an allegation of harassment under the Act, but any distance in time between them might suggest that they could not be seen as one course of conduct. Here a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 August 2022; Ref: scu.88504

Regina v H (reasonable Chastisement): CACD 17 May 2001

The defence of reasonable chastisement of a child by his parent remained available despite the Human Rights Act. When directing the jury the judge must give a detailed direction requesting them to consider the nature duration and context of the act, the physical and mental consequences to the child, the age and personal characteristics of the child, and the reasons given for administering the punishment. Standards of reasonableness had changed over time, and there is no impropriety in a judge allowing for this in his directions to the jury.

Citations:

Times 17-May-2001

Jurisdiction:

England and Wales

Crime, Human Rights, Children

Updated: 03 August 2022; Ref: scu.88488

Sultan v Regina: CACD 23 Jan 2008

The court gave its reasons for allowing the defendant’s appeal against his conviction for rape. New psychological evidence as to his condition at the time had revealed a morbid jealousy and Asperger’s Syndrome, and was liable to misunderstand in real time the signs and even straightforward indications of those with whom he comes into contact.

Judges:

Rix LJ, Swift, Teare JJ

Citations:

[2008] EWCA Crim 6

Links:

Bailii

Statutes:

Criminal Appeal Act 1968 23

Jurisdiction:

England and Wales

Crime

Updated: 03 August 2022; Ref: scu.263811

Bashir, Regina v: CACD 3 Nov 2011

B appealed against his conviction for causing actual bodily harm in an assault on his wife. She had made a complaint of assault, but had then withdrawn her evidence before the trial.

Judges:

Lord Judge LCJ, Butterfield, Henriques JJ

Citations:

[2011] EWCA Crim 2763

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 31 July 2022; Ref: scu.449739

The Cheng Poh Alias Char Mer v The Public Prosecutor of Malaysia: PC 11 Dec 1978

(Malaysia)

Citations:

[1978] UKPC 32, [1979] Crim LR 180, [1979] 2 WLR 623, [1980] AC 458

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 July 2022; Ref: scu.443358

Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission: HCJ 25 Apr 2012

Citations:

[2012] ScotHC HCJAC – 120, 2013 SCCR 295

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Gordon, Re Judicial Review SCS 24-Jan-2013
Judicial Review of a decision of the Scottish Criminal Cases Review Commission not to refer his case to the High Court in terms of section 194B of the Criminal Procedure (Scotland) Act 1995.
Held: The application was refused.
As to the . .
Cited – Gordon v Scottish Criminal Cases Review Commission (Scotland) SC 22-Mar-2017
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had . .
See Also – Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission HCJ 15-Aug-2012
. .
See Also – Chamberlain-Davidson v Her Majesty’s Advocate HCJ 5-Feb-2013
The appellant had told the police at interview that he had met the complainer in the street, had said hello, and had grabbed her wrists when she started to scream. The latter admission was the only corroboration of the complaint of assault. He . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 July 2022; Ref: scu.464705

Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission: HCJ 15 Aug 2012

Citations:

[2012] ScotHC HCJAC – 122

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission HCJ 25-Apr-2012
. .

Cited by:

See Also – Chamberlain-Davidson v Her Majesty’s Advocate HCJ 5-Feb-2013
The appellant had told the police at interview that he had met the complainer in the street, had said hello, and had grabbed her wrists when she started to scream. The latter admission was the only corroboration of the complaint of assault. He . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 July 2022; Ref: scu.464711

Regina v Swan Hunter Shipbuilders Ltd: CA 1982

The defendants did not warn a contractor’s workmen of the risk of fire from an oxygen-enriched atmosphere. As a result, one of them accidentally started a fire in which eight employees died.
Held: The employers were convicted under section 2(1). The duty under that section includes an obligation to take such steps as are reasonably practicable to safeguard employees from being injured by the activities of contractors and their employees

Judges:

Dunn LJ

Citations:

[1982] 1 All E R 264

Statutes:

Health and Safety at Work etc. Act 1974 291)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Associated Octel Ltd HL 14-Nov-1996
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Crime

Updated: 31 July 2022; Ref: scu.184756

Regina v Tan: CA 1983

Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble applicants, TV, CP, BD and rubber wear.’
Held: The court upheld convictions which were dependent on Gloria Greaves, a post-operative male to female transsexual, still being in law a man, despite having undergone treatment to make him a female trans-sexual. The court rejected a submission that if a person had become philosophically or psychologically or socially female, that person should be held not to be a man. Parker J said: ‘In our judgment both common sense and desirability of certainty and consistency demand that the decision in Corbett v Corbett should apply for the purpose not only of marriage, but also for a charge under Section 30 of the Sexual Offences Act 1956 or Section 5 of the Sexual Offences Act 1967.’
Before a conviction the jury had to be satisfied that the services provided were open to members of the public who wished to partake of them, and were ‘of such a character and conducted in such a manner (whether by advertisement or otherwise) that their provision amounts to an outrage of public decency, or is otherwise calculated to injure the public interest to such an extent as to call for condemnation and punishment’. The provision of what was described as ‘straightforward sexual intercourse’ would not be sufficient to constitute the offence.

Judges:

May LJ and Parker and Staughton JJ

Citations:

[1983] QB 1053

Jurisdiction:

England and Wales

Citing:

Applied – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .

Cited by:

Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Cited – Bellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
Cited – Court, Regina v CACD 9-Feb-2012
The defendants appealed against their convictions under common law for keeping a disorderly house. They were landlords using an agreement requiring the tenant not to be used for immoral purposes. There was evidence of limited sexual activity. Only . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 July 2022; Ref: scu.180987

Holland, Regina v: Misc 7 Apr 1841

Indictment for murder. The prisoner was charged with inflicting divers mortal blows and wounds upon Thomas Garland, and (amongst others) a cut upon one of his fingers.
It appeared by the evidence that the deceased had been waylaid and assaulted by the prisoner, and that, amongst other wounds, he was severely cut across one of his fingers by an iron instrument. On being brought to the infirmary, the surgeon urged him to submit to the amputation of the finger, telling him, unless it were amputated, he considered that his life would be in great hazard. The deceased refused to allow the finger to be amputated. It was thereupon dressed by the surgeon, and the deceased attended at the infirmary from day to day to have his wounds dressed; at the end of a fortnight, however, lock-jaw came on, induced by the wound on the finger; the finger was then amputated, but too late, and the lockjaw ultimately caused death. The surgeon deposed, that it the finger had been amputated in the first instance, he thought it most probable that the life of the deceased would have been preserved.
For the prisoner, it was contended that the cause of death was not the wound inflicted by the prisoner, but the obstinate refusal of the deceased to submit to proper surgical treatment, by which the fatal result would, according to the evidence, have been prevented.
Maule J., however, was clearly of opinion that this was no defence, and told the jury that if the prisoner wilfully, and without any justifiable cause, inflicted the wound on the party, which wound was ultimately the cause of death, the prisoner was guilty of murder; that for this purpose it made no difference whether the wound was in its own nature instantly mortal, or whether it became the cause of death by reason of the deceased not having adopted the best mode of treatment; the real question is, whether in the end the wound inflicted by the prisoner was the cause of death?
Guilty.

Judges:

Maule J

Citations:

[1841] EWHC QB J103, [1841] EngR 481, (1841) 2 M and Rob 351, (1841) 174 ER 313, [1841] EW Misc J91

Links:

Bailii, Commonlii, Bailii

Crime

Updated: 30 July 2022; Ref: scu.372708

Regina v Fazal: CACD 9 Jun 2009

The defendant appealed against his convictions for converting the proceeds of crime. He had allowed money taken in fraud by another to be paid through his bank account. He denied he had any knowledge of the fact that they were criminal proceeds and he had not himself been involved in any conversion.
Held: The appeal failed. The fact that the person paying the money in was converting the sums received did not mean that the person whose account was being used was not also converting the money.

Judges:

Rix LJ, Griffith Williams J

Citations:

Times 26-Jun-2009, [2009] EWCA Crim 1697, [2010] 1 Cr App Rep 6, [2010] Crim LR 309, [2009] Lloyd’s Rep FC 626, [2010] 1 WLR 694

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 327(1)

Jurisdiction:

England and Wales

Crime

Updated: 30 July 2022; Ref: scu.371868

Barlow v the Queen: PC 8 Jul 2009

(New Zealand) – Appeal against rejection of appeal against conviction for murder – admission of new evidence.

Judges:

Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Neuberger of Abbotsbury, Sir Christopher Rose

Citations:

[2009] UKPC 30

Links:

Bailii

Commonwealth, Crime

Updated: 30 July 2022; Ref: scu.349078

AR v Secretary of State for the Home Department: Admn 15 Jul 2009

The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the 2005 Act.
Held: The organisation of which the applicant was a member might soon enter into a settlement with the Libyan Government which event may be supported by the applicant allowing a relaxation of his conditions. Until then the controls were to be tested under established conditions. Applying those some could by relaxed, but others were rational and proportionate and must remain.

Judges:

Mitting J

Citations:

[2009] EWHC 1736 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 10(3)

Citing:

Cited – Secretary of State for the Home Department v MB CA 1-Aug-2006
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3.
Held: The appeal succeeded. . .
Cited – Secretary of State for the Home Department v AV Admn 30-Apr-2009
. .
See Also – Secretary of State for the Home Department v AR Admn 19-Dec-2008
. .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 30 July 2022; Ref: scu.347758

Downer, Regina v: CACD 6 Jul 2009

The defendant appealed his conviction for aggravated burglary. He complained that evidence of his co-accuseds’ please of guilty had been admitted even though the factual basis of those please differed from the prosecution case aganst him.
Held: The appeal was allowed. The co-defendants admitted only finding the weapons at issue in the flat they burgled. The prosecution alleged against the defendant that he brought them with him. A direction to the jury would be unable safely to remove the risk of confusion and unfairness.

Judges:

Lord Justice Scott Baker, Mr Justice King and Judge Moss, QC

Citations:

[2009] EWCA Crim 1361, Times 26-Aug-2009

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Crime

Updated: 30 July 2022; Ref: scu.347431

Buckley, Regina v: CACD 13 May 2009

The appellant had faced trial at the Crown Court for the aggravated offence under section 3 of the 1991 Act, but had pleaded guilty to the lesser offence under section 4.
Held: The appeal was allowed. The section 4 offence was a summary only offence, and the Crown Court had acted in excess of jurisdiction.

Judges:

Hooper, Etherton LJJ, Cranston J

Citations:

[2009] EWCA Crim 1178

Links:

Bailii

Statutes:

Dangerous Dogs Act 1991

Jurisdiction:

England and Wales

Cited by:

Applied – Regina v Williams CACD 23-Jun-2011
The defendant appealed against his conviction. He had been tried at the Crown Court for being in charge of a dog which caused injury whilst dangerously out of control. In being found not guilty of that offence, he had been convicted of a lesser . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 July 2022; Ref: scu.347428

Wilkinson, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Jun 2006

The defendant sought judicial review of the decision to charge him under the Act for being in possession of a stolen motor-cycle. He said he had been over-charged.
Held: Unlike a conviction for handling stolen goods, the offence under the 2002 Act did not require the defendant to know that the object was stolen. ‘if this case had come before me sitting in the Crown Court, I would have taken precisely that course, encouraging the Crown Prosecution Service to substitute a charge of handling stolen goods. But encouragement is where it would stop. It is ultimately a matter for them. Notwithstanding the obvious wider intention of the 2002 legislation it cannot be said that the conduct sought to be attributed to the claimant does not fall within section 329.’

Citations:

[2006] EWHC 3012 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 329(1)(c)

Jurisdiction:

England and Wales

Cited by:

Cited – GH, Regina v SC 22-Apr-2015
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 July 2022; Ref: scu.246747

Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 23 Aug 2013

‘This case concerns the exercise of the extensive powers under Schedule 7 to the Terrorism Act 2000 and the detention of material in the possession of a person assisting a journalist and possibly identifying journalistic sources. The protection of journalistic sources has been stated to be of vital importance to press freedom, both in our domestic law and in the Strasbourg court: see, for example, Section 10 of the Contempt of Court Act 1981 and the decisions of this court’

Judges:

Beatson LJ, Kenneth Parker J

Citations:

[2013] EWHC 2609 (Admin)

Links:

Bailii

Statutes:

Terrorism Act 2000, Contempt of Court Act 1981 10

Jurisdiction:

England and Wales

Cited by:

Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Crime

Updated: 30 July 2022; Ref: scu.514946

Attorney-General’s Reference (No 1 of 1991): CACD 16 Jun 1992

cw Crime – Computer misuse – Unauthorised access – Person using one computer to obtain from it unauthorised benefit – Whether unauthorised use of single computer within statute – ‘Access to any program or data held in any computer.
The defendant was accused of misusing computer access to put himself in a position to carry out a fraud. The judge held that the section required more than one computer to have been involved. The court was asked to answer whether this was the case.
Held: The charge under section 1(1)(a) of using ‘a computer to perform any function with intent to secure access to any program or data held in any computer,’ did not require the misuse of one computer to access another. Section 1(1) could be satisfied by causing a computer to perform a function with intent to secure unauthorised access to any program or data held in the same computer.

Judges:

Lord Taylor of Gosforth CJ, Macpherson of Cluny and Turner JJ

Citations:

[1993] QB 94

Links:

lip

Statutes:

Computer Misuse Act 1990 1(1)(a) 2(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Holmes v Governor of Brixton Prison and Another Admn 20-Aug-2004
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence . .
Lists of cited by and citing cases may be incomplete.

Crime, Evidence

Updated: 28 July 2022; Ref: scu.177325

Regina v Sewa Singh Gill and Paramjit Singh Gill: CACD 31 Jul 2003

The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. At such interview admissions are accepted as a basis for settling civil liabiity, but expressly excluding compromise of any criminal action.
Held: The IR statement that the Code of Practice did not apply at this stage was incorrect. Plainly the officers suspected serious crime, and any practice allowing them to obtain evidence without first cautioning the defendant was wrong. However the admission of the evidence would not have had such an adverse effect on the fairness of the proceedings that the court ought not to have admitted it. The judge had adequately directed the jury as to the defendants domicile.

Judges:

Mr Justice Astill Lord Justice Clarke The Common Serjeant

Citations:

[2003] EWCA Crim 2256, Times 29-Aug-2003, Gazette 02-Oct-2003

Links:

Bailii

Statutes:

Taxes Management Act 1970 105, Police and Criminal Evidence Act 1984 Code C s66

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Barker CCA 1941
In the course of investigating the defendant for tax faud, he was interviewed by the Inland Revenue. Relying upon a standard statement by the revenue, the appellant produced two ledgers which had been fraudulently prepared in order to induce the . .
Cited – Regina v Allen HL 11-Oct-2001
The defendant appealed against a finding that he had concealed an emolument, namely accommodation. He said that, as a shadow director of the company within the extended meaning of that phrase under the Act, the deeming provisions under Income Tax . .
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Cited – Allen v United Kingdom ECHR 10-Sep-2002
The court rejected as inadmissible an application challenging admissibility of evidence obtained from him by the Revenue either by compulsion or inducement.
Held: ‘The Court notes that in this case the applicant does not complain that the . .
Cited – Regina v Okafor CACD 10-Nov-1993
The appellant, a Nigerian national, arrived at Gatwick Airport from Nigeria with a single item of luggage, namely a suit carrier. He was asked a number of questions, in particular whether he had packed the luggage himself and whether everything in . .
Cited – Regina v Absolam CACD 1990
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs.
Held: The procedure should . .
Cited – Regina v Grannell CACD 1990
The complainat had seen the burglar/defendant, noted his car number and later identified the car to the police. He identified the defendant from a group identification, but the codes of practice were not followed.
Held: Though the Codes had . .
Cited – Regina v Delaney CACD 11-Jan-1990
Delaney was 18 and with a low IQ. On first interview for indecent assault, he denied the offence, but later came to admit it. The police admitted first minimising the seriousness of the offence, but he alleged greater pressure, resulting in a later . .
Cited – Regina v Quinn CACD 15-Mar-1994
Police must follow the published Code of Practice, when conducting identity parades, and may not substitute their own. If the evidence is allowed in despite the breach, the judge should explain the significance of the breach to the jury, as it may . .
Cited – Han and Yau t/a Murdishaw Supper Bar, and Others v Commissioners of Customs and Excise CA 3-Jul-2001
The applicant claimed that proceedings under which he had been accused of fraud in dishonestly evading VAT liability were in reality criminal proceedings and that the minimum standards of a fair trial applied.
Held: The characterisation under . .
Cited – Henderson v Henderson 1967
The court considered what was required to establish a domicile at law: ‘First, clear evidence is required to establish a change of domicile. In particular, to displace the domicile of origin in favour of the domicile of choice, the standard of proof . .
Lists of cited by and citing cases may be incomplete.

Crime, Taxes Management

Updated: 28 July 2022; Ref: scu.184914

Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated with Al-Qaida’ under Chapter VII of the United Nations Charter, and had included his name on the list, making him subject to sanctions.Held: His appeal failed. The respondent’s 2005 decision to remove his hold on the proposal for the appellant’s designation by the Sanctions Committee was the exercise of prerogative powers for the conduct of foreign relations. This does not make it immune from judicial review, but the courts should proceed with caution. Even if there were a flaw in the respondent’s 2005 decision, this of itself would not entitle the appellant to a remedy. Quashing the decision would not have any substantive effect on the appellant’s present position, as it would not detract from the continuing effect of the Sanction Committee’s listing or its application in the United Kingdom through Regulation 881

Judges:

Lord Neuberger, President, Lord Mance, Lord Wilson, Lord Sumption, Lord Carnwath

Citations:

[2016] UKSC 3, [2016] WLR(D) 35, [2016] AC 1457, [2016] 2 WLR 509, [2016] 3 All ER 261, UKSC 2014/0028

Links:

Bailii Summary, Bailii, WLRD, SC, SC Summary

Jurisdiction:

England and Wales

Citing:

See Also – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Appeal from – Youssef v Secretary of State for Foreign and Commonwealth Affairs CA 29-Oct-2013
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government.
Held: The Secretary of State . .
At first instance – Youssef, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 23-Jul-2012
The claimant challenged having been listed as an associate of Al-Qaida, with the resulting freezing of assets and a travel ban.
Held: His request for judicial review failed.
Toulson LJ deprecated the ‘tendency on the part of lawyers . . . .
Cited – Kadi v Council and Commission ECJ 3-Sep-2008
(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security . .
Cited – Kadi v Commission ECFI 30-Sep-2010
ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – . .
Cited – Prosecutor v Furundzija ICT 10-Dec-1998
The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 12-Oct-2006
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay.
Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Foreign Secretary ex parte Everett CA 20-Oct-1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case.
Taylor LJ summarised the effect of the GCHQ case as making clear . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
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 . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Cited – HM Treasury v Ahmed and Others SC 4-Feb-2010
The Court had declared unlawful as ultra vires terrorism related orders made against the several claimants. The court now considered how restrictions imposed by banks should be dealt with.
Held: (Lord Hope dissenting as to the order required) . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .

Cited by:

Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Lists of cited by and citing cases may be incomplete.

Banking, Crime, Judicial Review

Updated: 28 July 2022; Ref: scu.559349