Citations:

[2001] Cr App R 160

Statutes:

Criminal Justice and Public Order Act 1994

Jurisdiction:

England and Wales

Cited by:

Per incuriam – Regina v Gowland-Wynn CACD 26-Nov-2001
Where during a police interview, the defendant had maintained silence without stating facts which went to the heart of his defence, it was proper for the judge to refer to the section which would allow the jury to make proper inferences from that . .
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.183052

In considering whether a matter should have been addressed by the judge in summing up the court should consider whether it was an issue which was ‘actively canvassed in the course of the hearing’. For the judge to raise it for the first time after a party had finished his summing up, meant that counsel had had no opportunity to deal with it in their speeches to the jury. He ought to have given notice to them, in the interests of fairness

Judges:

Watkins LJ

Citations:

(1987) Crim LR 504

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ryan CACD 31-Oct-1996
The defendant appealed convictions for possession of cannabis with intent to supply. He had been seen apparently passing packages to individuals outside a pub, and cannabis wraps were found on him, but no money. The judge directed the jury, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.183333

Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light.
Lord Lane CJ considered the feasibility of re-opening an appeal: ‘So there is nothing there on the face of it which says in terms that one appeal is all that an appellant is allowed. But, in the view of this court, one must read those provisions against the background of the fact that it is in the interests of the public in general that there should be a limit or a finality to legal proceedings, sometimes put in a Latin maxim, but that is what it means in English.
We have been unable to discover, nor have counsel been able to discover any situation in which a right of appeal couched in similar terms to that, has been construed as a right to pursue more than one appeal in one case. So far as the Criminal Appeal Act 1968 is concerned, there are perhaps two possible exceptions, or apparent exceptions because that is what they are, to that rule: first of all, where the decision on the original appeal, if I may call it that, can be regarded as a nullity. This is more commonly applied where there has been an application to treat a notice of abandonment as a nullity. The second occasion, which may be simply an example of the first, is where, owing to some defect in the procedure the appellant has on the first appeal being dismissed suffered an injustice, where, for example, he has not been notified of the hearing of the appeal or counsel has been unable to attend, circumstances such as that.’

Judges:

Lord Lane CJ

Citations:

(1988) 87 Cr App R 15, [1988] QB 462

Statutes:

Criminal Appeal Act 1968

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Thomas CACD 29-Apr-2002
The appellant appealed his conviction for murder. The prosecution case had been that the victim died before a certain time. Witness had come to light after the first trial who knew her, and claimed to have seen her after the time of death according . .
Cited – Thomas, Regina v CACD 26-Apr-2002
The hearing was a third appeal upon a reference by the Commission on the defendant’s conviction for murder.
Held: Auld LJ said that the court’s jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the . .
Cited – Regina v Stock CACD 8-Aug-2008
The defendant sought to appeal his conviction in 1970 for robbery. He had refused to attend an identity parade but was then confronted with the main witness. Witnesses had also been shown photographs from which they were said to have selected the . .
Cited – Yasain, Regina v CACD 16-Jul-2015
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.182983

The evidence of an expert to prove identification by voice was admissible. Also voice recognition evidence given by a phonetician was admissible as expert evidence; and that evidence of police officers who listened to disputed tapes and recognised the voice of the person speaking was admissible as factual evidence, subect to section 78 considerations.
Bingham LJ accepted that the phonetician was sufficiently qualified to give expert evidence on voice recognition. He said of the expert, Dr Baldwin: ‘He was entitled to be regarded as a phonetician well qualified by academic training and practical experience to express an opinion on voice identification. We do not doubt that his judgment, based on close attention to voice quality, voice pitch and the pronunciation of vowels and consonants, would have a value significantly greater than that of the ordinary untutored laymen, as the judgment of a hand-writing expert is superior to that of the man in the street.’

Judges:

Bingham LJ

Citations:

[1991] 93 Cr App R 161

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Cited by:

Doubted – Regina v O’Doherty CANI 19-Apr-2002
The defendant appealed his conviction based upon voice identification evidence, of making a false emergency telephone call.
Held: The court should have heard expert evidence of acoustic analysis, as well as expert evidence of voice . .
Cited – Regina v Hersey CACD 1-Dec-1997
The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to . .
Cited – Phipps v The Director of Public Prosecutions and Another PC 27-Jun-2012
phipps_dppPC2012
(Jamaica) The defendant appealed against his conviction for murder. He complained that he had been prejudiced because the jury were told that he had been produced from custody, and one of his witnesses was produced in court in chains, thus . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.182975

Under the 1995 Act the sole test to be applied by the court is whether the conviction is unsafe. If the court is satisfied, despite any misdirection of law or any irregularity in the conduct of the trial or any fresh evidence, that the conviction is safe, the court will dismiss the appeal.

Judges:

Lord Bingham CJ

Citations:

[1997] 1 Cr App R 302

Statutes:

Criminal Appeal Act 1995

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Hewitson, Bramich, Vincent CACD 24-Sep-1998
The defendants appealed their conviction after admission of evidence taken from secret tape recordings taken from a recording device hidden in the garage of one of the defendants.
Held: The evidence had been properly admitted. It was not . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.183355

The court considered the jurisdiction of the Court of Appeal to hear certain appeals, saying that ‘Lane v. Esdaile is of general application and provides that where leave to bring proceedings is required it is not possible to appeal against a refusal to grant leave. The reason is obvious, namely that if you could appeal such a refusal there would be no point in having a screening process.’ Every case would be appealed either on the issue of leave or that of substance. It follows from that that it is not open to anybody in this position, to appeal to this court from a refusal by the Divisional Court or by a single judge to grant leave to apply.

Judges:

Sir John Donaldson M.R

Citations:

[1988] 86 Cr App R 14

Jurisdiction:

England and Wales

Citing:

Cited – Lane v Esdaile HL 5-May-1891
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The . .

Cited by:

Cited – Kemper Reinsurance Company v The Minister of Finance and others PC 5-May-1998
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
Cited – Regina v Secretary of State for the Home Department, Ex parte Turkoglu CA 1987
The applicant had been granted bail by a High Court judge when he was given leave to apply for judicial review of the decision refusing him leave to enter the United Kingdom. His application for judicial review was subsequently dismissed and the . .
Cited – Sarfraz v Disclosure and Barring Service CA 22-May-2015
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.182911

In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition.
Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity to cross examine that witness.

Judges:

Mantell LJ, Royce, Cox JJ

Citations:

Times 15-May-2003

Statutes:

Criminal Justice Act 1988 23

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Wood and Maguire CACD 30-Apr-1998
. .

Cited by:

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

Criminal Practice

Updated: 06 May 2022; Ref: scu.182403

The judge’s notes had gone missing before the appeal.
Held: Applying Ellkiott, the simple fact that there is no shorthand note is not a ground for saying that the conviction is unsafe or unsatisfactory. For the appellant to claim that he must show something to suggest that there was an irregularity at the trial or a misdirection in the summing-up. Unless there is something to suggest that an error of that kind took place, the absence of a shorthand note simpliciter cannot cause the court to say that the verdict of the jury was unsafe or unsatisfactory.

Judges:

Lord Widgery CJ

Citations:

(1972) 56 Cr App R 727

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Elliott 1909
The absence or insufficiency of a shorthand note is not of itself a ground upon which a prisoner can succeed upon appeal, nor the existence of a proper note a condition precedent to a good trial. Where, however, there is reason to suspect that there . .

Cited by:

Cited – Bertrand Roberts and Roland Roberts v The State PC 15-Jan-2003
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.182416

The accused, who was charged with robbery, had been identified by three witnesses in different places on different occasions but each had only a momentary opportunity for observation. Immediately after the robbery the accused had left his home and could not be found by the police. When later he was seen by them he claimed to know who had done the robbery and offered to help to find the robbers. At his trial he put forward an alibi which the jury rejected. It was an odd coincidence that the witnesses should have identified a man who had behaved in this way. It was not corroborative.

Citations:

[1973] 57 Cr App R 871 C4

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.182297

The court considered the circumstances under which the defendant had lied, and Lucas direction was to be given: ‘As there seems to be at the moment a tendency in one appeal after another to assert that there has been no direction, or an inadequate direction, as to lies, it may be helpful if we conclude by summarising the circumstances in which, in our judgment, a Lucas direction is usually required. There are four such circumstances but they may overlap:
1. Where the defence relies on an alibi.
2. Where the judge considers it desirable or necessary to suggest that the jury should look for support or corroboration of one piece of evidence from other evidence in the case, and amongst that other evidence draws attention to lies told, or allegedly told, by the defendant.
3. Where the prosecution seek to show that something said, either in or out of the court, in relation to a separate and distinct issue was a lie, and to rely on that lie as evidence of guilt in relation to the charge which is sought to be proved.
4. Where although the prosecution have not adopted the approach to which we have just referred, the judge reasonably envisages that there is a real danger that the jury may do so.’

Citations:

[1996] 1 Cr App R 163

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Goodway CACD 11-Aug-1993
The judge is to give a ‘Lucas’ direction, if the fact of a defendant’s lie is to be relied upon by the prosecution to challenge the veracity of other evidence given by the defendant. . .

Cited by:

Cited – Philip Joshua Rahming v The Queen PC 20-May-2002
(Bahamas) The case was an appeal against a conviction for murder on the basis of the incorrect direction from the judge as to manslaughter and murder, and the failure to give a lies direction.
Held: The failure to bring the defendant before a . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.182199

A judicial review of the discharge of a prohibition on the identification of a minor was seen as a collateral issue. The trial had concluded, and having regard to the nature of the application, the application was collateral.

Judges:

Sachs J

Citations:

[2000] 1 WLR 760

Jurisdiction:

England and Wales

Criminal Practice

Updated: 06 May 2022; Ref: scu.521935

Nolan LJ considered the test for whether proceedings had been begiun ‘unnecessarily or improperly’so as to decide the question of costs awards in Magistrates proceedings, saying: ‘I would add in this connection that the word ‘improper’ in this context does not necessarily connote some grave impropriety. Used, as it is in conjunction with the word ‘unnecessary’, it is in my judgment intended to cover an act or omission which would not have occurred if the party concerned had conducted his case properly.’

Judges:

Nolan LJ

Citations:

[1991] 2 QB 532

Cited by:

Approved – Suffolk County Council v Rexmore Wholesale Service Limited Admn 1994
A costs order had been made against the prosecution, who now appealed.
Held: It was necessary to look at the relevant decisions at the point the proceedings were instituted rather than applying a level of knowledge gathered later: ‘With the . .
Cited – Bentley-Thomas v Winkfield Parish Council Admn 5-Feb-2013
The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground.
Held: She had brought the proceedings . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 06 May 2022; Ref: scu.510704

The appellant had indicated early in the magistrates’ court an intention to plead guilty, he could not possibly have misunderstood the nature of a straightforward charge of burglary and he had unequivocally admitted guilt when the indictment was put to him. He appealed against refusal of the trial judge to allow him to withdraw his plea.
Held: The appeal failed. The court considered the applicable rules when a defendant wishes to withdraw a plea of guity. Lord Goddard, ruled that (i) up until sentence vacation of plea is a matter entirely within the discretion of the judge, but (ii) after sentence there is no power to permit it. One recent instance of a trial judge permitting a change of plea after sentence was wrong and ought not to be followed. A mistake or misunderstanding as to the nature of the charges against him would lead a trial court to allow a change of plea.
Lord Goddard LCJ said: ‘The question whether a plea may be withdrawn or not is entirely a matter for the trial judge. If the court came to the conclusion that there was a question of mistake or misunderstanding or that it would be desirable on any ground that the prisoner should be allowed to join issue, no doubt the court would allow him to do it. For example, it has been known for a prisoner charged with receiving stolen goods to acknowledge that he had received them, and to plead guilty adding ‘but I did not know that they were stolen’. In such a case, the trial judge might well allow the prisoner to change his plea but it is entirely within the discretion of the judge.’

Judges:

Lord Goddard LCJ

Citations:

[1954] 1 WLR 933, [1954] 2 All ER 372

Cited by:

Cited – Evans, Regina v CACD 16-Nov-2011
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.471544

Lord Fraser said: ‘Whatever the position may be at a trial before a court of first instance, when it comes to procedure before quarter sessions sitting as an appeal court there is a clear distinction of principle between allowing an appeal against conviction after proceedings in which all the available evidence, so far as it is in the opinion of quarter sessions admissible, has been heard, and allowing it after proceedings which have been prematurely aborted, without all the available and admissible evidence having been heard, because of a ruling by the court on a preliminary point. The former is not liable to be quashed. The latter, which is this case, is liable to be quashed on the grounds stated in R v Ridgway, 1 DandR 132 and R v Clare Justices [1905] 2 IR 510’.

Judges:

Lord Fraser

Citations:

[1984] 1 WLR 980, [1984] Crim LR 293, (1984) 148 JP 335

Cited by:

Cited – Crown Prosecution Service, Regina (on the Application of) v Portsmouth Crown Court Admn 1-May-2003
The CPS appealed against dismissal of their case by the Crown Court after no representative had appeared at court to present the case. Counsel had two cases, and had asked this to be held pending completion of the other which then overran. Counsel . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.470922

Citations:

[1916] 2 KB 621

Citing:

Approved – Regina v Puddick 1865
Crompton J directed the jury as to the duty of the prosecutor in a criminal trial: ‘I hope that in the exercise of the privilege granted by the new Act to counsel for the prosecution of summing up the evidence, they will not cease to remember that . .

Cited by:

Cited – Nunn v Suffolk Constabulary and Another Admn 4-May-2012
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team.
Held: Permission to apply for review was granted, but the claim failed. ‘It is . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.456509

Crompton J directed the jury as to the duty of the prosecutor in a criminal trial: ‘I hope that in the exercise of the privilege granted by the new Act to counsel for the prosecution of summing up the evidence, they will not cease to remember that counsel for the prosecution in such cases are to regard themselves as ministers of justice, and not to struggle for a conviction, as in a case at Nisi Prius – nor be betrayed by feelings of professional rivalry – to regard the question at issue as one of professional superiority, and a contest for skill and pre-eminence.’

Judges:

Crompton J

Citations:

(1865) 4 FandF 497

Cited by:

Approved – Rex v Banks 1916
. .
Cited – Nunn v Suffolk Constabulary and Another Admn 4-May-2012
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team.
Held: Permission to apply for review was granted, but the claim failed. ‘It is . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.456508

The applicant renewed his application for leave to appeal, which had been refused by the single judge. He instructed solicitors who wrote to the court to advise that they intended to instruct Counsel on the renewed application. Due to an administrative error the renewed application was listed, heard and dismissed on 14 June 1976 without notice to the applicant’s lawyers. The order was recorded by the Crown Court. When an application was made to re-hear the matter, the court decided on 14 September 1976 that it was bound by Cross to dismiss the application on the ground that it was functus officio.
Held: Although the appeal was dismissed on the merits, the court considered in detail the question of jurisdiction. After referring to Majewski, Lawton LJ concluded that: ‘It follows, in our judgment, that [Cross] did not apply when what has happened is a nullity.’
Lawton LJ then asked whether the court had jurisdiction in the circumstances of a case where the applicant had been deprived of his right to be represented by counsel. He answered the question: ”This court clearly has jurisdiction within the ambit of the Criminal Appeal Act 1968 and the Rules of 1968 to see that no injustice is done to any defendant in the course of any application or appeal. If in any particular case, because of a failure of the court to follow the rules or the well established practice, there is a likelihood that injustice may have been done, then it seems to us right, despite the generality of what was said in R v. Cross that a case should be relisted for hearing. It is pertinent to point out that in R v. Cross the court had heard arguments by counsel on the merits before any question arose about rehearing the appeal, for such it was. The kind of problem which has arisen in this case was never considered.
It follows that this court acted per incuriam in adjudging, on September 14, 1976, that it had no jurisdiction to consider the defendant’s application. The court had such jurisdiction.
Before leaving this subject the court would stress that save in cases in which what has happened is a nullity, the jurisdiction to relist depends on the likelihood of an injustice having been done. That is for the court itself to decide. There may not be a likelihood of injustice if, from the written grounds of appeal and any supporting documents, it is clear beyond argument that the application cannot succeed.’

Judges:

Lawton LJ

Citations:

[1977] 64 Cr App R 50

Statutes:

Criminal Appeal Act 1968

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cross (Patrick) CACD 1973
The court had allowed an appeal against sentence; but later the same day the defendant was brought back because the court thought that he had not been frank in answering questions about another offence.
Held: The court set aside its original . .
Cited – Director of Public Prosecutions v Majewski HL 1976
The defendant took a cocktail of drink and drugs and, whilst intoxicated, assaulted pub landlord. He said that he did not know what he was doing, and had no mens rea, that self-induced intoxication could be a defence to a charge of assault, and that . .

Cited by:

Cited – Blackwood, Regina v CACD 5-Mar-2012
The defendant had succeeded in his appeal against a rape conviction. After the case, and his release, the prosecution sought a retrial. The defendant now argued that the court was functus officio.
Held: An order on an appeal becomes final when . .
Cited – Yasain, Regina v CACD 16-Jul-2015
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.451799

‘Surrender to custody’ means by section 2(2) in this context ‘surrendering himself into the custody of the court . . at the time and place for the time being appointed for him to do so.’ The failure to do that is by section 6(1) an offence. The offence may be dealt with according to section 6(5) either by summary conviction before the magistrates or as if it were a criminal contempt of court. Watkins LJ said that ‘an offence under section 6 of the Bail Act is not a contempt of court’.

Judges:

Watkins LJ

Citations:

(1986) 83 Cr App R 228

Statutes:

Bail Act 1976 2

Cited by:

Cited – Regina v Lubega CACD 1-Feb-1999
The defendant appealed against his sentence of 28 days imprisonment for contempt of court. He was late to court and warned that if he was late on the following day it would be treated as contempt. He was so late, and in his absence the judge made . .
Cited – Evans, Regina v CACD 16-Nov-2011
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.450417

Two police officers were being brought to trial, charged with assault occasioning bodily harm. They applied to the trial judge for an order directing the prosecution to inform the defence whether any members of the jury panel had criminal convictions, and if so, to give details. The trial judge made the order. The court considered a request from the Chief Constable to be allowed to vet a jury to be empanelled to hear a case against two police officers.
Held: Lord Denning MR (dissenting iin part) said that that the word ‘related’ can mean ‘closely related to’, or indirectly or distantly related to, or somewhere in between.
When the Crown Court was exercising the former jurisdiction of the Assize Courts, it (like the Assize Courts) could not be judicially reviewed.
Shaw LJ said: ‘It needs no elaborate argument to demonstrate that this user of such special knowledge would be an abuse as being contrary to the spirit and principle of jury service. It is possible to conceive of very special cases where the protection of the interests of the public at large demands that such knowledge should be sought and used. Even then it should not be sought or used without the sanction of the Attorney-General who is ultimately responsible for the conduct of prosecutions by way of indictment.’
Brondon LJ said: ‘First, I have serious doubt whether there should be any jury vetting at all, either by the prosecution or the defence. Secondly, if jury vetting is to be permitted to the prosecution in certain categories of cases, however and by whomsoever those categories may be defined, it hardly seems just that it should not be permitted to the defence in any categories of cases at all.’
As to the random nature of a jury, Lord Denning MR said: ‘Our philosophy is that the jury should be selected at random-from a panel of persons who are nominated at random. We believe that 12 persons selected at random are likely to be a cross-section of the people as a whole-and thus represent the views of the common man . . The parties must take them as they come.’

Judges:

Lord Denning MR, Shaw and Brandon LJJ

Citations:

[1980] Cr App R 19, [1980] QB 530, [1980] 2 All ER 444, [1980] 2 WLR 892

Statutes:

Courts Act 1971

Jurisdiction:

England and Wales

Cited by:

Applied – Regina v Ford CACD 1989
The appellant challenged the judge’s refusal to accede to an application to swear in a multi-racial jury.
Held: The judge was right in coming to the conclusion that he should not order a multi-racial jury to be empanelled. He had no power to . .
Cited – Regina v Tarrant CACD 18-Dec-1997
At a first trial it was suspected that a juror had been approached, and a retrial was ordered. The prosecutor applied to have the trial moved out of the area to avoid a repetition, but the judge directed instead that a jury protrection order be . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.450341

The Court found that it had jurisdiction to entertain an appeal against the Divisional Court’s upholding of a decision that the Director of Public Prosecutions could freely remove exhibits, lodged in the Crown Court in criminal proceedings against the applicant, in order to return them to the Republic of Ireland, to enable them to be used in criminal proceedings against the applicant in the Republic.
Prosecuting authorities had not merely the power to retain exhibits, but also a duty to do so – though that duty was not broken in the particular circumstances of the case when the exhibits were released for use in a foreign court.
Sir John Donaldson MR defined the prosecution’s duty toward documents: ‘(1) to take all proper care to preserve the exhibits safe from loss or damage;
(2) to co-operate with the defence in order to allow them reasonable access to the exhibits for the purpose of inspection and examination; and
(3) to produce the exhibits at the trial.’

Judges:

Sir John Donaldson MR, May LJ

Citations:

[1983] QB 551, [1983] 1 All ER 321, (1982) 76 Cr App R 246, 1983] 2 WLR 259

Jurisdiction:

England and Wales

Citing:

Doubted, but binding – Regina v Southampton Justices ex parte Green CA 1976
The court considered whether as the Court of Appeal, it had jurisdiction to hear an appeal against the Divisional Court’s refusal to quash an order estreating a recognisance.
Held: It did. Lord Denning MR said that ‘the matter is criminal’ if . .

Cited by:

Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.450437

The defendant was convicted of importing pornographic films and magazines. One ground of appeal was that the proceedings were a nullity because the press and public had been excluded from the court room during the showing of the films.
Held: The appeal failed. The principle of open justice does not extend to a right for members of the public in court, to inspect documents or other exhibits placed before the court.
Lawton LJ said: ‘When evidence is given orally, all in court hear what is said. When evidence is produced it may or may not be read out . . The members of the public in court have no right to claim to be allowed to look at the exhibits.’ and ‘As judges have differed as to how judicial discretion should be exercised in this class of case it may be helpful if we give some guidance . . It seems to us that, normally when a film is being shown to a jury and the judge, in the exercise of his discretion, decides that it should be done in a closed court room or in a cinema, he should allow representatives of the press to be present. No harm can be done by doing so: some good may result.’

Judges:

Lawton LJ

Citations:

[1975] 1 WLR 711

Cited by:

Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.450438

The court considered whether as the Court of Appeal, it had jurisdiction to hear an appeal against the Divisional Court’s refusal to quash an order estreating a recognisance.
Held: It did. Lord Denning MR said that ‘the matter is criminal’ if ‘the matter is one the direct outcome of which may be trial of the applicant and his possible punishment for an alleged offence.’ The recognizance was simply a bond giving rise to a civil debt with a special enforcement procedure which was also civil.

Judges:

Lord Denning MR

Citations:

[1976] QB 11

Jurisdiction:

England and Wales

Citing:

Applied – Amand v Home Secretary and Minister of Defence of Royal Netherlands Government HL 1943
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a . .

Cited by:

Doubted – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Doubted, but binding – Regina v Lambeth Metropolitan Stipendiary Magistrate ex parte McComb CA 1983
The Court found that it had jurisdiction to entertain an appeal against the Divisional Court’s upholding of a decision that the Director of Public Prosecutions could freely remove exhibits, lodged in the Crown Court in criminal proceedings against . .
No Longer Binding – Carr v Atkins CA 1987
The police had applied to a judge for an order under the 1984 Act requiring the applicant, a suspect in a fraud investigation, to produce documents falling within the definition of ‘special procedure documents’ under the Act. The applicants sought . .
Distinguished – In re Smalley HL 1985
Challenge by a surety to an estreatment of his recognizance was not a matter relating to a trial on indictment for the purpose of section 29(3) because it did not affect the conduct of the trial. A sensible legislative purpose can be seen for . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.450436

Citations:

[2011] EWCA Crim 44

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 06 May 2022; Ref: scu.430088

An attachment was ordered against the jurors for determining their verdict by hustling half-pence in a hat ; one of them had discovered the matter, and sworn it ; the eleven others denied it upon oath ; but it was proved that four of them had confessed it. Eyre moved, that proceedings on attachment might be staid on payment of costs to both parties, without the attendance of the jurors in Court, who lived in Yorkshire; and alleged, that, only one of the jurors attended in a like case of Parr and Soames. Per Cur’ : Let the jurors all attend to be publickly admonished, that the country may take warning. Chapple for defendant.

Citations:

[1790] EngR 1055, (1732, 1756, 1790) Bar N 32, (1790) 94 ER 791 (G)

Links:

Commonlii

Cited by:

Cited – Attorney General v Fraill and Another CACD 16-Jun-2011
Juror’s use of Facebook was contempt
The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet.
Held: Both juror and defendant in the trial had committed contempt of . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Criminal Practice

Updated: 05 May 2022; Ref: scu.364108

A partnership or an unincorporated association could be registered as a fine defaulter if it failed to pay a fixed penalty arising from its ownership of a motor vehicle; that was because the statutory definition of defaulter depended on the use of the words ‘any person’, and thus the Interpretation Act applied to it. Paragraph 4(5) of the 1978 Act is of no assistance in construing the breadth of the definition of ‘person’ in Schedule 1 of the Act.

Judges:

Glidewell LJ

Citations:

(1989) 154 JP 118

Statutes:

Interpretation Act 1978

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 May 2022; Ref: scu.277728

Challenge to Youth court declining jurisdiction.

Judges:

Ouseley J

Citations:

[2006] EWHC 564 (Admin)

Links:

Bailii

Statutes:

Magistrates Courts Act 1980 24

Jurisdiction:

England and Wales

Criminal Practice

Updated: 05 May 2022; Ref: scu.240067

The judge is to give guidance to the jury on the issue of provocation whether or not it is raised by counsel, provided he considers that there may be evidence of it.

Citations:

Times 18-Jul-1994

Jurisdiction:

England and Wales

Criminal Practice

Updated: 05 May 2022; Ref: scu.88114

A defendant appealed to the Crown Court against a conviction for causing unnecessary suffering to animals. Her appeal was dismissed, and the Crown Court awarded also the full costs of the prosecution before the magistrates, who had made a reduced award of costs. Though there was no right of appeal on a question of costs, the Crown Court had sufficient power to make an order. A prosecutor seeking a variation should make his intention clear, and set out his reasons.

Citations:

Times 20-Apr-2000, Gazette 18-May-2000

Statutes:

Prosecution of Offences Act 1985 18(1), Supreme Court Act 1981 48(2)

Jurisdiction:

England and Wales

Criminal Practice, Costs

Updated: 05 May 2022; Ref: scu.82559

The Queen’s Bench Division has power to remit a case to the magistrates court for re-trial, when an error in law has been made by the Magistrates. That power included a discretion to order that it be tried by a different bench of magistrates. Where there had been an acquittal by the magistrates a different bench may be necessary. The court should be sensitive to the nature of the error in making its decision.

Citations:

Gazette 29-Jan-1992

Statutes:

Summary Jurisdiction Act 1857

Jurisdiction:

England and Wales

Criminal Practice

Updated: 05 May 2022; Ref: scu.81042

The defendant had been on bail to appear at the Magistrates’ Court. On the day he arrived in good time. A notice said: ‘All persons due to appear in court please report to the enquiry counter.’ He did so and he obeyed directions which were there given to him to wait in the concourse. Before being called, he became tired of waiting and left. He was charged with the offence contrary to section 6(1) of the 1976 Act of failing to surrender. The magistrates found that he had in fact surrendered because he had complied with the direction given to those attending as to what they were to do. The Crown appealed by way of case stated to the divisional court.
Held: A person desiring to surrender to bail may be required to report to a particular office or a particular official, and in doing surrendering. The court could see no purpose in section 7(2) unless this was allowed.
Glidewell LJ said: ‘what precisely constitutes the person or body to whom a person on bail is to surrender depends upon the procedure followed at the particular court and the directions given in accordance with that procedure to the person who is coming to surrender . . If having done so the person at the Inquiry office said: ‘Go to the cells and surrender to a prison officer’ that would have been the surrender. If the Inquiry Officer says: ‘Go and sit in the concourse until your case is called,’ then the court procedure envisages that being the surrender to the court.’ and
‘I take the view that if a court provides a procedure which directs – there has to be some form of direction, by notice or by oral direction – a person surrendering to bail to report to a particular office or to a particular official, when he complies with that direction he surrenders to his bail.’

Judges:

Glidewell LJ

Citations:

(1989) 88 Cr App R 97, [1988] QB 701

Statutes:

Bail Act 1976 6(1) 7(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Central Criminal Court Ex Parte Guney HL 10-May-1996
The defendant was given bail supported by sureties for his attendance. The appellant signed for andpound;1m for his attendance. There was a preparatory hearing at a new court building without cells or a dock. The defendant was present. The surety . .
Cited – Evans, Regina v CACD 16-Nov-2011
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 May 2022; Ref: scu.279666

Six defendants appealed their convictions in 1975 of IRA bombings in Birmingham, saying the judge at trial had displayed excessive hostility toward them. The Crown no longer opposed the appeals, fresh evidence having been found of mistreatment whilst in custody.

Judges:

Lloyd lJ

Citations:

[1991] EWCA Crim 2, (1991) 93 Cr App R 287, [1992] 2 All ER 417

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 May 2022; Ref: scu.656430

The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or clearly contrary to, a settled policy of the Director of Public Prosecutions evolved in the public interest.

Judges:

Tasker Watkins LJ

Citations:

[1991] 93 Cr App R 416

Cited by:

Cited – Regina v Director of Public Prosecutions ex parte C Admn 6-Oct-2000
The court upheld a decision to prosecute a 15-year-old applicant for road traffic offences rather than to divert him from prosecution and caution. Penry-Davey J said: ‘It is clear from the case of R v Chief Constable of Kent ex parte L [1991] 93 Cr . .
Cited – A, Regina (on the application of) v South Yorkshire Police and Another Admn 9-May-2007
Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after . .
Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Cited – Stratton, Regina (on The Application of) v Thames Valley Police Admn 7-Jun-2013
The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence.
Held: It was for each Chief Constable to draft his own policy, but . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.259220

Appeal against refusal of stay of execution of confiscation order under 1994 Act.

Citations:

[2006] EWHC 2221 (Admin)

Links:

Bailii

Statutes:

Drug Trafficking Act 1994

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 May 2022; Ref: scu.244852

The appellants, having received by their counsel draft judgments, sought to bring additional arguments.
Held: The judgment was delivered at the point where the draft judgment was delivered, and therefore there was no opportunity for further submissions after that draft had been delivered.

Citations:

Times 05-Sep-2006, [2006] EWCA Crim 2000

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 May 2022; Ref: scu.244213

Application for judicial review of revocation of bail and committal to custody. The defendant had attended the hearing and a previous one. The judge considered that he had failed to attend in other proceedings on two occasions, and revoked bail.
Held: ‘where a defendant has been observing his conditions of bail scrupulously and has not acted in breach in any way at all, a reasoned explanation should be given to explain why bail is being withdrawn and this should only occur after a full and proper examination of all the relevant considerations. ‘ and ‘the decision-making by the learned judge . . . was so perfunctory and so lacking in any proper analysis of the relevant facts, and so lacking in the proper exploration of such fundamental considerations such as appropriate conditions, as to place it firmly outside the bounds of what was reasonable for the purposes of the decision-making in a bail application.’ The bail decision was overturned.

Judges:

Forbes J

Citations:

[2006] EWHC 461 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Allwin v Snaresbrook Crown Court Admn 2005
The court considered an application for judicial review of a Crown Court judge’s bail decision: ‘It seems to me that the right approach for this court must be to decide whether the decision of the Crown Court judge was one which falls within the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.239248

Judges:

Mr Justice Simon Lady Justice Smith DBE

Citations:

[2005] EWHC 2283 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 May 2022; Ref: scu.234562

The court considered the position on hearing an appeal by a defendant who had absconded during his trial.
Held: A decision whether or not to appeal against conviction ‘cannot rationally be taken before the verdict is known’. It concluded that in all ‘save the most exceptional cases’ the proper time for a defendant to take advice as to the prospects of an appeal and to give instructions to initiate appeal proceedings is after conviction and sentence. Where such a defendant had ‘put it out of his power to give instructions at the proper time’ the Court, as a general rule, would take the view that his solicitors did not have authority to initiate appeal proceedings and any notice of appeal was a nullity. This was so even if the defendant had given express instructions to appeal conviction (should it occur) post a failed submission of no case.

Citations:

(1971) 55 Cr App R 321

Cited by:

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

Criminal Practice

Updated: 04 May 2022; Ref: scu.544628

The Court was asked to entertain an application from lawyers acting for a man who had absconded during his trial on the basis his sentence was excessive. The argument focused on the fact the offences were historic and committed at a time a different sentencing regime was in force. The legal representatives were described as ‘without instructions’. The Court, in the exercise of its discretion, agreed to hear the appeal and reduced his sentence.

Citations:

[2010] EWCA Crim 1845

Cited by:

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

Criminal Practice

Updated: 04 May 2022; Ref: scu.544631

The Court allowed the defendant’s appeal against sentence on the grounds it was excessive despite the fact the appellant had absconded from prison whilst serving his sentence.

Citations:

[2007] EWCA Crim 3461

Cited by:

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

Criminal Practice

Updated: 04 May 2022; Ref: scu.544630

The Court, proceeding on the basis the appellant’s counsel ‘had her instructions’, heard and determined an application to appeal sentence from a man who had absconded. It quashed an order ‘for return to prison’ made in error and in ignorance of an administrative recall to prison for the same period.

Citations:

[2005] EWCA Crim 1651

Cited by:

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

Criminal Practice

Updated: 04 May 2022; Ref: scu.544629

The defence had made a successful application at trial for a stay of the proceedings on the basis that the police had seized a CCTV film during their investigation and had viewed it but had failed to secure it and it disappeared prior to trial. Its existence was not revealed by police to the Crown Prosecution Service or to the defence even after specific requests had been made for the unused material. It was clear that the camera from which the film had come viewed part of the scene where some of the relevant events had taken place.
Held: A failure to disclose evidentiary materials which could not be reconstituted led to an end to the proceeding. The categories of abuse of process are not mutually exclusive and the facts of a particular case may give rise to an application to stay involving more than one alleged form of abuse.

Citations:

[1992] Crim LR 117

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 May 2022; Ref: scu.540238

Watkins LJ said: ‘It should also be borne in mind that a stay on the basis of an abuse of process must never be seen to be used simply as a form of disciplinary disapproval of the CPS. That it should be seen to be so is impermissible.’

Judges:

Watkins LJ

Citations:

(1992) 94 Cr App R 382

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 May 2022; Ref: scu.540236

Lord Lane CJ said: ‘ . . certain propositions can now be set out as to what should be done by a judge who receives a communication from a jury which has retired to considered its verdict.
First of all, if the communication raises something unconnected with the trial, for example a request for some message be sent to a relative of one of the jurors, it can simply be dealt with without any reference to counsel and without bringing the jury back to court . .
Secondly, in almost every other case a judge should state in open court the nature and content of the communication which he has received from the jury and, if he considers it helpful so to do, seek the assistance of counsel. This assistance will normally be sought before the jury is asked to return to court and then, when the jury returns, the judge will deal with their communication.
Exceptionally if, as in the present case, the communication from the jury contains information which the jury need not, and indeed should not, have imparted, such as details of voting figures as we have called them, then, so far as possible the communication should be dealt with in the normal way, save that the judge should not disclose the detailed information which the jury ought not to have revealed .’
A criminal trial continues until verdicts have been returned or the jury has been discharged from returning verdicts.

Judges:

Lord Lane CJ

Citations:

[1987] 85 Cr App R 121

Jurisdiction:

England and Wales

Cited by:

Endorsed – Ramstead v The Queen PC 2-Dec-1998
New Zealand. Where a judge had received a note from the jury as to intended riders to their verdict, he was obliged to notify counsel and, having seen the foreman of the jury in chambers in counsel’s absence, the verdicts had constituted a material . .
Cited – Regina v Tantram; Regina v Bibby etc CACD 24-May-2001
The defendants appealed against their convictions for conspiracy in have combined to put into the human food chain poultry meat which had been condemned as unfit. The jury after retiremen had indicated that they had reached agreement on some . .
Cited – Turk (Deceased) v Regina CACD 6-Apr-2017
Defendant’s death stops trial immediately
At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.534461

It is the duty of the trial judge to prevent cross examination about a subject which can only go to the credit of a witness if the truth of the matter suggested would not, in his opinion, affect the credibility of the witness concerned. Lawton J said that the test to be applied was whether or not the matter which it was sought to put to the witness would affect his likely standing with the tribunal of fact: ‘What, then, is the principle upon which the judge should draw the line? It seems to me that it is this. Since the purpose of cross-examination as to credit is to show that the witness ought not to be believed on oath, the matters about which he is questioned must relate to his likely standing after cross-examination with the tribunal which is trying him or listening to his evidence.’ and ‘the conduct or character of a witness cannot, in my view, be used to attack his credit unless that conduct or character is of such a nature as to tend logically and rationally to weaken confidence in his veracity or in his trustworthiness as a witness of truth.’

Judges:

Lawton LJ

Citations:

[1971] 55 Cr App R 316

Cited by:

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

Criminal Practice

Updated: 04 May 2022; Ref: scu.523878

Widgery LCJ said: ‘It is important in all criminal cases that the judge should on the first occasion when the jury separate warn them not to talk about the case to anybody who is not one of their number.’

Judges:

Widgery LCJ

Citations:

(1973) 57 Cr App R 632

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Burley, Molnar, Stanton CACD 22-Mar-2001
The defendants appealed against their conviction for conspiracy to handle stolen goods. They denied knowledge that the goods (cars) were stolen.
Held: The judge had failed to direct the jury not to discuss the case outside court. He had failed . .
Cited – Regina v Chaouk 14-Apr-1986
(Supreme Court of Victoria) The court considered an appeal beed upon allegations as to the jury directions given after retirement. . .
Cited – Webb and Hay v The Queen 30-Jun-1994
(Australia) Criminal Law – Jury – Impartiality – Murder trial – Juror giving flowers to victim’s mother – Whether juror or jury to be discharged Appropriate test – Reasonable apprehension of lack of impartiality or real danger of lack of . .
Cited – Mcclenaghan, Regina v CCNI 18-Nov-2014
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.471353

The defendant appealed against his conviction for a ‘contract killing’.
Held: The Court of Appeal should not interfere with factual conclusions reached in the court below save in the clearest of situations. The court was prepared to overlook minor infractions of the 2000 Act.

Citations:

[2003] EWCA Crim 3109

Statutes:

Regulation of Investigatory Powrs Act 2000

Cited by:

Cited – Regina v Moore and Another CACD 13-Feb-2013
The appellants said that they had been entrapped into committing the offences of which they stood convicted. Their applications for stay on the ground of abuse of process had been rejected.
Held: The appeal failed.
Rix Lj said: ‘the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.471003

Lord Widgery CJ said: ‘It cannot be too clearly stated that the judge’s obligation to stop the case is an obligation which is concerned primarily with those cases where the necessary minimum evidence to establish the facts of the crime has not been called. It is not the judge’s job to weigh the evidence . . to do that is to usurp the function of the jury.’

Judges:

Lord Widgery CJ

Citations:

(1975) 65 Cr App R 287

Cited by:

Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.467713

The Court summarised its position that ‘Even if the loss of memory had been a genuine loss of memory, that did not of itself render the appellant insane so that he could not be tried on the indictment.’ The tests set out in Pritchard ‘may be said to be firmly embodied in our law’.
The onus lies on the defendant to demonstrate that he is unfit on the balance of probabilities.
Lord Parker CJ explained the meaning of ‘make a proper defence’ and ‘comprehend’ in the context in which Alderson B. was using them: ‘As to the word ‘comprehend’, we do not think that this word goes further in meaning than the word ‘understand’. In our judgment the direction . . is not intended to cover and does not cover a case where the prisoner can plead to the indictment and has the physical and mental capacity to know that he has the right of challenge and to understand the case as it proceeds.’

Judges:

Lord Parker CJ

Citations:

[1960] 1 QB 325, [1959] 3 All ER 418, (1959) 43 Cr App R 220

Criminal Practice

Updated: 04 May 2022; Ref: scu.465696

A journalist appealed against orders excluding the press and public while the judge considered where the jury should sit, and again as to the behaviour of a jury member.
Held: There may be circumstances where it was appropriate to distinguish between the press and public when making such decisions, allowing the press to stay when the public would be excluded.

Citations:

(1991) 8 Cr App R (S)

Cited by:

Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.452492

Except with the authority of the trial judge during the trial, or of the court of appeal after the verdict, inquiries into jury deliberations are ‘forbidden territory’.

Judges:

Gage LJ

Citations:

[2007] 1 Cr App R 449

Cited by:

Cited – Attorney General v Fraill and Another CACD 16-Jun-2011
Juror’s use of Facebook was contempt
The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet.
Held: Both juror and defendant in the trial had committed contempt of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.447479

The defendant was accused of rape and other indecent assaults going back some 20 years. He appealed against a refusal of a stay on the grounds of abuse of process given the very long delay before any complaint was made.
Held: The application should have been granted and a stay was ordered. The test was whether a fair trial would be possible. In this case, the delay had been very long, and there was no physical evidence, only oral testimony, and the defence would be artificially restricted also in its scope to cross examine the complainants.

Judges:

Ognall J

Citations:

[1992] Crim LR 31

Jurisdiction:

England and Wales

Citing:

Followed – Regina v Telford Justices, ex parte Badhan CACD 1991
The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their refusal.
Held: The onus was on the accused to . .

Cited by:

Cited – Regina v Khan and Others CACD 7-Oct-2011
The appellants challenged their convictions for the fraudulent use of falsely completed applications to vote by post. They said that the prosecutors had failed properly to disclose other postal applications also suspected and collected by the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.445157

Proceedings to challenge a Crown Court’s decision may be brought: ‘either by case stated or by judicial review, whichever is the most convenient in the circumstances.’ Donaldson LJ said that in the circumstances of the case: ‘it is much more convenient that it should be brought by case stated because then we can get at the facts.’
McNeill J observed: ‘In a case such as this which bristles with factual difficulties the only convenient and proper way to get it before the Divisional Court is by case stated and not by way of application for judicial review.’

Judges:

Donaldson LJ, McNeill J

Citations:

[1981] 1 All ER 596

Cited by:

Cited – Sunworld Limited v Hammersmith and Fulham London Borough Council QBD 2000
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.443297

Police officers were prosecuted following the release of those convicted of the Birmingham bombing and Garland J granted a stay of the criminal proceedings against those officers, pointing out that publicity, although a powerful factor, did not stand alone. The judge said that prejudice engendered by publicity is usually local and temporary, but if the impossibility of having a fair trial becomes national and continuing then there is ‘quite literally, nowhere to go’.

Judges:

Garland J

Citations:

Unreported, 15 October 1993

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Stone CACD 14-Feb-2001
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 May 2022; Ref: scu.441580