The claimant had been convicted in 1993 of involvement in a murder. He had complained that the police had failed to disclose material which would have been of assistance to him. He had requested the Commission to take examine and pursue his appeal. Material had been examined for which public interest immunity was sought. Having succeeded at the European Court of Human Rights, he argued that the Commission was obliged to take his case forward.
Held: Not every breach of Article 6 will make a conviction unsafe. The nature of the breach and the facts of the case must in every case be analysed. In this ccase, the Commission was plainly entitled to reach the view that it did and so to refuse to refer. In any event late disclosure before an earlier appeal had allowed the defect to be cured.
Judges:
Laws LJ, Mitting J
Citations:
[2007] EWHC 1923 (Admin)
Links:
Statutes:
Criminal Appeal Act 1995, European Convention on Human Rights 6
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Lewis CACD 6-Apr-2005
The defendant had been convicted under the 1981 Act. The European Court of Human Rights had found that police officers had infringed his human rights by their entrapment of him into offering them counterfeit currency. He now appealed his conviction. . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Cited – Regina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999) HL 19-Dec-2000
The provisions of the Code of Practice regarding identification parades are mandatory and additional unwritten conditions are not to be inserted. Where there was an identification and the suspect challenged that identification, and consented to the . .
Cited – Regina v Dundon CMAC 18-Mar-2004
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial.
Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an . .
Applied – Regina v Criminal Cases Review Commission ex parte Pearson 1999
The applicant was convicted of murder and her application for leave to appeal against conviction was dismissed. She later asked that her case be referred to the court of appeal on the ground of diminished responsibility, a ground not put forward . .
Cited – Doorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 July 2022; Ref: scu.258795