Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003

The appellant sought judicial review of the respondents refusal to refer his case back to the Court of Appeal.
Held: The Commission had misunderstood the way in which the Court of Appeal worked, by anticipating that it would reconsider the evidence. In this case, the defendant and the court had not allowed as a serious question the possibility that the defendant’s mental condition might make him more susceptible to provocation. The commission was to ask whetther there was a real possibility that the court could not be sure the issue was properly formulated. In view of later case law, that possibility existed, and the Commission should have referred the case.


Mitchell, Maurice Kay JJ


Times 02-Jun-2003, [2003] EWHC 835 (Admin)




Homicide Act 1957 3, Criminal Appeal Act 1995 13


England and Wales


CitedRegina (IH) v Secretary of State for the Home Department and Another CA 15-May-2002
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he . .
CitedStirland v Director of Public Prosecutions HL 1944
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly . .
Lists of cited by and citing cases may be incomplete.

Administrative, Criminal Practice

Updated: 07 June 2022; Ref: scu.185028