Forsyth, Regina v, Regina v Mabey: SC 23 Feb 2011

The defendants were to face trial on charges of making funds available to Iraq in breach of the 2000 Order. They said that the 2000 Order was ultra vires and ineffective, not having been made ‘forthwith’ after the UN resolution it was based upon, but some ten years later.
Held: The appeal failed. The comparison with the case of Ahmed was inappropriate. The mischief complained of was quite different, and it was not necessary to go behind the terms of the 1946 Act: ‘Security Council Resolutions are not simply one-off measures requiring immediate implementation by member states and then receding into history, and that situations can develop in the course of their subsequent enforcement which call for further measures to be taken, sometimes with considerable urgency, to meet emerging problems. It would be not merely inappropriate as a matter of construction but regrettable as a matter of fact were this court now to stultify the power conferred under the 1946 Act by confining its exercise within an artificially restricted time-frame.’

Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown
UKSC 2010/0227, UKSC 2010/0226, [2011] UKSC 9, [2011] Lloyd’s Rep FC 232, [2011] 2 All ER 165, [2011] 2 WLR 277, [2011] 2 AC 69
Bailii Summary, SC Summary, SC, Bailii
Iraq (United Nations Sanctions) Order 2000 3(a) 11(4), United Nations Act 1946 1
England and Wales
CitedHM 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 . .
CitedRegina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Lists of cited by and citing cases may be incomplete.

Crime, International

Updated: 31 December 2021; Ref: scu.429723