The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were responsible for the death.
Held: A prosecutor in a criminal a case has a broader duty than does a party in civil proceedings. The purpose of the Children Act proceedings were different from the present case. ‘Although concern about him flowed from E’s death, the proceedings brought and conducted by the local authority were not criminal proceedings in which the ultimate question for decision was whether the appellant had killed E. Neither of E’s parents was being prosecuted. No one was. And whatever the outcome, neither was, nor could be, convicted or acquitted of a criminal offence. For this purpose, the court responsible for the care proceedings was bereft of jurisdiction. It was not ‘competent’ to decide criminal proceedings.’ The court did was not suggest alteration in the practice of the Family Division that the criminal proceedings of themselves were not a reason to adjourn the care proceedings, because delay is detrimental generally to the children but did refer to the desirability of liaison between the relevant authorities and some linkage between directions hearings as the cases progress.
Judges:
Sir Igor Judge, President, Sir Mark Potter President, Crane J
Citations:
[2006] EWCA Crim 1902, Times 24-Aug-2006, [2006] 1 WLR 3092
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Reichel v Magrath PC 1889
The new vicar of Sparsholt, Dr Magrath, was able to rely on the abuse of process even though he had not been party to earlier proceedings between Reichel and the Bishop of Oxford and the Queen’s College and so was not bound by any issue estoppel . .
Cited – Stevenson v Garnett 1898
AL Smith LJ: ‘The court ought to be slow to strike out a statement of claim or defence, and to dismiss an action as frivolous and vexatious yet it ought to do so when as here, it has been shown that the identical question sought to be raised has . .
Cited – Director of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – Imperial Tobacco Ltd v Attorney-General HL 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme.
Held: It was not necessary to decide whether a declaration as to the criminality or otherwise . .
Cited – Regina v Steidl and Baxendale-Walker 27-Jun-2002
(Southwark Crown Court) The case was a prosecution for serious fraud. In civil proceedings, despite evidence to suggest a powerful case for dishonesty, a High Court judge had concluded that the claimant had failed to establish that the defendant, . .
Cited – Mills v Cooper QBD 1967
Two sets of criminal proceedings were brought against the defendant for offences under section 127 of the Highways Act 1959 namely that of being a gypsy and, without lawful excuse, camping on a highway. The first proceedings were brought in respect . .
Cited – Regina v Stocker CCC 23-Nov-2004
(Central Criminal Court) The court was due to try a case alleging that the defendant had killed her child. In care proceedings Hedley J had concluded that a mother had killed her child, but he was positively satisfied that she lacked the intention . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Hollington v F Hewthorne and Co Limited CA 1943
The defendant had been involved in a road accident in which the plaintiff’s son had died, and had been convicted of careless driving. The plaintiff as the personal representative of his son sued for damages for negligence, seeking to rely on the . .
Cited – Regina v Bingley Magistrates Court Ex Parte Morrow QBD 28-Apr-1994
A private prosecution was started by summons.
Held: The court accepted that justices were entitled to exercise their discretion not to issue one, a comforting re-assurance that the magistrates were not obliged to ‘rubber stamp’ the process by . .
Cited – Regina v Lattimore CACD 1975
‘. . . It is also inconceivable that the court would receive inadmissible evidence; for the court must act according to law.’ . .
Cited – Regina v Williams, Regina v Smith CACD 27-Jan-1994
The defendant’s appeal was allowed after the police evidence against him was discredited in later proceedings. . .
Cited – Regina v Edwards CACD 1991
The appellant was convicted of robbery with a firearm and sentenced to 14 years. The evidence included police evidence of his confessions in interview. He challenged the veracity of the interview notes, alleging that the police officers concerned . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were . .
Cited by:
Cited – Mote v Secretary of State for Work and Pensions and Another CA 14-Dec-2007
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 07 July 2022; Ref: scu.243981