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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Criminal Practice - From: 1993 To: 1993

This page lists 139 cases, and was prepared on 21 May 2019.

 
Mears v Regina [1993] 1 WLR 818
1993
PC
Lords Lane, Templeman, Oliver, Goff and Woolf
Criminal Practice
The prosecution case relied upon the evidence of a woman with whom the accused cohabited. The prosecution case was that the accused had told the woman that he had killed the victim in a particular way. The defendant denied killing the victim and pathological evidence was called that suggested that the victim died in circumstances different from that described by the woman in whom the defendant confided in. After retiring, the jury returned to court and informed the judge that they had a problem relating to the evidence. The trial judge did not ascertain the problem the jury were experiencing but rather restated the evidence. The defendant was convicted. The conviction was appealed. The Board considered whether the summing up was fair to the defendant. Held: The summing up must be looked at as a whole.
Lord Lane said: "In rejecting the defendants submission that the comments of the judge were unfairly weighted against him, the court asked themselves whether the comments amounted to a usurpation of the jury's function. In the view of their Lordships it is difficult to see how a judge can usurp the jury's function short of withdrawing in terms an issue from the jury's consideration. In other words this was to use a test which by present day standards is too favourable to the prosecution. Comments which fall short of such a usurpation may nevertheless be so weighted against the defendant at trial as to leave the jury little real choice other than to comply with what are obviously the judge's views or wishes."
and "The Court of Appeal took the view that the trial judge was not putting forward an unfair or unbalanced picture of the facts as he saw them. In rejecting the defendant's submission that the comments of the judge were unfairly weighted against him, the court asked themselves whether the comments amounted to a usurpation of the jury's function. In the view of their Lordships it is difficult to see how a judge can usurp the jury's function short of withdrawing in terms an issue from the jury's consideration. In other words this was to use a test which by present day standards is too favourable to the prosecution. Comments which fall short of usurpation may nonetheless be so weighted against the defendant at trial as to leave the jury little real choice other than to comply with what are obviously the judge's views or wishes. "
and "Their Lordships realise that the judge's task in this type of trial is never an easy one. He must of course remain impartial, but at the same time the evidence may point strongly to the guilt of the defendant; the judge may often feel that he has to supplement deficiencies in the performance of the prosecution or the defence, in order to maintain a proper balance between the two sides in the adversarial proceedings. It is all too easy for a court thereafter to criticise a judge who may have fallen into error for this reason. However, if the system is trial by jury then the decision must be that of the jury and not of the judge using the jury as something akin to a vehicle for his own views. Whether that is what has happened in any particular case is not likely to be an easy decision."
1 Cites

1 Citers



 
 Regina v Hendon Justices ex parte Director of Public Prosecutions; QBD 1993 - [1993] 1 All ER 411
 
Regina v King's Lynn Justices, Ex parte Holland [1993] 1 WLR 324
1993
QBD

Criminal Practice, Evidence, Magistrates
Section 78 is properly applied in committal proceedings. Examining justices could exclude the evidence from their consideration only if satisfied that its admission at the trial would be so obviously unfair to the proceedings that no judge properly directing himself could admit it. Even in such a case it would generally be far better to leave the decision to the trial judge who will be in a better position to assess the effect on the fairness of the proceedings and have had greater experience of deciding such questions.
Police and Criminal Evidence Act 1989 78
1 Citers



 
 Regina v Gough (Robert); HL 1993 - Independent, 26 May 1993; Times, 24 May 1993; [1993] AC 646; [1993] 2 All ER 727; [1993] UKHL 1; [1993] 97 Cr App R 188; [1993] 2 WLR 883
 
Regina v Schofield (1993) CLR 217
1993
CACD

Criminal Practice, Contempt of Court
After the jury's verdict, a juror asked the bailiff if the jury could have asked a question, and on receiving an affirmative response, the juror went on to say that the jury had not understood the offence of affray and had written a note to that effect. Such a note was found in the jury room, and the court was invited to consider what transpired between the juror and the bailiff, but the argument was rejected on the ground that to give any meaning to that conversation it would be necessary to lift the veil of secrecy from the jury room and enquire what had happened within.
1 Citers


 
Regina v Ward [1993] 96 Crim App R 1
1993
CACD

Evidence, Criminal Practice
The court considered the admission of medical evidence to support other evidence against a defendant as to his propensity. "But we conclude on the authorities as they now stand that the expert evidence of a psychiatrist or a psychologist may properly be admitted if it is to the effect that a defendant is suffering from a condition not properly described as mental illness, but from a personality disorder so severe as properly to be categorised as mental disorder."
1 Cites

1 Citers


 
Regina v Cox (1993) 96 Cr App R 464
1993
CACD

Criminal Practice
The defendant was arrested at home on suspicion of one charge, but the police then asked questions about his clothing. He appealed saying the replies should not have been included. Held: The questions were intended to secure admissions, and should only have been asked at the police station, but no miscarriage of justice had occurred.
Police and Criminal Evidence Act 1984 78 - Criminal Appeal Act 1968 2(1)
1 Cites

1 Citers


 
Regina v Clinton [1993] 1 WLR 1181
1993
CACD

Criminal Practice, Legal Professions
Where counsel’s conduct is called in question the general principle requires the court to focus on the impact of the faulty conduct on the trial and result.
1 Citers


 
Regina v Hillier and Farrar (1993) 97 Cr App R 349
1993
CACD

Criminal Practice
The defendant in question had not give evidence. Held: The correct approach to be followed by the judge was: "What the jury needed to be reminded of in his defence was relevant matter contained in his pre-trial statements and interviews with the police - copies of those documents were in their hands - and possibly such assistance, if any, as counsel had been able to extract from the Crown's witnesses in cross-examination . . We must make this clear yet again, namely that it is no part of a judge's duty to build up a defence for someone who has not chosen to give the jury the benefit of his version of material circumstances and events. The judge's obligation is limited to reminding the jury, in summary form, of what the defendant is said to have stated as to those matters at some time or another pre-trial and what assistance, if any, the Crown's witnesses have provided."
Police and Criminal Evidence Act 1984 74
1 Citers


 
Regina v McNeill [1993] NI 43
1993
CANI

Criminal Practice
It is a basic principle that justice must be done in public, for all to see and hear, and all communications between counsel and judge should wherever possible be made in open court.
1 Citers


 
Regina v Watford Magistrates Court ex parte Lenman [1993] CLR 388
1993
QBD
Beldam LJ and Laws J
Criminal Practice
Youths were accused of a violent disorder in the cenre of Watford. Witnesses feared for their safety and made statements to the police under pseudonyms, and at the committal hearing application was made that they give evidence under these pseudonyms, behind screens and with their voices disguised. The defendants opposed this application and the magistrates' court ruled that the witnesses should retain their anonymity but that the advocates and legal representatives should be able to see the witnesses. The dfendants now challenged the ruling. Held: There is jurisdiction at common law to admit incriminating evidence given against the defendant by anonymous witnesses, and it was "well established that there may be occasions upon which the interests of justice require that the identity of witnesses should be withheld".
1 Citers


 
Regina v Jackson [1993] 4 SCR 573
1993

McLachlin J
Criminal Practice
(Supreme Court of Canada) McLachlin J: "It is true that the trial judge charged the jury clearly and correctly on the mental state required to find Davy guilty of murder. It is also true that the jury found Davy guilty of murder. Nevertheless, I agree with the Court of Appeal that one cannot be satisfied the verdict is just, given the failure of the trial judge to set out the basis for convicting Davy of manslaughter under ss. 21(1) and 21(2) [of the Criminal Code] and the absence of any instruction that a party may be guilty of manslaughter even though the perpetrator is guilty of murder."
1 Citers


 
Regina v Central Criminal Court ex parte The Telegraph Plc [1993] 1 WLR 980; (1994) 98 Cr App R 91
1993
CACD
Lord Taylor CJ
Media, Criminal Practice
The court considered the effect of a jury trial in balancing pre-trial prejudicial publicity. Lord Taylor CJ said: "In determining whether publication of matter would cause a substantial risk of prejudice to a future trial, a court should credit the jury with the will and ability to abide by a judge's direction to decide the case only on the evidence before them. The court should also bear in mind that the staying power and detail of publicity, even in cases of notoriety, are limited and the nature of a trial is to focus the jury's minds on the evidence put before them rather than on matters outside the courtroom."
Contempt of Court Act 1981 4(2)
1 Cites

1 Citers


 
Regina v Southwark Crown Court, Ex parte Customs and Excise Commissioners [1993] 1 WLR 764
1993
QBD

Criminal Practice
The court found that there was one preparatory hearing in existence, and that that had been conducted before Judge Anwyl-Davies QC. But the trial was listed for hearing before Judge Mota Singh QC, simply because of a direction by the presiding judge that Judge Anwyl-Davies should conduct the re-trial of another case. Held: In a criminal trial there is no power to change the judge once the jury is sworn until the moment at which the jury returns to give its verdict (though another judge may take that verdict). They then applied that same principle by way of analogy to an unsevered trial of serious fraud. The judge who conducts the preparatory hearing must conduct the trial, save in exceptional circumstances: "Does the same principle apply to the trial of serious and complex fraud? Must the same judge hear the preparatory hearing and the process before the jury? The advantages of having the same judge throughout the trial of complex and serious fraud cases is set out in paragraph 6.31 of the Fraud Trials Committee Report (1986 HMSO) chaired by Lord Roskill. It is there stated at page 88: `Almost all the witnesses who discussed this agreed in their evidence that in principle the same judge should conduct the preparatory hearing and the trial itself.' The 34th recommendation of that Committee reads (page 182): `The judge presiding at the preparatory hearings must be the judge who, save in exceptional circumstances, is to conduct the trial.' In our judgment the correct principle is that stated in the 34th conclusion of the Committee, namely that the judge presiding at the preparatory hearings must be the judge who, save in exceptional circumstances, is to conduct the trial. Administrative convenience would not be a sufficient reason for changing the judge in a complex and serious fraud case between the preparatory hearings and the proceedings in front of the jury. What amounts to exceptional circumstances will have to be resolved in a case-by-case basis. Clearly the death or serious illness of the judge would qualify as an exceptional circumstance." The situation is different as between civil and criminal cases.
1 Citers


 
In Re Hooker [1993] COD 190
1993
Admn

Magistrates, Criminal Practice, Contempt of Court

Administration of Justice Act 1960 13
1 Citers


 
Regina v K (DT) Gazette, 06 January 1993
6 Jan 1993
CA

Criminal Practice
The Judge should view taped evidence before accepting a Public Interest Immunity certificate.


 
 Regina v Hartrey; CACD 12-Jan-1993 - Independent, 12 January 1993
 
Regina v Kelly Gazette, 13 January 1993
13 Jan 1993
CA

Criminal Practice
A burglary became aggravated by an intent formed after the entry but before the theft.
Theft Act 1968 10(1)(b)


 
 Regina v Manchester Crown Court ex parte Director of Public Prosecutions; QBD 20-Jan-1993 - Gazette, 20 January 1993

 
 Regina v Young; CACD 17-Feb-1993 - Gazette, 17 February 1993

 
 Regina v Rose; CACD 17-Feb-1993 - Gazette, 17 February 1993; (1993) 97 Cr App R 253

 
 Practice Direction: Criminal Justice Act 1987 Crown Court Centres; CACD 22-Feb-1993 - Ind Summary, 22 February 1993
 
Regina v Ipswich Justices Ex Parte Best Times, 23 February 1993
23 Feb 1993
QBD

Criminal Practice, Magistrates
The magistrates had no power under the new Act to deal with an offender for a breach of a probation order made under the old regime, unless he or the supervising officer so requested. The earlier provision were now repealed.
Criminal Justice Act 1991 Sch13

 
Padovani v Italy [1993] ECHR 12; 13396/87
26 Feb 1993
ECHR

Human Rights, Criminal Practice, Magistrates
Hudoc The Court considered the compatibility with Article 6(1) of a magistrate's dual function of investigation and judgment. Held: The summary investigative measures carried out by the magistrate in the particular case did not give rise to an objectively justified fear that he lacked impartiality when acting thereafter as judge in the case.
European Convention on Human Rights 6(1)
1 Citers

[ Worldlii ] - [ Bailii ]

 
 Regina v Eleftheriou (Costas and Lefterakis); CACD 26-Feb-1993 - Independent, 26 February 1993; Times, 02 March 1993

 
 Regina v Metropolitan Stipendiary Magistrate Ex parte Lee; QBD 3-Mar-1993 - Independent, 03 March 1993; [1993] EWHC Admin 6; [1993] 1 WLR 1294
 
Regina v Husbands Times, 09 March 1993
9 Mar 1993
QBD

Criminal Practice
Judge should specify which is second offence considered for sentence.
Criminal Justice Act 1991 1(2)(a)


 
 Williams and Another v Director of Public Prosecutions; QBD 9-Mar-1993 - Times, 09 March 1993

 
 Regina v Croydon Justices Ex Parte Dean; QBD 9-Mar-1993 - Independent, 09 March 1993; [1993] QB 769; (1994) 98 Cr App R 76

 
 Regina v Davis; Regina v Rowe; Regina v Johnson; CA 10-Mar-1993 - Gazette, 10 March 1993; [1993] 1 WLR 613; [1993] 97 Cr App R 110
 
Regina v Mahdi [1993] Crim LR 793
15 Mar 1993
CACD
Lord Taylor CJ and Pill and Sedley JJ
Criminal Practice
There had been delay in the prosecution. Eventually, the prosecutor sought another adjournment before Judge Clarkson, who said "it is to be recorded that this is the last time that there will be an adjournment for the benefit of the prosecution." He wrote: "I indicated to parties no further adjournment would be granted to the prosecution and that the case must be ready at the resumed hearing or else." It came back to court but the prosecutor was still not ready. Sich J then said: "I am afraid that I see no alternative but to implement the clear intention of Judge Clarkson of 27th August. I therefore invite the prosecution to consider their position very carefully, and in the light of that I think the only proper course for them is to offer no evidence on this indictment. If they choose not to do that, then I think the defence will have to apply for a stay of proceedings on the grounds of abuse of process." The matter came back yet again, and when the judge said it should proceed unless the defendant could demonstrate prejudice. The defendant appealed. Held: The conviction was quashed. Lord Taylor CJ said: "We have considered the circumstances of this case with some anxiety. We have been referred to the well-known authorities on the issue of abuse of process. In our judgment this case does not come within the scope of those authorities. Nevertheless, we feel that in the very special and exceptional circumstances of this case the submission made by Mr Akinjide ought to be upheld. We consider that had the Assistant Recorder been fully and properly informed of the course which had been taken before by two senior judges he would in all probability have followed the course which each of those learned judges indicated they would have followed had the matter come back before them.
We are not, in saying this, seeking to establish any precedent, nor do we seek to bring this particular case within any general principle in regard to abuse of process. We simply find that in the exceptional circumstances of this case an injustice was inadvertantly done to this appellant by reason of the lack of accurate information placed before the Assistant Recorder."
1 Citers


 
Ex Parte the Telegraph Plc, Ex Parte BBC, Ex Parte Newspaper Pub Plc Times, 16 March 1993
16 Mar 1993
CA

Criminal Practice
Balancing need for fair trial with need for open justice.


 
 Regina v Bayliss; CACD 16-Mar-1993 - Times, 16 March 1993; (1994) 98 Cr App R 235

 
 Regina v Ryder; CACD 16-Mar-1993 - Times, 16 March 1993; [1994] 98 Crim App R 242

 
 Regina v Jiminez-Paez; CACD 16-Mar-1993 - Times, 16 March 1993; Ind Summary, 22 March 1993
 
Chinien and Others v the State Gazette, 17 March 1993
17 Mar 1993
PC

Criminal Practice, Commonwealth
Need to concentrate on substantive law not procedure (Mauritian codes).


 
 Regina v Skinner (Martin); CACD 23-Mar-1993 - Times, 23 March 1993
 
Regina v Less Times, 30 March 1993
30 Mar 1993
CA

Criminal Practice
There was disquiet over a jurors' discussion with the defendant after a trial. Held: No enquiry was proper.
1 Citers


 
Regina v Bevan Times, 30 March 1993
30 Mar 1993
CACD

Criminal Practice
Counsel should get the Defendant to sign to confirm the matter, where it is the Defendant's own decision not to go into witness box to give evidence.

 
Regina v Chichester Justices, Ex Parte Director of Public Prosecutions Times, 30 March 1993
30 Mar 1993
QBD

Criminal Practice, Magistrates
Before advising the Magistrates on a point of law, the Clerk should first offer to hear submissions in open court from the parties.

 
Regina v Clerk to Liverpool Stipendiary Magistrate, Ex Parte Shacklady Gazette, 31 March 1993
31 Mar 1993
QBD

Criminal Practice
A defendant may not renew his application for legal aid after failing to meet contributions payable on the first Legal Aid Order which had been discharged for that reason.


 
 Regina v Vye etc; CACD 7-Apr-1993 - Gazette, 07 April 1993; Independent, 15 April 1993; [1993] 97 Cr App R 134; [1993] 1 WLR 471
 
Re Bishopsgate Investment Management Ltd Times, 27 April 1993; Independent, 08 April 1993
8 Apr 1993
CA

Criminal Practice, Insolvency
Serious Fraud Office can still require production of Insolvency Act 1986 interviews taken before charge from the liquidator even after he has been charged..
Criminal Justice Act 1987 2 - Insolvency Act 1986 236

 
Re Arrows Ltd (No 4) Independent, 08 April 1993; Gazette, 09 June 1993
8 Apr 1993
CA

Criminal Practice, Company
A Civil Court cannot stop the Serious Fraud Office using evidence which had been gathered under compulsion during Insolvency interviews under s236. Any element of confidentiality was overriden.
Criminal Justice Act 1987 2(8) 3 - Insolvency Act 1986 236
1 Cites

1 Citers


 
Re Headington Investments Ltd Independent, 09 April 1993; Independent, 14 April 1993
9 Apr 1993
CA

Insolvency, Criminal Practice
Transcripts of Insolvency examinations need not be disclosed to defendant, if they were disclosed to the Serious Fraud Office.
Insolvency Act 1986 236


 
 Regina v W (A Juvenile); CACD 12-Apr-1993 - Ind Summary, 12 April 1993

 
 Director of Public Prosecutions v Morrow, Geach and Thomas; QBD 13-Apr-1993 - Independent, 13 April 1993; [1994] Crim LR 58
 
Regina v Secretary of State for the Home Department and Another, ex parte Singh (Prem) Times, 27 April 1993; Independent, 11 June 1993
27 Apr 1993
QBD

Prisons, Criminal Practice
A prisoner who was detained 'during HM pleasure' is to be allowed to see all reports before the Parole Board considering his release save those for which Public Interest Immunity Certificate has been given.
Criminal Justice Act 1967 4 - Criminal Justice Act 1991 34


 
 Regina v Central Criminal Court Ex Parte the Telegraph Plc and Others; CACD 28-Apr-1993 - Independent, 28 April 1993
 
Regina v Marylebone Magistrate's Court ex parte Joseph Independent, 30 April 1993; Times, 07 May 1993
30 Apr 1993
QBD

Criminal Practice, Magistrates
Magistrates must properly attend proceedings whilst evidence is being given. The appearance of non attention by a Magistrate can be enough to quash the verdict.

 
Regina v Lord Chancellor ex parte the Law Society (1) Independent, 04 May 1993; Ind Summary, 20 March 1995; Times, 05 May 1993
4 May 1993
QBD

Judicial Review, Customs and Excise, Legal Aid, Costs, Criminal Practice
The introduction of a Standard Criminal Legal Aid fees regime was within the Lord Chancellor's proper range of discretion, even without consultation with the Law Society.
The meaning of 'carried entering UK' can include clothing being worn, but caution to be used by the courts not to extend the meaning unnecessarily.
Customs and Excise Management Act 1979 78(2) - Legal Aid Act 1988 34
1 Citers


 
Regina v Secretary of State for Home Department, ex parte Bateman - Regina v Same ex parte Howse Times, 10 May 1993
5 May 1993
QBD
Leggatt LJ and McCullough J
Criminal Practice
Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: "It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in which this court could properly interfere with a judgment by him that a case was not so exceptional as to justify special behaviour."
Criminal Justice Act 1988 133
1 Citers


 
Regina v Manchester Crown Court and Ashton and Others, ex parte Director of Public Prosecutions Times, 07 May 1993; Times, 26 November 1993; Gazette, 23 June 1993; Independent, 07 December 1993; Independent, 07 May 1993; [1993] 1 WLR 1524; [1993] 4 All ER 928; (1994) 98 Cr App R 461
7 May 1993
HL
Lord Browne-Wilkinson
Judicial Review, Criminal Practice
A Crown Court decision to stay an indictment for lack of jurisdiction, was not susceptible to Judicial Review. This was a 'decision affecting conduct of trial'. The House considered the meaning of the phrase “other than its jurisdiction in matters relating to trial on indictment” in the Act, deciding that the words relate only to orders directed to and affecting the exercise of its jurisdiction by the Crown Court. There is nothing to suggest that the words are intended to limit in any way the power of the High Court to make orders against any party other than the Crown Court. Judicial review would not lie to a superior court of record in the absence of express provision.
Supreme Court Act 1981 29(3)
1 Cites

1 Citers


 
Regina v Chambers Times, 07 May 1993
7 May 1993
CA

Criminal Practice
Judge using standard direction to jury must be loyal to the spirit of the direction.

 
Regina v Parole Board, ex parte Telling Times, 10 May 1993
10 May 1993
QBD

Criminal Practice
The board was to consider all the evidence in deciding on a release, not just that of the psychiatrist.
Criminal Justice Act 1991 34(4)(b)

 
Regina v Liverpool City Council ex parte the Lord Chancellor Ind Summary, 10 May 1993
10 May 1993
QBD

Criminal Practice
Judicial Review of a costs award to counsel 11 months after trial.
Prosecution of Offences Act 1985 16

 
Regina v Durham Magistrates Court, Ex Parte Davies Independent, 12 May 1993
12 May 1993
QBD

Criminal Practice
Justices must hear all prosecution evidence before refusing committal.


 
 Regina v Chambers; CACD 17-May-1993 - Ind Summary, 17 May 1993
 
Regina v Joseph Ind Summary, 21 June 1993; Times, 25 May 1993
25 May 1993
CACD

Criminal Practice
Identification evidence from a pre-trial confrontation in the cells should have been excluded from the trial.
Police and Criminal Evidence Act 1984 78

 
Steele, Ford, and Newton v Crown Prosecution Service and Another etc (Consolidated Appeals) (No 2) Independent, 10 June 1993; Times, 28 May 1993; [1994] 1 AC 22; [1993] 2 All ER 769; [1993] 2 WLR 934
28 May 1993
HL
Lord Bridge
Criminal Practice, Costs, Constitutional
The Court of Appeal Civil Division has no power to make an award of costs out of central funds. The court referred to: "the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over the levying and the expenditure of the public revenue".
Bridge alluded to the position where a party could not have recourse on costs when he had to come to court to seek relief by way of judicial review due to a misjudgement by an inferior court or tribunal. It is the position under the common law that there are occasions where a successful party may not be able to recover the costs incurred by him in correcting an error of an inferior tribunal.


 
 Regina v Carter; CA 1-Jun-1993 - Times, 01 June 1993
 
Regina v Dunphy Times, 02 June 1993
2 Jun 1993
CACD

Criminal Practice
The Cleveland guidelines should be regarded as expert advice.

 
Regina v Mitchell Independent, 02 June 1993
2 Jun 1993
CA

Criminal Practice
Directions to Juries on Indictments with more than one act in each count.

 
Regina v Gale Times, 02 June 1993
2 Jun 1993
CACD

Criminal Practice
Judges directions to jury negative impact of counsel's comments.


 
 Regina v McCluskey; CACD 4-Jun-1993 - Times, 04 June 1993; (1994) 98 Cr App R 216

 
 Regina v Caldwell; Regina v Dixon; CACD 8-Jun-1993 - Times, 08 June 1993; Independent, 17 June 1993
 
Regina v O'Shea Times, 08 June 1993
8 Jun 1993
CA

Criminal Practice
The judge can withhold spent convictions from a jury but can not say the defendant has no convictions.


 
 Regina v Orgles (Kevin) - Regina v Orgles (Julie); CACD 9-Jun-1993 - Times, 09 June 1993; Gazette, 08 September 1993; [1994] 1 WLR 108; [1994] 98 Cr App R 185

 
 Regina v Taylor (Michelle Ann) Regina v Taylor (Lisa Jane); CACD 15-Jun-1993 - Times, 15 June 1993; Independent, 15 June 1993; (1994) 98 Cr App R 361
 
Regina v Taylor (Anthony) Ind Summary, 05 July 1993; Times, 15 June 1993
15 Jun 1993
CA

Criminal Practice
The Judicial Studies Board specimen directions to be given as to the character of the defendant are to be used with care.

 
Regina v W Gazette, 16 June 1993
16 Jun 1993
CA

Criminal Practice
Attorney General can refer case heard summarily if offence only triable on indictment.

 
Regina v Arif Times, 17 June 1993
17 Jun 1993
CA

Criminal Practice
Pre-trial discussion of evidence by potential witnesses is to be to be discouraged.
1 Citers



 
 Regina v Horseferry Road Magistrates' Court, ex Parte Bennett (No 1); HL 24-Jun-1993 - Independent, 01 July 1993; Times, 25 June 1993; [1993] 3 WLR 90; [1994] 1 AC 42; [1993] UKHL 10; (1993) 3 All ER 138; (1994) 98 Cr App R 114

 
 Regina v Setz-Dempsey and Another; CACD 24-Jun-1993 - Times, 20 July 1993; Independent, 24 June 1993

 
 Regina v Richardson; CACD 28-Jun-1993 - Ind Summary, 28 June 1993; Times, 09 June 1993
 
Regina v Hawkins Times, 29 June 1993
29 Jun 1993
CA

Criminal Practice
The Judge should choose whether to wait overnight before sending the jury out.
Offences Against the Person Act 1861 18


 
 Regina v Fergus; CACD 29-Jun-1993 - Times, 30 June 1993; Independent, 29 June 1993; [1994] 98 Cr App R 313

 
 Queen v Beckford and Another; PC 30-Jun-1993 - Times, 30 June 1993; (1993) 97 Cr App R 409
 
Vincent v The Queen; Franklyn v the Queen Gazette, 30 June 1993; [1993] 1 WLR 862
30 Jun 1993
PC
Lord Woolf
Criminal Practice, Commonwealth, Constitutional
Jamaica- prosecution must provide copies of statements to defence. The provisions of section 20(1) and (6) of the Jamaican Constitution "do no more than codify in writing the requirements of the common law which ensure that an accused person receives a fair trial".
1 Citers



 
 Regina v Nadir and Another; CACD 2-Jul-1993 - Independent, 02 July 1993; Times, 02 July 1993; Gazette, 08 September 1993
 
Regina v Chelmsford Crown Court, Ex Parte Chief Constable of Essex Police Ind Summary, 05 July 1993; Times, 27 July 1993
5 Jul 1993
QBD

Judicial Review, Criminal Practice
Crown Court decision to give complaints statements to defendant not reviewable. The Supreme Court Act 1981 limits judicial review power.
Supreme Court Act 1981 28 29 31

 
Regina v Marsh Times, 06 July 1993
6 Jul 1993
CA

Criminal Practice
It is generally undesirable for judges to interrupt a witness giving evidence, particularly the defendant.

 
Regina v Secretary of State for the Home Department ex parte Bentley [1993] EWHC Admin 2
7 Jul 1993
Admn
Watkins, Neill LJJ, Tuckey J
Criminal Practice, Judicial Review
The claimant campaigned to correct what she said was a miscarriage of justice in the prosecution and conviction of her brother Derek Bently for murder. He had been hanged, and she challenged the refusal of a posthumous free pardon. Held: A decision to refuse to issue any pardon based on a failure to identify the possibility in law of a conditional pardon may be reviewable
1 Citers

[ Bailii ]
 
Regina v Secretary of State for the Home Department Ex Parte Bentley Gazette, 13 October 1993; Independent, 08 July 1993; Times, 08 July 1993; [1994] QB 349
8 Jul 1993
QBD

Criminal Practice, Judicial Review
Bentley had been convicted of the murder of a policeman. He was of low intelligence and he was captured. His co-accused still held a gun. He shouted out 'Let him have it' He was convicted, but had said that he had only intended for the gun to be surrendered. A posthumous pardon was sought. Held: The royal prerogative of pardon is a flexible power. The court recommended to the Home Secretary that he re-examine the case of Bentley who had been hanged in 1953 with a view to exercising the prerogative of mercy. Home Secretary's decision to pardon prisoner is susceptible to Judicial Review and the court could not make an order. The Home Secretary's discretion on the exercise of the prerogative of mercy is a wide discretion.
Convention and Protocol relating to the Status of Refugees 1951
1 Citers


 
Regina v Canterbury Crown Court Ex Parte Kent County Council Ind Summary, 12 July 1993; Times, 22 July 1993
12 Jul 1993
QBD

Magistrates, Criminal Practice
Costs orders made by a magistrates court are not open to appeal on their own after a settlement to oust the jurisdiction.
Consumer Protection Act 1974 16


 
 Regina v Wren; CACD 13-Jul-1993 - Times, 13 July 1993; Ind Summary, 09 August 1993; [1993] CLR 952
 
Holden and Co v Crown Prosecution Service (No 2); Steel Ford and Newton v Crown Prosecution Service and Another (No 2) Gazette, 14 July 1993; [1994] 1 AC 22; [1993] 2 All ER 769; [1993] 2 WLR 934
14 Jul 1993
HL
Lord Bridge of Harwich
Criminal Practice, Costs, Legal Professions
The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors. Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is no provision to order costs from Central funds on appeals against costs orders in criminal cases. It was just for a successful litigant, and perhaps a fortiori a successful appellant, to be able to recover his costs from someone, but it was not always so: "it is relatively commonplace for a party who is the victim of a misjudgment by an inferior court or tribunal to have to seek relief by an application for judicial review in circumstances where the Divisional Court cannot hold another party or the inferior tribunal itself liable in costs and there is no power to award costs from public funds."
1 Cites

1 Citers



 
 Regina v Gibbons; Regina v Winterburn; CACD 19-Jul-1993 - Times, 19 July 1993

 
 Regina v Wayne Ward; CACD 29-Jul-1993 - Times, 29 July 1993; (1993) 98 Cr App R 337
 
Regina v Park Times, 30 July 1993
30 Jul 1993
CA

Criminal Practice
The judge was to decide as a matter of law whether an enquiry by a policeman amounts to an interview.
Police and Criminal Evidence Act 1984 78

 
Kunnath v the State Times, 30 July 1993; Gazette, 13 October 1993
30 Jul 1993
PC

Criminal Practice, Human Rights, Commonwealth
The requirement that a trial must take place in the presence of the defendant is not limited to physical presence, but also requires a defendant to have available as necessary adequate interpretation. Unless he understood what was going on, he could not be said to have had a fair trial. It is the judge's duty to ensure effective use of an interpreter. The defendant had made it clear that he had not understood the proceedings, but the Judge had continued. The conviction was quashed.


 
 Regina v Marsh; CACD 2-Aug-1993 - Gazette, 02 August 1993

 
 Regina v Goodway; CACD 11-Aug-1993 - Gazette, 13 October 1993; Independent, 27 August 1993; Times, 11 August 1993; [1993] 98 Cr App R 11

 
 Regina v Kenny; CACD 16-Aug-1993 - Ind Summary, 16 August 1993
 
Sekanina v Austria 13126/87; (1993) 17 EHRR 221; [1993] ECHR 37
25 Aug 1993
ECHR

Human Rights, Criminal Practice
The applicant was detained on remand for about a year on suspicion of murdering his wife. He was acquitted by a jury. He applied for compensation for costs incurred in his defence and pecuniary damage sustained during his detention under the relevant Austrian legislation. On the ground that suspicion remained concerning the applicant's involvement in his wife's death the Austrian authorities rejected the claim. Held: The court found a violation of article 6(2): "The voicing of suspicions regarding an accused's innocence is conceivable as long as the conclusion of criminal proceedings has not resulted in a decision on the merits of the accusation. However, it is no longer admissible to rely on such suspicions once an acquittal has become final" and "No authority may treat a person as guilty of a criminal offence unless he has been convicted by the competent court and in the case of an acquittal the authorities may not continue to rely on the charges which have been raised before that court but which have been proved to be unfounded. This rule also applies to courts which have to deal with non-criminal consequences of behaviour which has been subject to criminal proceedings. They must be bound by the criminal court's finding according to which there is no criminal responsibility for the acts in question although this naturally does not prevent them to establish, eg a civil responsibility arising out of the same facts."
European Convention on Human Rights 6(2)
1 Citers

[ Bailii ] - [ Bailii ]

 
 Regina v Fitzgibbon; CACD 3-Sep-1993 - Independent, 03 September 1993

 
 Regina v Cheema; CACD 5-Sep-1993 - Gazette, 03 November 1993; Times, 06 October 1993; Independent, 05 September 1993; [1994] 1 WLR 147; (1993) 98 Cr App R 195

 
 Regina v Jennings, Regina v Johnson, Regina v Mullins; CACD 6-Sep-1993 - Ind Summary, 18 October 1993; Ind Summary, 06 September 1993; Times, 29 October 1993; (1993) 98 Cr App R 308
 
Regina v Crown Prosecution Service Ex Parte Warby Independent, 16 September 1993
16 Sep 1993
QBD

Criminal Practice
The CPS non-disclosure of unused material only to be challenged at Crown Court.

 
Saidi v France [1993] ECHR 39; 14647/89; (1993) 17 EHRR 251
20 Sep 1993
ECHR

Human Rights, Criminal Practice
S had been convicted on the basis of the evidence of drug addicts and in the situation where there was no opportunity to confront the witness. Held: "The court reiterates that the taking of evidence is governed primarily by the rules of domestic law, and that it is in principle for the national courts to assess the evidence before them. The court's task under the Convention is to ascertain whether the proceedings in their entirety, including the way in which evidence was taken, were fair. All the evidence must normally be produced in the presence of the accused at a public hearing, with a view to adversarial argument. However, the use as evidence of statements obtained at the stage of the police enquiry and judicial investigation is not in itself inconsistent with Article 6(3)(d) and (1) provided that the right to the defence had been respected. As a rule these rights require that the defendant be given an adequate and proper opportunity to challenge and question the witness against him either when he was making a statement or at a later stage of the proceedings." However there had been a breach of Article 6 since the testimony constituted "the sole basis" for the applicant's conviction, and the lack of any confrontation had deprived the defendant in certain respects of "a fair trial". The court recognised the difficulties of the fight against drug trafficking, but "such considerations cannot justify restricting to this extent the rights of the defence of everyone charged with a criminal offence."
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]

 
 Re Guardian Newspapers and Others; CACD 20-Sep-1993 - Times, 26 October 1993; Ind Summary, 20 September 1993

 
 Zumtobel v Austria; ECHR 21-Sep-1993 - 12235/86; [1994] 17 EHRR 116; [1993] ECHR 41; [1993] ECHR 41

 
 Regina v Teasdale; CACD 27-Sep-1993 - Ind Summary, 27 September 1993

 
 Regina v Palmer; CA 5-Oct-1993 - Ind Summary, 25 October 1993; Times, 05 October 1993

 
 Regina v Berry; CACD 6-Oct-1993 - Independent, 06 October 1993
 
Daley v The Queen Times, 12 October 1993
12 Oct 1993
PC

Criminal Practice, Commonwealth
A judge had a duty to withdraw an unclear case from the jury with or without representations from the Defendant.

 
Regina v Reade and others Unreported, 15 October 1993
15 Oct 1993
CACD
Garland J
Criminal Practice
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".
1 Citers



 
 Regina v Berry; CACD 19-Oct-1993 - Times, 19 October 1993
 
Warby v Crown Prosecution Service ex parte Warby Times, 20 October 1993
20 Oct 1993
QBD

Criminal Practice
Only a Crown Court has jurisdiction to order the withholding of unused material.

 
Regina v Harrow Crown Court Ex Parte Dave Times, 20 October 1993; [1994] 99 Cr App R 114; [1994] 1 WLR 98; [1994] 1 All ER 315
20 Oct 1993
QBD
Pill LJ
Criminal Practice
A Crown Court when sitting as an appellate court must give reasons for its decision. The court reviewed earlier decisions, and concluded that where a court is going to reject expert evidence it must give proper reasons: "The appellant was entitled to know the basis upon which the prosecution case had been accepted by the court. In the present case, that involved knowing the process by which the apparently powerful points in favour of the defence had been rejected."
1 Citers


 
Regina v McCarthy Times, 21 October 1993
21 Oct 1993
CA

Criminal Practice
Prosecution has a duty to disclose all information which might alert the defendant to a possible defence.


 
 Regina v Downes; Regina v Rawlinson; CACD 25-Oct-1993 - Ind Summary, 25 October 1993

 
 Regina v Kirklees Metropolitan Council ex parte Tesco; QBD 26-Oct-1993 - Times, 26 October 1993
 
Practice Direction (Crime Antecedents) Times, 26 October 1993
26 Oct 1993
CA

Criminal Practice
Sets standard forms for antecedent history for prosecution to provide in Crown Court.


 
 Regina v Secretary of State for the Home Department, ex parte Hickey and Others; QBD 28-Oct-1993 - Times, 28 October 1993

 
 Regina v Secretary of State for the Home Department, ex parte Mccartney; Admn 28-Oct-1993 - Times, 28 October 1993; Independent, 16 November 1993

 
 Regina v V; CA 1-Nov-1993 - Ind Summary, 01 November 1993
 
Walker and Another v Regina; Douglas v The Same; Glanville v Same Times, 04 November 1993; Gazette, 19 January 1994; Independent, 11 November 1993; [1994] 2 AC 36
4 Nov 1993
PC

Criminal Practice, Human Rights, Commonwealth, Constitutional
The Privy Council lacked jurisdiction to hear appeals against sentence on ground of delay, and until all domestic remedies have been exhausted.
1 Citers



 
 Regina v Preston, Preston, Clarke Etc; HL 5-Nov-1993 - Times, 05 November 1993; Gazette, 19 January 1994; Independent, 09 November 1993; [1994] 2 AC 130

 
 Regina v Ettrick Trout Co Ltd; CACD 8-Nov-1993 - Ind Summary, 08 November 1993
 
Regina v Thames Metropolitan Stipendiary Magistrate and Another, ex parte Hackney London Borough Council Times, 10 November 1993
10 Nov 1993
QBD

Criminal Practice
An offence was committed on a continuing basis and on each day that the food hygiene regulations were not complied with.
Food Hygene Regulations 1970 (1970 No 1172)


 
 Regina v Okafor; CACD 10-Nov-1993 - Gazette, 24 November 1993; Ind Summary, 22 November 1993; Times, 10 November 1993; (1994) 99 Cr App Rep 97; [1994] 3 All ER 741

 
 British Waterways Board v Norman; QBD 11-Nov-1993 - Ind Summary, 29 November 1993; Times, 11 November 1993; [1993] 22 HLR 232
 
Regina v Williams (Winston Anthony) Gazette, 12 January 1994; Times, 11 November 1993
11 Nov 1993
CA

Criminal Practice
The judge was correct to bring up matters of fact and leave alternative verdict to jury even though not proposed by parties.


 
 Regina v Horseferry Road Justices, Ex Parte Bennett (No 2); QBD 12-Nov-1993 - Independent, 12 November 1993; Times, 01 April 1994; Times, 26 November 1993; Independent, 06 May 1994; [1993] CLY 809

 
 Regina v Chan-Fook; CACD 15-Nov-1993 - Times, 19 November 1993; Ind Summary, 15 November 1993; [1994] 99 Cr App R 147
 
Regina v Ofori, Regina v Tackie Times, 17 November 1993; Gazette, 08 December 1993; (1994) 99 Cr App R 223
17 Nov 1993
CA

Criminal Practice, Immigration
Court has power to grant bail or to release a person, pending their appeal despite the existence of a deportation order.
1 Citers


 
Re K Independent, 23 November 1993
23 Nov 1993
FD

Criminal Practice
Evidence in Children Act proceedings released for defence in criminal case.
Children Act 1989 98

 
Imbrioscia v Switzerland [1993] ECHR 56; 13972/88; (1994) 17 EHRR 441
24 Nov 1993
ECHR
Ryssdal, President, De Meyer J
Human Rights, Criminal Practice
The applicant had been questioned several times without access to a lawyer while he was in police custody. Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the concept of a fair trial in criminal proceedings in article 6(1). The way in which articles 6(1) and 6(3)(c) were to be applied during the preliminary investigation depended on the special features of the proceedings and on the circumstances of the case.
Judge De Meyer (dissenting) said that the court had failed to recognise the rules governing the right to legal advice during custodial interrogation which the Supreme Court has summarised in its Miranda judgment and which he said belonged to the very essence of fair trial.
European Convention of Human Rights 6(1) 6(3)(c)
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Goodwin Ind Summary, 06 December 1993; Times, 26 November 1993
26 Nov 1993
CA

Evidence, Criminal Practice
A defendant's claim of ignorance need not be considered to be an attack on the veracity of police officers.


 
 Regina v Micallef; CA 26-Nov-1993 - Gazette, 08 December 1993; Times, 26 November 1993

 
 Regina v Kearley, Regina v Harris (Lee); CACD 29-Nov-1993 - Ind Summary, 24 January 1994; Times, 29 November 1993; Gazette, 12 January 1994
 
Regina v Nealis Ind Summary, 29 November 1993
29 Nov 1993
CA

Criminal Practice
A summation insinuating guilt was not saved from unfairness by simply saying to the jury that these are 'matters for you'.

 
Regina v Martinez-Tobon Gazette, 02 February 1994; Times, 01 December 1993; Independent, 30 November 1993
30 Nov 1993
CA

Criminal Practice
Guidance was given to judges about commenting to juries with regard to silent defendants. Held: A judge could be right to comment where the defendant remained silent whilst relying on facts within his own knowledge.

 
Regina v Schaub, Regina v Cooper (Joey) Times, 03 December 1993; Gazette, 02 February 1994
3 Dec 1993
CA

Criminal Practice, Criminal Evidence
The use of witness screens is prejudicial to the defendant, and are only to be used exceptionally to protect adults.


 
 Regina v Kingston Upon Thames Justices, Ex Parte Martin; QBD 10-Dec-1993 - Times, 10 December 1993
 
Regina v Downes, Regina v Rawlinson Times, 10 December 1993
10 Dec 1993
CA

Criminal Practice
Direction on mixed exculpatory and incriminating statements.


 
 Regina v Kelt; CA 15-Dec-1993 - Gazette, 26 January 1994; Times, 15 December 1993
 
Regina v Melvin Unreported, 20 December 1993
20 Dec 1993

Jowitt J
Criminal Practice
The court considered what material should be disclosed by a prosecutor: 'I would judge to be material in the realm of disclosure that which can be seen on a sensible appraisal by the prosecution: (1) to be relevant or possibly relevant to an issue in the case; (2) to raise or possibly raise a new issue whose existence is not apparent from the evidence the prosecution proposes to use; (3) to hold out a real (as opposed to fanciful) prospect of providing a lead on evidence which goes to (1) or (2).'"
1 Citers


 
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