swarb.co.uk - law index
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: 1994 To: 1994
This page lists 153 cases, and was prepared on 21 May 2019.
Regina v Bentley [1994] 95 Cr App R 342
1994
CACD
Criminal Practice
Referring to the summing up upon the identification issues: "There is no doubt that there were two matters missing from it. The first was that there was no warning as to the dangers of identification evidence and the reasons for those dangers existing, namely the experience the Courts have had of mistakes in the past". Both types of warning had been called for and the absence of them was a material misdirection.
1 Citers
Regina v Bristol Magistrates' Court, ex parte Rowles [1994] RTR 40
1994
Farquharson LJ
Magistrates, Criminal Practice
A court should grant an adjournment where a party's witness was unable to attend, and that witness' evidence was critical for a real issue in the case. Adjournments give rise to a proper sense of frustration in Justices confronted with frequent applications.
1 Citers
Regina v McLusky (1994) 98 Cr App R 216
1994
CACD
Contempt of Court, Criminal Practice
Any passing of information about jury activities threatened the secrecy of the jury room, and was potentially in contempt.
Contempt of Court Act 1981 8
1 Citers
Regina v Cilgram (1994) Crim LR 861; 93/1580/Y3
1994
CACD
Buxton LJ, Farquharson LJ, Rix J
Criminal Practice
There were seven charges. Counts 1 to 5, on which the appellant was convicted, were of sexual offences which took place when the victim was aged between 5 and 12 years. Count 5 was a charge of rape. There were two counts, 6 and 7 in the indictment, of which he was acquitted. Count 6 was a charge of rape when the victim was aged between 13 and 18, and count 7 during the same period when the charge was one of buggery. Held: In the very particular circumstances of this case the court quashed the convictions. In an exceptional case a verdict may be quashed because, although there is no logical inconsistency between the verdicts returned, the particular facts and circumstances of the case render the verdict unsafe. The court however expressly rejected the submission that, where a complainant's credibility is in issue and her evidence is uncorroborated, guilty verdicts must be regarded as unsafe because the jury also returned not guilty verdicts in relation to some of the complainant's allegations.
Buxton LJ said: "A person's credibility is not a seamless robe, any more than is their reliability. The jury had to consider, as they were rightly directed, each count separately and might take a different view of the reliability of the evidence on different counts."
Rix J said: "If the jury were not sure that [she] was telling the truth about count 6, and particularly count 7 (the buggery count), how could the jury be sure that she was telling the truth about the earlier episodes? It was not as though there was any evidence to corroborate her in circumstances where the jury had to be directed . . Nevertheless in the particular circumstances of this case, which is both a case of an uncorroborated sexual complaint and also one in which the jury's doubts about the complainant's evidence has been established in particular by their failure to convict on the count of buggery, which did not require consent, and where all they had to be sure of therefore was the occurrence of the acts themselves, we think that these convictions are ones which no reasonable jury could have come to in the light of their verdicts of acquittal. . . in the light of these acquittals, and in the particular circumstances of this case, as we have emphasised, we regard the convictions as unsafe and we accordingly quash them."
1 Citers
Regina v Follen; 1994 - [1994] Crim LR 225
Regina v Sharp [1994] QB 261
1994
CACD
Criminal Practice
The defendant appealed complaining of the judge's interference in his cross-examination. Held: "In general, when a cross-examination is being conducted by competent counsel a judge should not intervene, save to clarify matters he does not understand or thinks the jury may not understand. If he wishes to ask questions about matters that have not been touched upon it is generally better to wait until the end of the examination or cross-examination. This is no doubt a counsel of perfection and a judge should not be criticised for occasional transgressions, still less can it be said in such cases that there is any irregularity in the conduct of the trial or that the verdict is unsafe or unsatisfactory. But there may come a time, depending on the nature and frequency of the interruptions, that a reviewing court is of the opinion that defence counsel was so hampered in the way he properly wished to conduct the cross-examination that the judge's conduct amounts to a material irregularity."
1 Citers
Suffolk County Council v Rexmore Wholesale Service Limited [1994] 159 JP 390
1994
Admn
Buxton J
Criminal Practice, Costs
A costs order had been made against the prosecution, who now appealed. Held: It was necessary to look at the relevant decisions at the point the proceedings were instituted rather than applying a level of knowledge gathered later: "With the greatest respect to the Magistrates, one has to say that there is a substantial degree of hindsight in that judgment. Looking at the matter in advance, as prosecutors have to, there was clearly a serious question to be discussed, and properly brought before the Magistrates. In my judgment, had the Magistrates considered that aspect of the case, and considered the prosecutor's position before the case was brought, they could not have concluded that the prosecution had been an improper one in terms of the guidance given by Nolan LJ in DPP v Denning."
1 Cites
1 Citers
Regina v Follon; CACD 1994 - [1994] Crim LR 225
Regina v Ward and Regina v Keane [1994] 1 WLR 746; [1994] 2 All ER 478; (1994) 99 Cr App R 1; [1995] Crim LR 225
1994
Taylor CJ
Criminal Practice
Taylor CJ said: "Where the prosecution rely on public interest immunity or sensitivity, given that it is for the court to decide whether disclosure is to be made and the scope of cross-examination, what ought the court's approach to be? . . the court has to carry out a balancing exercise. As Mann LJ put it in Reg v Governor of Brixton Prison, Ex parte Osman [1991] 1 WLR 281, 288: 'Suffice it to say for the moment that a judge is balancing on the one hand the desirability of preserving the public interest in the absence of disclosure against, on the other hand, the interests of justice. Where the interests of justice arise in a criminal case touching and concerning liberty . . the weight to be attached to the interests of justice is plainly very great indeed."
1 Citers
Regina v Tredwen Times, 03 January 1994
3 Jan 1994
CA
Criminal Practice
Figures agreed in confiscation proceedings are conclusive at all stages.
Drug Trafficking Offenders Act 1986 3
Regina v Crutchley, Regina v Tonks Times, 03 January 1994
3 Jan 1994
CACD
Criminal Practice
Compensation orders to recompense loss resulting from offences charged.
Powers of Criminal Courts Act 1973 35-1
Regina v Smith Ind Summary, 10 January 1994
10 Jan 1994
CA
Criminal Practice
The Judge is to warn the jury of possibility of innocent explanations for Defendant's lies.
Chan Wai-Keung v The Queen; PC 10-Jan-1994 - Times, 21 December 1994; Independent, 10 January 1994; [1995] 2 Cr App R 194; [1994] UKPC 47
Regina v Strudwick and Another Independent, 18 January 1994
18 Jan 1994
CA
Criminal Practice
Expert evidence of parent's own abuse not admissible where brutality is alleged.
Regina v Canterbury and St Augustine Justices Ex Parte Barrington Ind Summary, 24 January 1994
24 Jan 1994
QBD
Criminal Practice
Police need not go to excessive lengths to serve summons for minor offence.
Regina v Chelmsford Crown Court Ex Parte Chief Constable of Essex; QBD 26-Jan-1994 - Gazette, 26 January 1994; [1994] 1WLR 359
Regina v Williams, Regina v Smith; CACD 27-Jan-1994 - Times, 27 January 1994; [1995] 1 CAR 74
Stilgoe v Eager; QBD 27-Jan-1994 - Times, 27 January 1994
Regina v Central Criminal Court Ex Parte Guney Gazette, 23 March 1994; Independent, 10 February 1994; Times, 01 February 1994; [1994] 1 WLR 438
1 Feb 1994
QBD
Ralph Gibson LJ
Criminal Practice
An arraignment was valid despite non attendance at court, and the surety's duties were not terminated. Arraignment in absence if defendant is not a surrender to custody for bail.
Bail Act 1946 3 - Magistrates' Courts Act 1980 128
1 Citers
Regina v Heath; CACD 1-Feb-1994 - Gazette, 30 March 1994; Times, 10 February 1994; [1994] Crim LR 205
French and Another v Director of Public Prosecutions Times, 10 February 1994
10 Feb 1994
QBD
Criminal Practice
Justices may acquit of theft and convict of handling where alternate charge.
Regina v Whybrow; Regina v Saunders Times, 14 February 1994
14 Feb 1994
CACD
Criminal Practice
The judge had gone beyond proper intervention and had descended into the arena. The defendant's convictions were quashed.
Regina v Hurst Ind Summary, 14 February 1994
14 Feb 1994
CA
Criminal Practice
Law reform necessary to require Defence to disclose defence of duress.
Regina v Cambridge Gazette, 23 March 1994; Ind Summary, 28 February 1994; Times, 15 February 1994
15 Feb 1994
CA
Crime, Criminal Practice
The Judge must leave the issue of provocation to the jury if there is evidence to raise the issue, even if it had not been argued for by either prosecution or defendant.
Homicide Act 1957 3
Regina v Chief Constable of South Wales and Another Ex Parte Merrick; QBD 17-Feb-1994 - Independent, 01 April 1994; Times, 17 February 1994; [1994] 1 WLR 663
Regina v Khan (Abdul) Ind Summary, 21 February 1994; Times, 24 February 1994
21 Feb 1994
CA
Criminal Sentencing, Criminal Practice, Magistrates
A Youth Court must delay its sentence of a youth where that youth had been committed to the Crown Court for other offences, until that procedure was complete.
Regina v Guthrie Times, 23 February 1994; Ind Summary, 21 February 1994
21 Feb 1994
CACD
Criminal Practice
A judge should not normally tell a jury when he will accept a majority verdict, but doing so was not a fundamental flaw in the proceedings such as to allow an appeal.
Regina v L; CA 21-Feb-1994 - Ind Summary, 21 February 1994; Times, 16 March 1994
Regina v Northamptonshire Magistrates ex parte Commissioners of Customs and Excise; QBD 23-Feb-1994 - Independent, 23 February 1994
Bendenoun v France 12547/86; (1994) 18 EHRR 54; [1994] ECHR 7; [1994] ECHR 7
24 Feb 1994
ECHR
Human Rights, Criminal Practice
The applicant complained of non-disclosure by the prosecution. Held: His application failed because the undisclosed material had not been relied on by the prosecution and he had given no sufficiently specific reasons for requesting the material in question. The case concerned a provision in the tax code which was applicable to all citizens. No violation of Art. 6-1; Not necessary to examine P1-1
European Conventtion on Human Rights 6.1
1 Citers
[ Bailii ] - [ Bailii ]
Brooks v Director of Public Prosecutions and Another; PC 2-Mar-1994 - Gazette, 02 March 1994; [1994] 1 AC 568; [1994] UKPC 1
Regina v Dover Justices Ex Parte Pamment Times, 03 March 1994
3 Mar 1994
QBD
Criminal Practice
Magistrates may still commit for sentence after a trial, but should use the jurisdiction with caution.
Regina v Pacey; CACD 3-Mar-1994 - Times, 03 March 1994
Regina v Sheffield Crown Court ex parte Director of Public Prosecutions Times, 03 March 1994; (1994) 15 Cr App R (S) 768
3 Mar 1994
QBD
Kennedy LJ, Scott Baker J
Criminal Practice
Crown Court may only remit case committed for sentence where there had been a plain error. The Court upheld the validity of the decision of the stipendiary magistrate to commit the matter to the Crown Court for sentence and set aside the Crown Court's decision to the contrary.
Kennedy LJ said: " But in any event . . the Crown Court had no power to go behind the order of the Magistrates' court which committed these matters to the Crown Court for sentence. That order was, on the face of it, a valid order. If it was to be challenged, it could only be properly challenged in this Court [i.e., the Divisional Court]. The position can be different where the order is obviously bad on the face of it, for example, where a case has been purportedly committed for trial when the offence is one which can only be tried summarily . . but that is not this case. "
Scott Baker J said: " Only where a committal is plainly invalid on its face should it be sent back by the Crown Court."
1 Citers
Regina v Manchester City Magistrates' Court ex parte Kaymanesh Times, 03 March 1994
3 Mar 1994
QBD
Criminal Practice
A committal of a defendant for sentence after the magistrates have accepted jurisdiction to hear a cases, should normally be only after new material comes to light.
Regina v Huntingdon Magistrates' Court, Ex Parte Percy Times, 04 March 1994
4 Mar 1994
QBD
Criminal Practice
Justices who refused to state a case for the Divisional Court could make themselves liable for costs.
Regina v Marston Ind Summary, 07 March 1994
7 Mar 1994
CA
Criminal Practice
A single count was appropriate despite the defendant's statement that there had been two incidents.
Regina v Director of Public Prosecutions, Ex Parte C Gazette, 07 September 1994; Times, 07 March 1994
7 Mar 1994
QBD
Crime, Children, Criminal Practice
The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act.
Prosecution of Offenders Act 1985 10
1 Citers
Regina v Guppy and Another Times, 08 March 1994; (1995) 16 Cr App R(S) 26
8 Mar 1994
CACD
Criminal Practice
Court of Appeal (Criminal Division) may hear (but not require) evidence in person from an appellant.
1 Citers
Regina v Wilkinson and Another Ind Summary, 14 March 1994
14 Mar 1994
CACD
Criminal Practice
Judge to warn jury on Thursday if likely to be out overnight on Friday.
Regina v Quinn; CACD 15-Mar-1994 - Ind Summary, 04 April 1994; Times, 15 March 1994; [1995] 1 Cr App Rep 480
Regina v Keane; CACD 15-Mar-1994 - Independent, 16 March 1994; Times, 15 March 1994; [1994] 1 WLR 746; [1994] 2 All ER 478; (1994) 99 Cr App R 1
Regina v Dewsbury Magistrates Court, Ex Parte K Times, 16 March 1994
16 Mar 1994
QBD
Criminal Practice
The Court's convenience does not justify a trial in the absence of the defendant.
Magistrates Courts Act 1980 142
Regina v Weerdesteyn Times, 17 March 1994
17 Mar 1994
CACD
Criminal Practice
Questioning by customs officer is to follow the PACE codes of conduct.
Regina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others Independent, 29 March 1994; Times, 05 April 1994; (1995) 1 Cr App R 26
17 Mar 1994
QBD
Laws J
Criminal Practice
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for the order.
Criminal Justice (International Cooperation) Act 1990 7
1 Citers
Regina v Johnson (Aldin); CA 22-Mar-1994 - Times, 22 March 1994; Gazette, 11 May 1994
Regina v Menard Times, 23 March 1994
23 Mar 1994
CACD
Criminal Practice
Information which had been volunteered without questions was not an interview for PACE purposes.
Police and Criminal Evidence Act 1984 84, 86
Drake v Director of Public Prosecutions Times, 04 April 1994
4 Apr 1994
QBD
Criminal Practice
A wheel clamp affects the likelihood of driving of a person not fit to drive.
Road Traffic Act 1988
Regina v Mouqni Times, 04 April 1994
4 Apr 1994
CA
Criminal Practice
Judge to decide if jury need warning over prosecution witness's motive.
Regina v Hamer Ind Summary, 04 April 1994
4 Apr 1994
CACD
Criminal Practice
It is wrong to sentence on one count on a factual basis which had been rejected by the jury on another count in the same trial.
Regina v Barnet Magistrates Court Ex Parte Director of Public Prosecutions; QBD 8-Apr-1994 - Times, 08 April 1994
Regina v Downey; CA 8-Apr-1994 - Independent, 08 April 1994
Stanford v United Kingdom; ECHR 11-Apr-1994 - Ind Summary, 11 April 1994; Times, 08 March 1994; 16757/90; [1994] Ser A No 282-A; [1994] ECHR 6
Regina v McLeod; CA 14-Apr-1994 - Times, 14 April 1994
Regina v Williams Unreported, 15 April 1994
15 Apr 1994
CACD
Criminal Practice
Where the prosecution had taken a statement which undermined the credibility of a witness supporting a defence alibi, the prosecution was not obliged to give a copy of the statement to the defence.
1 Citers
Regina v Williams (Michael) Unreported, 15 April 1994
15 Apr 1994
CACD
Criminal Practice
It was argued that wherever the Crown have, as a result of their investigation of the contents of a notice of alibi, found material which goes to disprove the alibi, they must call it as part of the prosecution case. Held: The court rejected the argument but agreed that it would be absurd if the prosecutor, having investigated the alibi, were to be obliged to reveal to the defence a statement from a witness which suggested that the alibi might be a false one.
1 Citers
Regina v Elington and Another Ind Summary, 18 April 1994
18 Apr 1994
CA
Criminal Practice
Cross-examination of a defendant on his previous offences was limited to questions as to his credit and was not to suggest a propensity.
Regina v Kemp Times, 25 April 1994; [1995] 1 Cr App R 151
25 Apr 1994
CACD
Criminal Practice
A judge should do no more than intimate that the jury has right to stop a trial.
1 Citers
Regina v Redman Times, 25 April 1994
25 Apr 1994
CA
Criminal Practice
The appeal should be allowed where the trial judge errs in summarising a case and did not correct his mistake.
Regina v Redman Ind Summary, 02 May 1994
2 May 1994
CA
Criminal Practice
The Judge is to resolve issues of law before counsel's closing speeches. He should raise them in summing up.
Regina v Kemp Ind Summary, 02 May 1994
2 May 1994
CA
Criminal Practice
Judge was wrong to go beyond reminding jury of right to acquit; shouldn't invite it.
Practice Statement (Chancery Division: Hearing Dates) Times, 03 May 1994
3 May 1994
ChD
Criminal Practice
Hearing date targets set for varying categories of cases-parties to be ready.
Regina v Sullivan Times, 03 May 1994
3 May 1994
CACD
Criminal Practice
The court must ask who is the possible audience for publication obscene matter when the charge is having control.
Obscene Publications Act 1959 1(1)(3)
Regina v Deakin Gazette, 01 June 1994; Times, 03 May 1994; Ind Summary, 02 May 1994
3 May 1994
CA
Criminal Practice, Criminal Evidence
An expert psychologist's evidence as to the competence of a disabled witness, should be heard in the absence of the jury.
In Re J L, In Re Drug Trafficking Offences Act 1986 (Designated Courts Order 1990) Times, 04 May 1994
4 May 1994
QBD
Criminal Practice
An order to restrain funds was available here though foreign proceedings were in rem.
Drug Trafficking Offences Act 1986
Regina v Zoppola-Barraza; CACD 6-May-1994 - Times, 06 May 1994; [1994] Crim LR 83
Bank of England v Gibson Times, 09 May 1994; Ind Summary, 30 May 1994
9 May 1994
QBD
Criminal Practice, Litigation Practice
A court need not be satisfied as to the exact date of a theft, in order to make a finding that a theft had happened. The level of proof required in civil fraud cases will vary with the seriousness of allegation.
Regina v Smithson Times, 10 May 1994; Gazette, 15 June 1994; Ind Summary, 13 June 1994
10 May 1994
CACD
Criminal Practice
Orders made under S.6(4) of Criminal Justice Act, being interim orders of a Crown Court judge, are not appealable.
Criminal Justice Act 1987 7 9(4), 9(11)
RO v United Kingdom Unreported, 11 May 1994; 23094/93
11 May 1994
ECHR
Human Rights, Criminal Practice
(Commission) The applicant complained that the court had refused to allow him to withdraw his plea of guilty: "It is in the first place for the domestic authorities to determine rules regulating procedural aspects of criminal proceedings, subject to the supervisory jurisdiction of the Convention organs in considering the fairness of proceedings (cf. the Commission's approach in No. 12002/86, Dec. 8.3.88, D.R. 55p.218).
The Commission considers that a rule which militates against changes of pleas which are unequivocal and voluntary cannot be said to compromise the fairness of proceedings as such. The Commission will therefore consider the impact of the refusal to permit the applicant to change his plea on the proceedings as a whole."
European Convention on Human Rights 6
1 Citers
Regina v Maxwell; CACD 11-May-1994 - Times, 11 May 1994; [1994] Crim LR 848
Regina v Farooq, Ramzan Times, 13 May 1994
13 May 1994
CA
Criminal Practice
Judge and counsel are to assess together the course of an action after a juror made a telephone call after retiring.
Regina v Browning Independent, 17 May 1994
17 May 1994
CA
Criminal Practice
Police failure to follow hypnosis guidelines and to disclose the evidence was an irregularity.
Regina v Sunderland Justices ex parte Dryden Times, 18 May 1994
18 May 1994
QBD
Criminal Practice
Justices were to allow an adjournment for the defendant to obtain an expert report because the prosecution witness was independent.
Regina v Mandair Gazette, 22 June 1994; Independent, 20 May 1994; Times, 20 May 1994; [1995] 1 AC 208
20 May 1994
HL
Criminal Practice
The House of Lords may itself determine the grounds of an appeal, and deal with matters undetermined by Court of Appeal. A verdict of 'causing GBH' (not inflicting) was not an offence unknown to law. A verdict of 'causing GBH contrary to s20' was wide enough to include the offence of inflicting grievous bodily harm.
Offences Against the Person Act 1861 20 - Criminal Appeal Act 1968
1 Cites
1 Citers
Regina v Rasheed Gazette, 29 June 1994; Ind Summary, 20 June 1994; Times, 20 May 1994
20 May 1994
CA
Criminal Practice
The fact that a reward had been offered to a prosecution witness must always be disclosed to the defence. The failure here was a material irregularity in the trial.
Regina v Court (Richard Thomas) Times, 25 May 1994
25 May 1994
CA
Criminal Practice
The Judge must avoid undue pressure on jury but jurors to raise particular problems.
Regina v Daghir; Regina v Speckman Times, 27 May 1994; Independent, 07 June 1994
27 May 1994
CACD
Criminal Practice
A Judge's confusion over the scope of possible military use was not remediable by the Court of Appeal.
Criminal Appeal Act 1968 2
Regina v Quarry and Another; CACD 30-May-1994 - Ind Summary, 30 May 1994
Regina v Thornton Ind Summary, 04 July 1994; Ind Summary, 22 August 1994; Times, 02 June 1994
2 Jun 1994
CACD
Criminal Practice
A judge is to give the jury a full Turnbull warning on identification evidence if identity is disputed. The defendant was at the scene, but denied his involvement.
1 Cites
Regina v Brown (Winston) Independent, 22 June 1994; Gazette, 31 August 1994; Times, 20 June 1994; [1994] 1 WLR 1599
20 Jun 1994
CACD
Criminal Practice
The Crown Prosecution Service was under no obligation to disclose evidence which might be damaging to a Defendant's witness' credibility. The Attorney General's disclosure guidelines do not have the force of law and need updating.
1 Citers
Regina v Hastings Justices, Ex Parte McSpirit Times, 23 June 1994
23 Jun 1994
QBD
Criminal Practice
Justices are to consider spent convictions only if there was no other way of doing justice.
Rehabilitation of Offenders Act 1974 7-3
Regina v Ormskirk Justices, ex parte Davies Times, 23 June 1994
23 Jun 1994
QBD
Criminal Practice
Examining Justices are to carry out all functions themselves. There can be no delegation to another bench.
Regina v Metropolitan Stipendiary Magistrate ex parte Serious Fraud Office Independent, 24 June 1994
24 Jun 1994
QBD
Criminal Practice
There was no reasonable excuse for a suspect not answering SFO questions after he had been charged.
Criminal Justice Act 1987 2(13)
Regina v Beconsfield Justices Ex Parte Westminster Press Ltd Times, 28 June 1994
28 Jun 1994
QBD
Criminal Practice
Justices to be slow restricting reports under 4(2) when powers used MCA 80 s8.
Contempt of Court Act 1981 4(2) - Magistrates Courts Act 1980 8
Regina v Elson Times, 30 June 1994
30 Jun 1994
CACD
Criminal Practice
PACE codes are there to protect suspects against the overwhelming power of the state, and must be followed.
Police and Criminal Evidence Act 1984
Regina v Wellingborough Justices ex parte Francois Times, 01 July 1994
1 Jul 1994
QBD
Criminal Practice
A prosecutor's decision not to call a witness who was due to appear elsewhere, was improper.
Regina v Hook Times, 07 July 1994
7 Jul 1994
CACD
Criminal Practice
The judge was correct to comment on reliance on the defendant's statement to the police where his court evidence contradicted it.
Freemantle v The Queen Ind Summary, 29 August 1994; Gazette, 12 October 1994; Times, 07 July 1994; [1994] 1 WLR 1437
7 Jul 1994
PC
Evidence, Criminal Practice, Commonwealth
The judge's warning to the jury about its dangers is needed, when the jury were being asked to consider uncorroborated visual identification evidence, unless, and exceptionally, the evidence is of such good quality as to stand without a warning. In this case though, although the direction was defective, the two eye witnesses had known the defendant for several years.
1 Citers
Regina v Spencer (John) Times, 14 July 1994
14 Jul 1994
CACD
Criminal Practice
A Judge's directions may go beyond the standard directions but not to an excess.
Regina v Campbell; CACD 14-Jul-1994 - Times, 14 July 1994; Ind Summary, 29 August 1994
Regina v Stewart (Benjamin James) Times, 18 July 1994
18 Jul 1994
CA
Criminal Practice
The judge is to give guidance to the jury on the issue of provocation whether or not it is raised by counsel, provided he considers that there may be evidence of it.
Regina v Kearley (Dec, by his Agent Brian Sharman) (Number 2); HL 21-Jul-1994 - Independent, 19 July 1994; Times, 21 July 1994; Gazette, 12 October 1994; (1994) 99 Cr App R 335
Regina v Keeton Times, 21 July 1994
21 Jul 1994
CACD
Criminal Practice
The judge need give a direction on an alternative basis of the prosecution case only if there were genuine alternatives.
Regina v O'Brien Times, 21 July 1994
21 Jul 1994
CACD
Criminal Practice
Counsel are to be given an opportunity to address the court if an extended sentence was to be considered.
Criminal Justice Act 1991 2(2)(b)
In Re Bartley; QBD 22-Jul-1994 - Times, 22 July 1994
Regina v Governor of Brixton Prison and Another Ex Parte Evans; HL 22-Jul-1994 - Times, 22 July 1994; Independent, 16 August 1994; [1994] 1 WLR 1006
Regina v Mickleburgh Times, 26 July 1994
26 Jul 1994
CACD
Criminal Practice
Enquiries as to jurors views were only to be conducted with the court's consent.
Contempt of Court Act 1981 8
Hamilton and Another v Naviede and Director of SFO; HL 26-Jul-1994 - Independent, 26 July 1994; Times, 26 July 1994; [1995] 2 AC 75; [1994] 3 All ER 814; [1995] 1 Cr App R 95; [1994] 3 WLR 656
Regina v Hendrie, Regina v Paramasivan Times, 27 July 1994
27 Jul 1994
CACD
Criminal Practice
Evidence of acquittals in a related trial was properly excluded as unclear evidence in the current trial.
Regina v Birmingham Justices Ex Parte Shields Times, 03 August 1994
3 Aug 1994
QBD
Criminal Practice
The prosecution must disclose the unwillingness of a witness to attend court to the Defendant, and also to the court if he is told that he will not attend.
Regina v Kellard, Dwyer, Wright; CA 5-Aug-1994 - Times, 05 August 1994; Independent, 09 September 1994; Ind Summary, 05 September 1994
Director of Public Prosecutions v Scott Ind Summary, 08 August 1994; Times, 15 August 1994
8 Aug 1994
QBD
Criminal Practice
'payable' included an amount a court might award in future civil proceedings.
Powers of Criminal Courts Act 1973 3-b-ii - Powers of Criminal Courts Act 1973 35-3-b-ii
Regina v Eriemo Times, 10 August 1994
10 Aug 1994
CACD
Criminal Practice
There was no appeal from a guilty plea after the refusal of the judge to sever the indictment.
Dudley Metropolitan Borough Council v Debenhams Plc Times, 16 August 1994
16 Aug 1994
QBD
Criminal Practice
A search by Trading Standards officers was subject to the PACE codes of Practice even though it may be described as a routine inspection. The officers had an obligation to specify the power under which they acted.
Police and Criminal Evidence Act 1984
Regina v Central Criminal Court Ex Parte Goodwin and Crook Ind Summary, 05 September 1994; Gazette, 26 October 1994; Times, 16 August 1994
16 Aug 1994
CACD
Criminal Practice, Media
Judge may take representations in his sole discretion before making an order providing for the naming or non naming of a party by newspapers.
Children and Young Persons Act 1933 39
Regina v Taylor (Gary) Ind Summary, 12 September 1994; Times, 17 August 1994
17 Aug 1994
CACD
Criminal Practice
The defendant's fundamental right to know the identity of his accusers and witnesses giving evidence against him, was to be denied only in exceptional circumstances. It is a matter for the Judge's discretion.
Regina v Clarke, Regina v Jones; CACD 19-Aug-1994 - Times, 19 August 1994; Ind Summary, 05 September 1994
Regina v Southwark Crown Court ex parte Ward Times, 19 August 1994
19 Aug 1994
CACD
Criminal Practice
A Judge's decision after an argument on the date for a trial was not reviewable - judicial decision.
Regina v Mickleburgh Ind Summary, 29 August 1994
29 Aug 1994
CACD
Criminal Practice
Approach to juror by Defendant's lawyers liable to be a contempt of court.
Contempt of Court Act 1981 8
Regina v Eriemo; CACD 29-Aug-1994 - Ind Summary, 29 August 1994
Regina v Turner (Paul) Times, 11 October 1994; [1995] 1 WLR 264
11 Oct 1994
CA
Criminal Practice
An application to exclude evidence for public interest immunity was to be recorded verbatim. The court emphasised the need to scrutinise, with great care, applications for disclosure of details about informers.
1 Citers
Tani v Finland Unreported, 12 October 1994; 20593/92
12 Oct 1994
ECHR
Human Rights, Criminal Practice
The applicant had been convicted of murder. He complained to the European Commission of Human Rights that one of the prosecution witnesses had identified him when he was brought into a room where the witness was being questioned. For identification purposes he ought to have been placed in a room along with others of similar appearance. The Commission reminded itself that the task of the Convention organs when considering a complaint under article 6 was to ascertain whether the proceedings, considered as a whole, including the way in which evidence was taken and submitted, were fair. The Commission noted that the applicant's conviction was based on an assessment of a significant amount of corroborative circumstantial evidence; that the identification in question had not played any decisive role in the applicant's conviction; that the applicant was assisted by counsel throughout the proceedings and that he had been able to question the witness in the proceedings before the domestic court. "Having assessed all elements of the domestic proceedings", the Commission rejected the application as manifestly ill-founded.
1 Citers
In Re W (Drug Trafficking)(Restraint Order: Costs); QBD 13-Oct-1994 - Times, 13 October 1994
Regina v Maidstone Crown Court Ex Parte Hollstein; QBD 14-Oct-1994 - Times, 04 November 1994; Independent, 14 October 1994
Supreme Court Taxing Office Practice Direction No 5/94 Gazette, 19 October 1994
19 Oct 1994
LCJ
Criminal Practice
Detailed directions for costs appeals to Supreme Court in criminal cases.
Regina v Akengin Times, 21 October 1994
21 Oct 1994
CACD
Criminal Practice
Costs of drugs seized not themselves benefit to be included as trafficking proceed.
Drug Trafficking Offences Act 1986
Regina v Button Times, 21 October 1994; Gazette, 11 January 1995; Ind Summary, 21 November 1994
21 Oct 1994
CA
Criminal Practice
An aggravated vehicle taking indictment must specify which offence is being prosecuted.
Theft Act 1968 12A(2)(b)
Regina v Stafford Crown Court, Ex Parte Uppall Ind Summary, 24 October 1994
24 Oct 1994
QBD
Criminal Practice
A fresh charge was not an abuse of process unless its only purpose is to extend the custody time limits.
Regina v Milton Keynes Magistrates Court and Others Ex Parte Roberts Independent, 26 October 1994
26 Oct 1994
QBD
Criminal Practice
Trading standards proceedings not abuse of process despite financial support.
Regina v Cheshire Justices Ex Parte Sinnott (And Similar Cases) Times, 26 October 1994
26 Oct 1994
QBD
Criminal Practice
Justices were wrong to accept guilty pleas where they knew successful defence existed.
Regina v Derby Magistrates Court Ex Parte B; QBD 31-Oct-1994 - Times, 31 October 1994
Regina v Turner Ind Summary, 31 October 1994
31 Oct 1994
CACD
Criminal Practice
An ex parte application to exclude evidence for public interest immunity was to be recorded verbatim.
Dunkley and Robinson v The Queen Independent, 01 November 1994; Gazette, 09 November 1994; [1995] 1 AC 419
1 Nov 1994
PC
Criminal Practice, Commonwealth
(Jamaica) The appellant's counsel had walked out of a murder trial after a dispute with the judge, leaving the appellant unrepresented for the remainder of the proceedings. Held: A defendant in a capital murder case is to be allowed to find new counsel after his counsel quit. A case which had continued without this being allowed was unfair: ". . . where a defendant faces a capital charge and is left unrepresented through no fault of his own the interest of justice require that in all but the most exceptional cases there be a reasonable adjournment to enable him to try and secure alternative representation."
1 Cites
1 Citers
Regina v Lillie; CACD 3-Nov-1994 - Times, 03 November 1994
Regina v Maidstone Crown Court Ex Parte Freeman; QBD 7-Nov-1994 - Ind Summary, 07 November 1994
Regina v Maidstone Crown Court Ex Parte Lever; CA 7-Nov-1994 - Times, 07 November 1994
Regina v Governor of Pentonville Prison Ex Parte Bone Times, 15 November 1994
8 Nov 1994
QBD
Rose LJ
Criminal Practice
A Crown Court Judge when remanding a defendant in custody after a prosecution appeal from the Justices must give a date on which he is to be produced. Rose LJ said: "For my part, I accept that the Crown Court Judge is not subject to the provisions of sections 128 and 129 of the Magistrates' Courts Act. However, the detention of the Applicant, and the lawfulness or otherwise of that detention has to be gauged, as it seems to me, by reference to the provisions of the Magistrates' Court Act because in this case the Applicant was subject to the jurisdiction of the Magistrates." and "For my part, I would have thought that the most convenient and sensible course would be, if this difficulty arises in the future, for a Crown Court to be invited by the prosecution to stipulate a date which does in fact comply with the provisions of the Magistrates' Court Act, not because the Crown Court Judge is himself subject to the jurisdiction of that Act, but because of the lacuna in the statute which leads to the problems which are otherwise encountered."
Bail (Amendment) Act 1993
1 Citers
Regina v Old Street Magistrates Court Ex Parte Spencer Times, 08 November 1994
8 Nov 1994
QBD
Criminal Practice
The divisional court expressed the desire to have more flexibility in its powers, in particular the power to vary rather than quash Justices' decisions.
Regina v Burley (Donald) Times, 09 November 1994
9 Nov 1994
CACD
Criminal Practice
Not proper for solicitors to take blame for failure to file correct documents on time.
Regina v George; etc Ind Summary, 12 December 1994; Times, 09 November 1994
9 Nov 1994
CACD
Criminal Practice
It was unwise of a Judge to refer to or comment on the defendant's racial origins when sentencing.
Regina v Commissioner of Police of the Metropolis and Another Ex Parte Bennett; QBD 10-Nov-1994 - Times, 10 November 1994; Ind Summary, 09 January 1995
Regina v Tharakan; CACD 10-Nov-1994 - Gazette, 07 December 1994; Times, 10 November 1994
Regina v Barnet Justices ex parte R Unreported, 10 November 1994
10 Nov 1994
QBD
Criminal Practice, Magistrates
The court accepted, on the basis of Bennett, that the magistrates did not have jurisdiction to consider allegations of abuse based on "bad faith".
1 Citers
Regina v Barking Justices Ex Parte Jennings Ind Summary, 14 November 1994
14 Nov 1994
QBD
Criminal Practice
Justices to give Prosecution opportunity to make representations before finding no case to answer.
Regina v Bromley Justices Ex Parte Smith and Another; Regina v Well St Justices, Ex Parte King Independent, 17 November 1994
17 Nov 1994
QBD
Criminal Practice
Justices have duty to rule on provision of unused material in summary non-traffic case.
Regina v Hacker; HL 21-Nov-1994 - Gazette, 08 February 1995; Independent, 22 November 1994; Times, 21 November 1994
Regina v Cooper Times, 22 November 1994
22 Nov 1994
CACD
Criminal Practice
Charges which had been stayed on committal for abuse of process, could be revived at the Crown Court, if evidence had been included.
Administration of Justice (Miscellaneous Provisions) Act 1993 2(2)
Regina v Barking Justices and Another Ex Parte Director of Public Prosecutions Times, 22 November 1994
22 Nov 1994
QBD
Criminal Practice
Justices must invite Prosecution comments before finding no case to answer.
North Yorkshire Trading Standards Department v Williams; QBD 22-Nov-1994 - Times, 22 November 1994; Ind Summary, 19 December 1994
Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2); QBD 29-Nov-1994 - Independent, 29 November 1994; Times, 02 December 1994; [1995] 1 WLR 734
Regina v Southwark Crown Court, Ex Parte Tawfick, CPS Intervening; QBD 1-Dec-1994 - Times, 01 December 1994
Regina v Mitchell; CACD 2-Dec-1994 - Times, 02 December 1994
Bennett v HM Advocate Times, 02 December 1994
2 Dec 1994
HCJ
Criminal Practice
A Scottish warrant for the arrest of a Defendant in England is valid.
Re Bone Ind Summary, 05 December 1994
5 Dec 1994
QBD
Criminal Practice
A Crown Court judge is to the specify period of remand after an appeal by prosecutor.
Bail (Amendment) Act 1993 1(6)
In Re F (A Minor) (Criminal Proceedings); CA 12-Dec-1994 - Times, 12 December 1994; Ind Summary, 16 January 1995
Regina v Wells Ind Summary, 23 January 1995; Times, 14 December 1994
14 Dec 1994
CACD
Criminal Practice
Amendments to a bill of indictment are not affected or restricted by the later Act.
Indictments Act 1915 - Administration of Justice Act 1933 2(2)
Lawrence Pat Sankar v State of Trinidad and Tobago Independent, 12 January 1995; Times, 28 December 1994; [1994] UK PC 1; [1995] 1 WLR 194; No 22 of 1993; [1994] UKPC 49
16 Dec 1994
PC
Criminal Practice, Commonwealth
(Trinidad and Tobago) An advocate's failure to advise his client on the need for him to give evidence, and the consequences of his not doing so may be enough to justify an appeal against conviction.
1 Citers
[ PC ] - [ Bailii ] - [ Bailii ]
Regina v Burley Gazette, 16 December 1994
16 Dec 1994
CACD
Criminal Practice
A solicitor's responsibility for the delay in filing a notice of appeal is not a sufficient reason to extend the time to make the appeal. If things were otherwise the solicitor could always excuse his own default pleading that the defendant should not be prejudiced.
In Re Goodship Times, 19 December 1994
19 Dec 1994
QBD
Criminal Practice
A judge of the Queen's Bench division may have the power to quash a committal but it would use such a powers only very sparingly.
Regina v Burley Ind Summary, 19 December 1994
19 Dec 1994
CACD
Criminal Practice
Filing rules and time limits in Court of Appeal are to be followed save for good reason.
Regina v Maidstone Crown Court Ex Parte Clark; QBD 19-Dec-1994 - Gazette, 08 February 1995; Times, 19 December 1994; [1995] 1 WLR 831; [1995] 3 All ER 513
Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna Times, 28 December 1994; (1994) 159 JP 727
28 Dec 1994
QBD
Lady Justice Butler-Sloss, Justice Latham
Criminal Practice
The substitution of a defendant in a case before the magistrates was challengeable where it was not a mere mistake in the name of the defendant. The wholesalers who should have been named had been in correspondence for some time with the prosecutor and had failed to point out the error until shortly before the hearing.
1 Cites
1 Citers
Regina v Young (Stephen); CACD 30-Dec-1994 - Gazette, 08 February 1995; Times, 30 December 1994; Ind Summary, 16 January 1995; (1995) 2 Cr App R 379; [1995] QB 324; [1995] 2 WLR 430