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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: 1995 To: 1995

This page lists 111 cases, and was prepared on 21 May 2019.

 
Regina v Burgess and McLean [1995] Crim LR 425
1995
CACD
Glidewell LJ
Criminal Practice
Section 3 of the 1957 Act spells out the function of the judge and jury at the trial. The section is dealing with the trial, not the appeal.
Homicide Act 1957 3
1 Cites

1 Citers



 
 Regina v Pickford; CACD 1995 - [1995] 1 Cr App R 420

 
 Regina v Jennings and Miles; CACD 1995 - [1995] Crim LR 810
 
Regina v Jennings [1995] Crim LR 810
1995


Criminal Practice


 
Regina v Fulcher [1995] 2 Cr App R 251
1995
CACD
Kennedy LJ
Criminal Practice
The previous non-accidental injuries sustained by the baby whom F was alleged to have murdered were relevant to show not only that the child, being in pain, was more likely to be fractious, but also how F was likely to react to the child crying. The court expressly disclaimed the suggestion that the evidence was received as similar fact evidence. The good character direction should always be given if applicable. It will always have some effect. Kennedy LJ said: "medical evidence was adduced to show the severity of the fatal injury and also to show that this very young child had on earlier occasions sustained injuries of a kind which were unlikely to have been sustained accidentally. The earlier injuries were also relevant as tending to show that right up to the time of the fatal injury the child would have been in some pain, and so more liable to be fractious than a normal healthy baby. The prosecution was then, in our judgement, entitled to lead evidence to show how on other occasions the appellant reacted to the crying baby, so that they could invite the jury to infer that on the critical occasion the appellant was so irritated that he resorted to gross violence. In other words, the evidence now challenged was evidence of motive. It went to the actus reus and the mans rea."
1 Cites

1 Citers


 
C v Director of Public Prosecutions; Regina v Director of Public Prosecutions ex parte C [1995] 2 All ER 43; [1995] 1 CAR 136; [1995] 1 Cr App R 136
1995

Kennedy LJ
Criminal Practice
A CPS decision not to prosecute was quashed because the decision-maker had failed to have regard to one of the matters identified in the relevant part of The Code for Crown Prosecutors.
1 Citers


 
Fuller v State (1995) 52 WIR 424
1995

Ibrahim JA
Criminal Practice
(Court of Appeal of Trinidad and Tobago) The court gave guidance on the need to give proper directions on identification evidence to accord with Turnbull: "We are concerned about the repeated failures of trial judges to instruct juries properly on the Turnbull principles when they deal with the issue of identification. Great care should be taken in identifying to the jury all the relevant criteria. Each factor or question should be separately identified and when a factor is identified all the evidence in relation thereto should be drawn to the jury's attention to enable them not only to understand the evidence properly but also to make a true and proper determination of the issues in question. This must be done before the trial judge goes on to deal with another factor. It is not sufficient merely to read to them the factors set out in Turnbull's case and at a later time to read to them the evidence of the witnesses. That is not a proper summing-up. The jury have heard all the evidence in the case when the witnesses testified. It will not assist them if the evidence is merely repeated to them. What they require from the judge in the final round is his assistance in identifying, applying and assessing the evidence in relation to each direction of law which the trial judge is required to give to them and also in relation to the issues that arise for their determination."
1 Cites

1 Citers



 
 Regina v Napper; CACD 1995 - (1995) 161 JP 16
 
Regina v Durbin [1995] 2 Cr App R 84
1995
CACD
Evans LJ
Criminal Practice
The appellant had been convicted of the importation of 875 kilos of cannabis. He had spent convictions but more significantly he admitted in interview being engaged in smuggling other contraband goods. Furthermore, he admitted telling lies to the prosecution witnesses about his relationship with a co-accused. The trial judge advised the jury to treat him as a man of good character but he declined to give the jury a good character direction. The direction was withheld out of consideration of a co-accused with relevant convictions. Held: The appeal was allowed. A full but modified good character direction should have been provided to the appellant.
Evans LJ said: "In our judgment the law now is as follows:
(1) Where the defendant is of previous good character, then he is entitled to the good character direction (both limbs if his credibility is an issue, the second limb only if it is not), notwithstanding that he may have admitted telling lies in interview (R v Kabariti [1991] 92 Cr App R 362) and may have admitted other offences or disreputable conduct in relation to the subject matter of the charge, as we hold here (contrast Zoppola-Barrazza [1994] Crim LR 83, and R v Buzalek and Schiffer [1991] Crim LR 116). In such cases, however, the terms of the direction should be modified to take account of the circumstances of the case, including all facts known to the jury, either as regard credibility or propensity, or both.
(2) Where the defendant is not of absolutely good character the trial judge has a discretion as to whether or not to give a "good character" direction, and if so in what terms, but he cannot properly decide not to do so, and in unqualified terms, if the blemishes can only be regarded as irrelevant, or of no significance, in relation to the offence charged. (H [1994] Crim LR 205, and contrast Zoppola-Barrazza).
(3) By the same token, there will be cases where the defendant is not of absolutely good character but where the only proper course is to given a qualified direction in suitably modified terms, assuming of course that the fact of the previous conviction or other character blemishes is known to the jury. This is likely to mean that careful consideration will have to be given to the distinction between the two limbs of credibility and propensity.
(4) Character, bad or good, is not simply a matter of the presence of absence of previous convictions, nor is it the same as reputation although the one may be evidence of the other.
(5) In all cases where the qualified direction is given, we consider it essential that it should be in realistic terms, taking account of all the facts as they are known to the jury. The jury should not be directed to approach the case on a basis which, to their knowledge, is artificial or untrue."
1 Citers


 
Regina v Director of Public Prosecutions, ex parte C [1995] 1 Cr App R 136
1995
QBD
Kennedy LJ
Criminal Practice
The plaintiff sought judicial review of the DPP's decision not to prosecute a husband suspected of buggery. Held. The application succeeded. The Respondent had failed to consider the criteria required by the Code. However, the power to review the DPP's decision in such a case must be sparingly exercised.
Kennedy LJ said: "in the context of the present case this court can be persuaded to act if and only if it is demonstrated to us that the Director of Public Prosecutions acting through the Crown Prosecution Service arrived at the decision not to prosecute:
1. because of some unlawful policy (such as the hypothetical decision in Blackburn not to prosecute where the value of goods stolen was below £100); or
2. because the Director of Public Prosecutions failed to act in accordance with her own settled policy as set out in the Code; or
3. because the decision was perverse. It was a decision at which no reasonable prosecutor could have arrived."
He discussed whether it was right even so to commence a prosecution, the CPS having advised the proposed defendant that no prosecution was to follow: " in my judgment those matters are of comparatively little weight at this stage when the applicant could still if she wanted commence a private prosecution and has shown some indication of doing so. Were she to do so the Director of Public Prosecutions might or might not feel constrained to take it over and offer no evidence, but for present purposes the important matter is that the second respondent cannot claim to have been misled into thinking that he was free of all jeopardy. "
1 Citers


 
Regina v Thompson and others [1995] 2 Cr App Rep 589
1995
CACD
Evans LJ
Evidence, Criminal Practice
The court considered the circumstances under which an accused could call in aid the convictions of a co-defendant: Held: It was fundamental that it is not normally relevant to enquire into a defendant's previous character or to ask questions which tend to show that he has previously committed some criminal offence. A defendant is always entitled to call evidence of his own good character or other evidence 'in disproof of his own guilt' of the offence charged against him. The test is whether the evidence is relevant or not to the question of guilt. The evidence was relevant 'if it tended to show that the version of the facts put forward by one co-accused was more probable than that put forward by the other' When there is more than one defendant, the test of relevance must be applied strictly to avoid prejudice to a co-defendant.
1 Cites

1 Citers


 
Church v H M Advocate 1995 SLT 604
1995
HCJ

Scotland, Criminal Practice
The court should in general take a broad, rather than a narrow, approach to the admission of new evidence on appeal.
Criminal Procedure (Scotland) Act 1995 106(3)
1 Citers


 
Regina v Bromley Justices Ex Parte Smith and Another; Regina v Wells St Stipendiary Magistrate Ex Parte King Gazette, 11 January 1995
11 Jan 1995
QBD

Criminal Practice
Justices were to apply Crown Court principles on ordering disclosure of documents.

 
In Re D (Restraint Order: Non-Party) Times, 26 January 1995
26 Jan 1995
QBD

Criminal Practice
A criminal court may restrain a third party from disposal of drug trafficking assets which might be required for confiscation.
Drug Trafficking Offenders Act 1986

 
Regina v Bailey Times, 26 January 1995
26 Jan 1995
CACD

Criminal Practice, Criminal Evidence
A confession made by a mentally handicapped person to a non-independent witness should only be admitted into evidence after a proper warning was agreed to be given to the jury.
Police and Criminal Evidence Act 1984 77


 
 Regina v Beckford; CA 27-Jan-1995 - Times, 27 January 1995; [1996] 1 Cr App R 94
 
Regina v Bow Street Magistrates Ex Parte McDonald Ind Summary, 30 January 1995
30 Jan 1995
QBD

Criminal Practice
A Local Authority may seize an unlicensed entertainer's equipment; Leicester Square is 'premises'.
Local Government Act 1963 12
1 Cites

1 Citers


 
Regina v Central Criminal Court Ex Parte Guney Gazette, 08 March 1995; Times, 03 February 1995; Independent, 02 February 1995; [1995] 1 WLR 576
2 Feb 1995
CA
Sir Thomas Bingham MR, Sir Peter Gibson LJ, Sir Michael Mann
Criminal Practice
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.
Sir Thomas Bingham MR (dissenting) said that there is nothing in the process of arraignment which in law requires, or in fact amounts to, a surrender to the custody of the court.
Sir Peter Gibson LJ said: "In my judgment a surrender to the custody of the court occurs when a defendant on bail and under a duty so to surrender is required to attend the court and responds by attending the court and overtly subjecting himself to the directions of the court. This he does at the latest when he is arraigned at the commencement of the trial, but he may do so earlier.'
Sir Michael Mann said that "Arraignment provides a clearly identifiable moment of surrender (which may, however, in some cases occur earlier)."
Bail Act 1946 3 - Magistrates' Courts Act 1980 128
1 Cites

1 Citers


 
Regina v Thompson Ind Summary, 06 March 1995; Times, 06 February 1995
6 Feb 1995
CACD

Criminal Practice
Plea bargaining is a practice to be deplored in UK courts, though Counsel could approach the Judge for an indication of sentence on guilty plea.

 
Regina v North Kent Magistrates Ex Parte McGoldrick and Co (A Firm) Times, 06 February 1995
6 Feb 1995
QBD

Criminal Practice
A Justices' clerk may not require a claimant to show exceptional circumstances before taxing a bill delivered late.
Costs in Criminal Cases (General) Regulations 1986 12(1)

 
Regina v Director of Public Prosecutions and Another Ex Parte Thom Gazette, 08 February 1995
8 Feb 1995
QBD

Criminal Practice
The Home Secretary has no power to discontinue extradition proceedings, since they are not criminal per se.
Prosecution of Offences Act 1985 23

 
Regina v Naylor Times, 08 February 1995
8 Feb 1995
CACD

Criminal Practice
Unsustainable complaints of misconduct may lead to wasted costs order.

 
Regina v Bromell Times, 09 February 1995
9 Feb 1995
CACD

Criminal Practice, Contempt of Court
A person facing a charge of contempt must be given opportunity to obtain representation even in an apparently blatant case.

 
Regina v Maxwell Unreported, 9 February 1995; No. 94/7352/S2
9 Feb 1995
CACD

Criminal Practice

Criminal Justice Act 1987 9
1 Citers


 
Regina v Moore and others Unreported, 9 February 1995
9 Feb 1995
CACD

Criminal Practice

1 Citers


 
Regina v Maher Times, 17 February 1995
17 Feb 1995
CACD

Criminal Practice
General allegations of violence within marriage should be be accepted only with caution.

 
Regina v Coshall Times, 17 February 1995; Gazette, 22 March 1995
17 Feb 1995
CACD

Criminal Practice
A judge is not to allow the jury to take a transcript of a video examination to the jury retiring room without his explicit consent and without having given appropriate warnings.

 
Regina v Bailey Ind Summary, 20 February 1995
20 Feb 1995
CACD

Criminal Practice
The judge should direct on the fact that caution is required before a jury can be asked to rely upon a confession of a mentally handicapped person.
Police and Criminal Evidence Act 1984 77

 
Regina v Central Criminal Court Ex Parte Hunt; Same v Same; Same v Botnar Times, 21 February 1995
21 Feb 1995
QBD

Criminal Practice
An English court was not to say how a foreign court should respond to a request for information.

 
Regina v Peters Times, 21 February 1995
21 Feb 1995
CACD

Criminal Practice
Evidence of involvement in drugs was admissible where the defendant claimed a lack of knowledge of drugs.

 
Regina v South Worcester Magistrates Ex Parte Lilley Times, 22 February 1995; Gazette, 29 March 1995
22 Feb 1995
QBD

Criminal Practice, Magistrates
Justices having decided that material they had seen was inadmissible must disqualify themselves from the trial.

 
Regina v Tiplady Times, 23 February 1995
23 Feb 1995
CACD

Criminal Practice
Identification of youth in court foyer admissible - many similar youths would be about.

 
Regina v Wilson; Regina v Sprason Times, 24 February 1995
24 Feb 1995
CACD

Criminal Practice, Natural Justice
The wife of a prison officer at the prison where the defendant had been remanded, should not be asked to serve as jury member in his trial. There was an apparent bias.

 
Regina v Murphy Times, 28 February 1995
28 Feb 1995
CACD

Criminal Practice
After Court of Appeal's direction for re-trial expedition was necessary from the prosecution.
Criminal Appeals Act 1968 8(1)


 
 Mills and Others v The Queen; PC 1-Mar-1995 - Times, 01 March 1995; [1995] 1 WLR 511
 
Regina v Bills Times, 01 March 1995
1 Mar 1995
CACD

Criminal Practice
Jury should not be allowed to alter their verdict after hearing of the Defendant's antecedents.


 
 Regina v Blackwell; Regina v Farley; Regina v Adams; CACD 2-Mar-1995 - Ind Summary, 24 April 1995; Times, 02 March 1995; [1996] Crim LR 248
 
Regina v Salih; In re Sec 159 Criminal Justice Act 1988 Gazette, 08 March 1995; Times, 31 December 1994
8 Mar 1995
CACD

Criminal Practice
The court of appeal may not hear an appeal against a refusal to hear a case in camera. This was a matter for the judge's discretion.
Criminal Justice Act 1989 159(1)(b)

 
Regina v Ahmed Times, 09 March 1995
9 Mar 1995
CACD

Criminal Practice
Interventions by a judge during a criminal trial which were especially critical were to be avoided.

 
Regina v Hiley Times, 10 March 1995; Ind Summary, 24 April 1995
10 Mar 1995
CMAC

Criminal Practice, Armed Forces
Applications for leave to appeal to Courts Martial Appeal Court must provide fresh & argued grounds of the appeal.

 
Regina v Stafford Crown Court Ex Parte Reid and Another Ind Summary, 13 March 1995
13 Mar 1995
QBD

Criminal Practice
A Crown Court Judge need not give reasons for his refusing leave to appeal out of time.
Crown Court Rules 1982 7


 
 C (A Minor) v Director of Public Prosecutions; HL 17-Mar-1995 - Times, 17 March 1995; Independent, 21 March 1995; (1995) Cr App R 136; [1995] UKHL 15; [1996] AC 1; [1995] RTR 261; [1995] 2 All ER 43; [1995] 2 WLR 383; (1995) 159 JP 269; [1995] 1 FLR 933; [1995] Fam Law 400; [1995] Crim LR 801
 
Regina v Birchall Times, 23 March 1995
23 Mar 1995
CACD

Criminal Practice
A failure to direct the jury on the difficulty caused to a defendant by trying to defend himself against offences of a great age was fatal to the resulting conviction.

 
Elliott (Angus Gordon) v HM Advocate Times, 16 May 1995; 1995 JC 95; [1995] ScotHC HCJ - 2; 1995 SLT 612; 1995 SCCR 280
24 Mar 1995
HCJ
Lord Justice Clerk Ross
Criminal Practice, Scotland
New evidence on an appeal was admissible only in accordance with the Act.
Criminal Procedure (Scotland) Act 228(2)
1 Citers

[ Bailii ]
 
Regina v Foran Times, 31 March 1995
31 Mar 1995
CACD

Criminal Practice
A defendant is not to be allowed to muck-rake the good name of police officers without good cause.


 
 Regina v Ipswich Justices Ex Parte Callaghan; QBD 3-Apr-1995 - Times, 03 April 1995
 
D v Director of Public Prosecutions and Others Independent, 04 April 1995
4 Apr 1995
QBD

Criminal Practice
Justices not to make compensation orders against Local Authority for crimes by youths in care.
Children and Young Persons Act 1933 55

 
Rupert Crosdale v The Queen Gazette, 21 June 1995; [1995] 1 WLR 864; [1995] UKPC 1; Appeal No 13 of 1994
6 Apr 1995
PC

Criminal Practice
(Jamaica) A court's insistence that a submission of no case to answer must be made in the presence of jury was unfair. When considering submissions of no case to answer, the judge should invite the jury to retire and, if he decided to reject the plea, he should say nothing to the jury about it. Where in any case the jury had remained in court during the submissions, the question for the appeal court would be whether in the circumstances of the case there was any significant risk of prejudice having resulted from the irregularity.
1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Regina v Newcastle-Under-Lyme Magistrates Court Ex Parte Cloudside Outdoor Pursuits Ltd Times, 07 April 1995
7 Apr 1995
QBD

Criminal Practice
Decisions of Justices need not be construed very precisely where there appeared to be only a non-fundamental error.

 
Regina v Bournemouth Magistrates Court Ex Parte O'Brien Ind Summary, 10 April 1995
10 Apr 1995
QBD

Criminal Practice
It was for the magistrates not the prosecutor to write to defendant with regard to his acceptance of a plea. Only the magistrates could adjourn a case.

 
Regina v Cox (Andrew Mark) Times, 12 April 1995; [1995] 2 Cr App R 513
12 Apr 1995
CACD
Glidewell LJ
Criminal Practice
The Court of Appeal has the power to apply the proviso preserving a conviction despite the failure of the judge at trial to mention the defence of provocation.
Criminal Appeal Act 1968 2(1)
1 Citers


 
Regina v Lynsey Ind Summary, 18 April 1995; Times, 12 April 1995
12 Apr 1995
CACD

Crime, Criminal Practice
Common Assault could be changed to Common Battery when tried at Crown Court. Common assault was to be construed to include battery for trial on indictment.
Criminal Justice Act 1988 40

 
Practice Direction (Crown Court: Evidence: Advice to Defendant) Times, 12 April 1995
12 Apr 1995
LCJ

Criminal Practice
Practice direction on what a Judge is to do about warning Defendant of the need to give evidence to avoid proper inferences being drawn from his silence under the Act.
Criminal Justice and Public Order Act 1994 35(2)

 
Regina v K (Jury: Appearance of Bias) Times, 14 April 1995
14 Apr 1995
CA

Criminal Practice
A Juror must disclose an acquaintance with a witness in the case, but it would be wrong to follow a juror.

 
Regina v South Tyneside Justices Ex Parte Mill Garages Ltd and Another Times, 17 April 1995
17 Apr 1995
QBD

Criminal Practice
Abuse of process rules apply in same way whether an offence was substantive or administrative.

 
D (A Minor) v Director of Public Prosecutions; R (A Minor) v Same; Regina v Burnley Crown Court Ex Parte Lancashire County Council Times, 18 April 1995
18 Apr 1995
CACD

Criminal Practice
Compensation orders were wrongly made against a Local Authority which had been taking the best care of a youth.
Children and Young Persons Act 1933 55


 
 In Re C (Restraint Orders: Identification); QBD 21-Apr-1995 - Times, 21 April 1995
 
Regina v K Ind Summary, 24 April 1995
24 Apr 1995
CACD

Criminal Practice
Defendant's solicitors must seek leave of the court before investigating potential bias of a juror.

 
Regina v Burge; Regina v Pegg Times, 28 April 1995
28 Apr 1995
CACD

Criminal Practice
A direction on the Defenevdant lying was only necessary if the jury might properly think it could be probative of guilt.

 
Regina v Ferrier; Regina v Barr Times, 03 May 1995
3 May 1995
CACD

Criminal Practice
A judge's summing up is to be judged on its practical effect, not subjected to an academic examination.


 
 Regina v Reading Justices ex parte Berkshire County Council; QBD 5-May-1995 - Times, 05 May 1995; [1996] Cr App R 239

 
 Regina v Bowler; CACD 9-May-1995 - Times, 09 May 1995

 
 Regina v Makanjuola; CACD 17-May-1995 - Gazette, 07 June 1995; Independent, 06 June 1995; Times, 17 May 1995; (1995) 2 Cr App R 469; [1995] 1 WLR 1348; [1995] 3 All ER 730

 
 Regina v Tang; CACD 23-May-1995 - Times, 23 May 1995
 
Regina v Pydar Justices Ex Parte Foster Times, 23 May 1995; Ind Summary, 12 June 1995; [1995] 160 JP 87
23 May 1995
QBD
Curtis J
Road Traffic, Criminal Practice, Magistrates
There was a case to answer on an OPL charge despite the computer readout not being handed to Justices. It was in evidence. Evidence referred to but not challenged by the defendant can be relied upon by Justices in making their decision. The court commented on a suggestion that a defending advocate was entitled to "keep his powder dry": "Mr Burkett [who was the applicant] submitted that the solicitor concerned was entitled to sit quiet and not alert the justices to the error the defendant claims existed on the form, but make a submission about it to them later at a time of his choosing. I profoundly disagree with this thoroughly bad submission. Without any doubt whatsoever, it is the duty of a defending advocate properly to lay the ground for a submission, either by cross-examination or, if appropriate, by calling evidence."
1 Citers


 
Regina v Commissioner of Metropolitan Police Ex Parte P Times, 23 May 1995
23 May 1995
QBD

Criminal Practice
Giving of caution can be judicially reviewable in exceptional cases.

 
Regina v Wood Green Crown Court Ex Parte Taylor Times, 25 May 1995
25 May 1995
QBD

Criminal Practice
A Judge must not act as a prosecutor on an appeal from the magistrates where Prosecuting counsel was absent.

 
Practice Direction Classification and Allocation of Crown Court Business Independent, 31 May 1995
31 May 1995
Crwn

Criminal Practice
New classifications of offences for choice of Crown Court.

 
Practice Direction On Classification and Allocation of Crown Court Business Independent, 02 June 1995
2 Jun 1995
LCJ

Criminal Practice
New arrangements for classifying offences and on allocation to crown courts.


 
 Regina v Stock; CACD 14-Jun-1995 - Ind Summary, 03 July 1995; Times, 14 June 1995

 
 Regina v Aziz; Regina v Tosun; Regina v Yorganci; HL 16-Jun-1995 - Gazette, 19 July 1995; Independent, 16 June 1995; Times, 16 June 1995; [1996] AC 41; [1995] 3 All ER 149; [1995] 2 Cr App R 478

 
 Regina v Myers; CACD 22-Jun-1995 - Times, 22 June 1995
 
Yagei and Sargin v Turkey Ind Summary, 26 June 1995; 16426/90; 16419/90
26 Jun 1995
ECHR

Criminal Practice, Human Rights
There was breach of the convention because of length of time the Defendants had been held until their trial.
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (victim, estoppel); Violation of Art. 5-3; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Lack of jurisdiction (injunction to State)
European Convention on Human Rights 5.3, 6.1

 
Practice Direction: Allocation of Business Within the Crown Court Gazette, 28 June 1995
28 Jun 1995
LCJ

Criminal Practice
Detailed directions for allocation of business within the crown court.

 
Practice Direction: Crown Court Form of Words for S35 Warning Gazette, 05 July 1995
5 Jul 1995
LCJ

Criminal Practice
Sets procedures to follow at prosecution close with regard to defendant's choice whether to give evidence.
Criminal Justice and Public Order Act 1994 35

 
Wales and Chester Circuit Presiding Judge's Direction: Merthyr Crown Court Gazette, 05 July 1995
5 Jul 1995
Crwn

Criminal Practice
Appeals and transfers for trial from Miskin Justices are to be to Merthyr Tydfil Crown Court.


 
 Regina v E (Sexual Abuse: Delay); CACD 6-Jul-1995 - Ind Summary, 31 July 1995; Gazette, 19 July 1995; Times, 06 July 1995

 
 Regina v Wood; CACD 11-Jul-1995 - Times, 11 July 1995; Ind Summary, 31 July 1995; Gazette, 31 August 1995; [1996] 1 Cr App R 207

 
 Regina v Ahmed; CACD 11-Jul-1995 - Times, 11 July 1995
 
Regina v Southwark Crown Court and Another, Ex Parte Sorsky and Defries Times, 21 July 1995; Gazette, 15 September 1995; [1991] 93 Cr App R 60
21 Jul 1995
QBD
McCowan LJ
Criminal Practice
A search warrant should be issued on behalf of a foreign court only after a fullest consideration of the law, but it could be used to allow removal of material as evidence of foreign offences. The court heard an application to a Crown Court judge under the 1990 International Co-operation Act. The United States authorities investigating money laundering had sought assistance because a partner in an English firm of accountants had helped to set up schemes and advised. Held: The court criticised the cursory nature of the proceedings before the circuit judge. McCowan LJ: "an intrusion into the liberty of the subject cannot be allowed to go through on the nod". No reasons had been given by the judge, and the extent to which reasons were required depended on what had gone before. The judge had not had an opportunity to pre-read the information and the draft warrant. He admitted unfamiliarity with the relevant statutory provisions, and McCowan LJ said that there should have been a short statement of his reasons for granting the warrant "so that it could be apparent that the judge had taken appropriate matters into account".
Police and Criminal Evidence Act 1984 19(3)(a)
1 Citers


 
Practice Direction: (Crown Court: Plea and Directions Hearings) Times, 31 July 1995
31 Jul 1995
LCJ

Criminal Practice
Detailed directions on Plea and Direction hearings for all cases committed to the Crown Court for trial save for serious fraud trials.

 
Regina v Dolgellau Justices Ex Parte Cartledge; Regina v Penrith Justices Ex Parte Marks Times, 04 August 1995; Independent, 05 September 1995
4 Aug 1995
QBD

Criminal Practice
An order of certiorari to allow a Crown Court to quash an unequivocal guilty plea, was not available unless there was shown some misconduct.

 
Regina v Inner London Crown Court Ex Parte Barnes (Anthony) Times, 07 August 1995; Ind Summary, 11 September 1995
7 Aug 1995
QBD

Criminal Practice, Criminal Sentencing
A youth's name is not to be publicised merely to attract publicity to other points which the judge wishes to make.
Children and Young Persons Act 1963 39


 
 Regina v Higgins, Regina v Litchfield; CACD 11-Aug-1995 - Ind Summary, 31 July 1995; Times, 11 August 1995
 
Re: S-L; Independent, 16 August 1995
16 Aug 1995
CA

Criminal Practice
A court may restrain assets where a foreign drug trafficking case was proceeding.
Drug Trafficking Offences Act 1986

 
Regina v Cardiff Crown Court Ex Parte Reeves and Others Ind Summary, 21 August 1995
21 Aug 1995
QBD

Criminal Practice
Use of word 'due diligence' not fatal to extension of custody time limit.
Prosecution of Offenders Act 1985 22(3)


 
 Regina v Tighe; CACD 5-Sep-1995 - Times, 05 September 1995

 
 Regina v Rankin; CACD 5-Sep-1995 - Ind Summary, 09 October 1995; Times, 05 September 1995
 
Practice Direction: Crown Court Plea and Direction Hearings Independent, 18 September 1995
18 Sep 1995
LCJ

Criminal Practice
Detailed guidance on new Plea and Direction Hearings procedures at Crown Court.

 
Plea and Directions Hearings In the Crown Court Gazette, 20 September 1995
20 Sep 1995
LCJ

Criminal Practice
Detailed directions for practice on new plea and directions hearings at Crown Court.

 
Regina v Green Ind Summary, 09 October 1995
9 Oct 1995
CACD

Criminal Practice
Mistaken advice by Counsel would rarely be a sufficient basis to say that a verdict was unsafe.


 
 Regina v Cowan and Another; CACD 12-Oct-1995 - Independent, 25 October 1995; Gazette, 25 October 1995; Times, 13 October 1995; [1996] 1 Cr App R 1; [1996] QB 373; [1995] EWCA Crim 8; (1996) Crim LR 409; [1995] 4 All ER 939; [1995] 3 WLR 818
 
Regina v Chester Crown Court Ex Parte Cheshire County Council and Others Times, 23 October 1995; Ind Summary, 16 October 1995
16 Oct 1995
QBD

Criminal Practice
A Divisional Court has no jurisdiction to challenge a Crown Court's order for disclosure.
Supreme Court Act 1981 29(3)


 
 Regina v Derby Magistrates Court Ex Parte B; HL 19-Oct-1995 - Independent, 27 October 1995; Times, 25 October 1995; [1996] AC 487; [1995] UKHL 18; [1996] 1 FLR 513; [1996] 1 Cr App R 385; (1995) 159 JP 785; [1996] Fam Law 210; [1995] 3 WLR 681; [1995] 4 All ER 526
 
Regina v Blake Times, 20 October 1995
20 Oct 1995
CACD

Criminal Practice
Counsel based application for leave to appeal to Judge of Court of Appeal after refusal of non-counsel supported appeal.

 
Regina v Dowling Times, 20 October 1995
20 Oct 1995
CACD

Criminal Practice
Counsel representing appellant to CACD on pro bono basis should notify court.

 
Re A (A Minor) Ind Summary, 23 October 1995
23 Oct 1995
CA

Criminal Practice
Family Division to agree to release of child's evidence in care proceedings to criminal court.

 
George Pollard v The Queen [1995] UKPC 40
30 Oct 1995
PC
Jauncey, Browne-Wilkinson, Mustill, Slynn of Hadley, LL, Hardie Boys J
Criminal Practice
(St. Vincent and The Grenadines) A notice of appeal which was required by statute to be given "in such manner as may be directed by rules of court", but which did not comply with such rules because it was not signed by the appellant personally, was nonetheless a notice within the meaning of the relevant statutory provision, at least once the irregularity was waived by the court, and that such waiver validated the notice from the date of its lodging and did not merely bring into existence for the first time a valid notice.
1 Citers

[ Bailii ]

 
 Regina v Guilfloyle; CACD 31-Oct-1995 - Times, 31 October 1995
 
Regina v Gilfoyle Gazette, 29 November 1995; Ind Summary, 06 November 1995
6 Nov 1995
CACD

Criminal Evidence, Criminal Practice
The Court of Appeal has power to receive and call for additional evidence in interests of justice, and even though it had been ruled inadmissible at the trial if was relevant.
Criminal Appeal Act 1991 23(1) - Criminal Appeal Act 1968 23(1)

 
Regina v Blackledge and Others Independent, 08 November 1995; Times, 08 November 1995
8 Nov 1995
CACD

Criminal Practice
Documents which were held by one government department, may be deemed to be held by all such departments. The Government's failure to disclose documents was a material irregularity.
1 Cites

1 Citers


 
Regina v Bethelmie Times, 27 November 1995
27 Nov 1995
CACD

Criminal Practice
The Judge is to give a warning on the probative value of a letter from a rape defendant to the complainant.

 
Regina v Crown Prosecution Service ex parte Waterworth Unreported, 1 December 1995
1 Dec 1995
QBD

Criminal Practice

1 Citers


 
Regina v Oliver (Ian) Gazette, 10 January 1996; Ind Summary, 22 January 1996; Times, 06 December 1995; [1996] 2 Cr App R 514
6 Dec 1995
CACD

Criminal Practice
Detailed guidance was given on directions when a jury are to be allowed to split up overnight after retiring using the court's discretion under s43, including "1. That the jury must decide the case on the evidence and the arguments which they have seen and heard in court, and not on anything they may have seen or heard or may see or hear outside the court. And 2. That the evidence has been completed and that it would be wrong for any juror to seek for or to receive further evidence or information of any sort about the case . ."
Criminal Justice and Public Order Act 1994 43
1 Citers


 
Regina v Satpal Ram Times, 07 December 1995
7 Dec 1995
CACD

Criminal Practice
Counsel's reasonable mistake in the tactics adopted at a trial will not be good grounds for an appeal.

 
In Re Crawley and Others Times, 07 December 1995
7 Dec 1995
QBD

Criminal Practice, Magistrates
Judicial review is the preferred procedure over habeas corpus for a wrongful committal by magistrates.

 
Regina v Taylor Times, 11 December 1995
11 Dec 1995
CACD

Criminal Practice
The Crown has a discretion not to call own its witnesses, but must allow the defence to call them.

 
Regina v Ham Ind Summary, 22 January 1996; Times, 12 December 1995
12 Dec 1995
CACD

Criminal Practice
A decision on whether a suspect has a mental handicap must be reached on evidence, and the decision must be express.
Police and Criminal Evidence Act 1984 66 codes

 
Regina v Nottingham Magistrates Court Ex Parte Furnell and Another Times, 18 December 1995
18 Dec 1995
QBD

Criminal Practice, Magistrates
Where advocates see the justices in chambers during a trial, the clerk is to make a note of what is said.

 
Regina v Seymour Unreported, 19 December 1995
19 Dec 1995
CACD
Judge J
Criminal Practice
A material irregularity had occurred because the prosecution had failed to disclose to the defence that they were in possession of a statement signed by a defence witness as to alibi which was used to cross-examine her when she gave evidence. Held: "We regard this as absurd. There will of course be occasions when such investigations will reveal positive information assisting the defence case. Such material will be disclosed in accordance with current principles. Similarly, the results may provide positive evidence to support the prosecution case, and enable the prosecution to serve notice of further evidence and rely upon it as part of the prosecution case. "Where, however, as here, the result of checking the alibi notice is to provide the prosecution with material which serves to undermine the credibility of a witness, apparently to be relied upon by the defence, there is in our judgment no duty of disclosure."
1 Citers



 
 Regina v Clue; CACD 27-Dec-1995 - Ind Summary, 12 February 1996; Times, 27 December 1995
 
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