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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: 1996 To: 1996

This page lists 99 cases, and was prepared on 21 May 2019.

 
Regina v Oldham Justices ex parte Crawley (orse Cawley) [1996] 2 WLR 681; [1997] QB 1
1996

Staughton LJ, Simon Brown LJ
Magistrates, Criminal Practice
The court set out the duties of magistrates when making a warrant for committal. Simon Brown LJ said that where there has been a criminal conviction the courts have firmly excluded collateral attack by habeas corpus, holding that the only proper remedy lies by way of appeal.
1 Citers


 
Regina v O'Donnell [1996] 1 Cr App R 286
1996
CACD

Criminal Practice
Effect of procedural irregularity such as to require a venire de novo.
1 Citers



 
 Regina v Cunnah; CACD 1996 - (1996) CLR 64; (1996) 1 Cr App R (S) 393

 
 Regina v Liverpool Magistrates' Court, Ex parte Director of Public Prosecutions; QBD 1996 - (1996) 161 JP 43
 
Regina v David D; Phillip J [1996] 1 CAR 455
1996


Criminal Practice, Children
The appellants were convicted by a jury. Subsequently, Connell J heard care proceedings in which he had to consider the same allegations made against the appellants in the criminal trial.
Connell J said: "However, this evidence is not sufficient to satisfy me that he did not commit these offences and the situation in which this court is left is that I do not know whether or not he committed the conspiracy offences although I do know that he has been convicted of them . . it is not my function in any way to act as some form of appellate court from the verdicts of the jury and therefore I must proceed on the basis that Jay did commit the offences of which he has been convicted." The defendant appealed. Held: The court was therefore prepared to "consider" Connell J's judgment in order to examine whether any material in it might throw light on the safety, or otherwise of the convictions. It would or might provide "fresh evidence".

 
Regina v Burge and Pegg [1996] 1 Cr App R 163
1996
CACD

Criminal Practice
The court considered the circumstances under which the defendant had lied, and Lucas direction was to be given: "As there seems to be at the moment a tendency in one appeal after another to assert that there has been no direction, or an inadequate direction, as to lies, it may be helpful if we conclude by summarising the circumstances in which, in our judgment, a Lucas direction is usually required. There are four such circumstances but they may overlap:
1. Where the defence relies on an alibi.
2. Where the judge considers it desirable or necessary to suggest that the jury should look for support or corroboration of one piece of evidence from other evidence in the case, and amongst that other evidence draws attention to lies told, or allegedly told, by the defendant.
3. Where the prosecution seek to show that something said, either in or out of the court, in relation to a separate and distinct issue was a lie, and to rely on that lie as evidence of guilt in relation to the charge which is sought to be proved.
4. Where although the prosecution have not adopted the approach to which we have just referred, the judge reasonably envisages that there is a real danger that the jury may do so."
1 Cites

1 Citers


 
Regina v Lesley [1996] Cr App Rep 39
1996
CACD

Criminal Practice
Referring to the standard alibi direction, "As the prosecution has to prove his guilt so that you are sure of it, he does not have to prove he was elsewhere at the time. On the contrary, the prosecution must disprove the alibi." the court said that 'while such a direction "should routinely be given" a failure to give it will not automatically render a conviction unsafe. That depends upon the facts of each case and the strength of the evidence.' An alibi is sometimes invented to bolster a true defence.
1 Citers


 
Regina v Pattinson and Exley (1996) 1 Cr App R 51
1996
CACD

Criminal Practice
In giving a Turnbull direction, the court should "(a) Warn the jury of the special need for caution before convicting on that evidence.. (b) Instruct the jury as to the reason for such need. And (c) Refer the jury to the fact that a mistaken witness can be a convincing witness, and that a number of witnesses can be mistaken." In this case: "the reference to the fact that questions of identification give considerable concern to the Courts, that concern being based on the fact that mistakes (even by honest and genuine witnesses) are made, does not seem to us adequately to deal either with the Courts' experience of the risks of miscarriages of justice or how convincing a mistaken witness can be. It does not put across the full force of the requirements that we are presently considering."
1 Citers


 
Slater v Commissioner of Metropolitan Police Times, 23 January 1996
23 Jan 1996
QBD

Criminal Practice, Police
Police have no power to retain cash on basis that it represented a fraudulent claim for benefits.


 
 Regina v Latif; Regina v Shahzad; HL 23-Jan-1996 - Gazette, 07 February 1996; Times, 23 January 1996; Independent, 23 January 1996; [1996] 1 WLR 104; [1996] 2 Cr App R 92; [1996] UKHL 16; [1996] 1 All ER 353; [1996] Crim LR 92

 
 Regina v Edwards (Maxine); CACD 31-Jan-1996 - Gazette, 28 February 1996; Times, 31 January 1996; [1996] 2 Cr App R 345
 
Regina v Salt Times, 01 February 1996
1 Feb 1996
CACD

Criminal Practice
An appeal was allowed when a juror was the son of the usher and was called regularly for jury service.

 
Reid v Chief Constable of Merseyside Times, 05 February 1996
5 Feb 1996
CACD

Criminal Practice
An immediate apology for the use of the phrase 'niggers in the woodpile' by the Judge meant that there was no risk of bias.

 
Regina v Flax Burton Magistrates Court Ex Parte Commissioners of Customs and Excise Gazette, 28 February 1996; Times, 06 February 1996
6 Feb 1996
QBD

Criminal Practice, Magistrates
Justices must consider the extent of their powers of sentencing when choosing to try a case summarily.
Magistrates Courts Act 1980 19(3)

 
Lord Chancellor v Brennan Times, 14 February 1996
14 Feb 1996
QBD

Criminal Practice
Counsel's advice on appeal is to be given in writing only if a specific request is made. Otherwise it is acceptable to give that advice orally.

 
Regina v Hicks; Regina v Cartell Ind Summary, 15 February 1996
15 Feb 1996
CACD

Criminal Practice
A trial was declared a nullity, after it had been adjourned for a fresh indictment to be provided, but none had then been prepared.
Administration of Justice Act 1933 2(1)

 
Nankissoon Boodram v Attorney-General of Trinidad and Tobago [1996] AC 842; (1996) 47 WIR 459
19 Feb 1996
PC
Lord Mustill
Criminal Practice, Commonwealth, Media
The court considered the effect of prejudicial reporting on a trial: “In a case such as this, the publications either will or will not prove to have been so harmful that when the time for the trial arrives the techniques available to the trial judge for neutralising them will be insufficient to prevent injustice. The proper forum for a complaint about publicity is the trial court, where the judge can assess the circumstances which exist when the defendant is about to be given in charge of the jury, and decide whether measures such as warnings and directions to the jury, peremptory challenge and challenge for cause will enable the jury to reach its verdict with an unclouded mind, or whether exceptionally a temporary or even permanent stay of the prosecution is the only solution.”
1 Citers



 
 Regina v Campbell; CACD 20-Feb-1996 - Times, 20 February 1996
 
Director of Public Prosecutions v Cottier Times, 22 February 1996; [1996] 1 WLR 826
22 Feb 1996
QBD
Saville LJ
Criminal Practice, Magistrates
Proceedings against a youth begin at court; notice need not be given to the youth panel before the charge itself is made at police station. When considering whether proceedings have been "begun" in any court for the section Saville LJ, said: "We were referred to a number of authorities which considered somewhat similar provisions, but all I glean from those is that the answer to the question when proceedings are instituted or begun depends on the context in which the words are used and the purpose of the provision."
Children and Young Persons Act 1969 34(2)
1 Citers



 
 Regina v Horseferry Road Metropolitan Stipendiary Magistrate Ex Parte K; QBD 22-Feb-1996 - Times, 22 February 1996; Gazette, 20 March 1996
 
Regina v Obelim and Others Times, 29 February 1996
29 Feb 1996
CACD

Criminal Practice
The Judge is not to enquire as to which juror originates a note. He should treat it as coming from all the jurors.

 
Hare and Others v Commissioners of Customs and Excise Times, 29 February 1996
29 Feb 1996
CA

Criminal Practice
Company assets were not to be taken in criminal cases where not charged, unless the company had been used to cloak criminal activity.
Criminal Justice Act 1988

 
Regina v Osieh Times, 05 March 1996; [1996] 2 Cr App R 145
5 Mar 1996
CACD

Criminal Practice
The alteration of an indictment by the adding of a new charge is not completely to be barred, but the court may think it proper to allow an adjournment.
1 Citers



 
 Regina v Maloney (PJ); CACD 25-Mar-1996 - Times, 25 March 1996; [1996] 2 Cr App R 303
 
Codrington v the Queen (Belize) [1996] UKPC 6
27 Mar 1996
PC

Criminal Practice, Commonwealth
The appellant had been convicted of murder. He had two grounds of appeal, that the judge had failed to get right the burden of proof, and that his counsel had not allowed him to give evidence when he had wanted to. The case was remitted. Although the judge's summing up was fair, the committee was unable to asses the truth of what had happened with counsel, and the court of appeal was better placed to make that judgement.
1 Cites

[ Bailii ]
 
Regina v Stratford Youth Court, Ex Parte Conde Times, 05 April 1996
29 Mar 1996
QBD
Lord Justice Leggatt and Sir Iain Glidewell
Criminal Practice
A court sentencing a youth who had been committed to it for sentence, had all the powers of the original court, including the power to accept a change of plea.
Children and Young Persons Act 1933 56(1)
1 Cites



 
 Regina v West (Rosemary); CACD 3-Apr-1996 - Times, 03 April 1996; 95/7813/S2; [1996] 2 Cr App R 374
 
Regina v Inner London Youth Court Ex Parte Director of Public Prosecutions Times, 04 April 1996
4 Apr 1996
QBD
Lord Justice Leggatt and Sir Iain Glidewell
Criminal Practice
If a Crown Court could properly sentence youth aged between 14 and 17 to more than two years then the Magistrates should commit the youth to the Crown Court. Only if the nature of the offence was such that the Crown Court could not properly exercise its section 53(2) powers should the justices take the view they should not make it possible for the crown court to pass such a sentence.
Magistrates Courts Act 1980

 
Regina v Clark (Raymond Dennis) Times, 10 April 1996
10 Apr 1996
CACD

Criminal Practice
Prosecutors should let charges reflect the multiplicity and gravity of sexual offences.


 
 Regina v Marsh; CACD 11-Apr-1996 - Gazette, 01 May 1996; Times, 11 April 1996
 
Regina v Howes Times, 15 April 1996
15 Apr 1996
CACD

Criminal Practice
Counsel is not to apply to cross examine a rape victim without having been given instructions requiring him to do so.
Criminal Appeal Act 1968 2


 
 Regina v Kearley (Deceased); CACD 8-May-1996 - Times, 16 May 1996; [1996] EWCA Crim 365

 
 Beard, Regina v; CACD 10-May-1996 - [1996] EWCA Crim 396; [1997] 1 PLR 64

 
 Regina v Central Criminal Court Ex Parte Guney; HL 10-May-1996 - Times, 10 May 1996; [1996] UKHL 11; [1996] AC 616; [1996] 2 All ER 705; [1996] 2 WLR 675

 
 Regina v Christou (George); HL 10-May-1996 - Times, 10 May 1996; Gazette, 10 May 1996; [1997] AC 117
 
Regina v Austin [1996] EWCA Crim 462; 95/2096/Z5
17 May 1996
CACD
Lord Justice Swinton Thomas
Criminal Practice
The defendant appealed, complaining of the relationship between an important prosecution witness, and the media.
1 Citers

[ Bailii ]
 
Regina v Jackson Times, 21 May 1996
21 May 1996
CACD

Criminal Practice
Time should be saved by explicit admissions of all elements of expert case.
1 Citers



 
 Regina v Atlan and Atlan; CACD 10-Jun-1996 - [1996] EWCA Crim 610
 
Pullar v The United Kingdom Times, 24 June 1996; [1996] 22 ECHR 391; 22399/93; [1996] ECHR 23; [1996] ECHR 23
10 Jun 1996
ECHR

Criminal Practice, Human Rights
The applicant P was an elected councillor. He faced a charge of corruption, being said to have have offered, for reward, to support a planning application made by M, a partner in a firm of architects, and C, a partner in a firm of quantity surveyors. He was tried before a sheriff and a jury in July 1992. M and C were the leading prosecution witnesses. Among the jurors summoned to the trial was F, a junior employee of M's firm who had received notice of dismissal on grounds of redundancy shortly before the trial began. F informed the clerk of the court of his employment in M's firm, but the clerk, having ascertained that F did not know P and was ignorant of the facts, took no action and did not inform the sheriff or the procurator fiscal or defending lawyers. M, on later seeing F sitting as a juror, told the clerk of his connection with F, but the clerk again took no action and informed no one. P was convicted. His lawyers learned of the connection between F and M only after the trial, and appealed to the High Court of Justiciary. That court had held that the clerk ought to have informed the sheriff, and if he had F would probably have been excused, but that a mere suspicion of bias was insufficient to justify quashing a verdict, and it was necessary to prove that a miscarriage of justice had actually occurred. So the appeal failed. The Commission unanimously found a breach of article 6(1) of the Convention: in the circumstances of the case the impartiality of the jury which convicted P was capable of appearing open to doubt and P's fears in this regard could be considered as objectively justified. Held: By a bare majority of 5-4, there had been no violation. Knowledge of a person did not necessarily lead to prejudice in his favour, and that it had to be decided whether the familiarity in question was of such a nature and degree as to indicate a lack of impartiality on the part of the tribunal. F had not worked on the project giving rise to the prosecution, and it was not clear that an objective observer would conclude that F, having just received notice of redundancy, would be more inclined to believe M rather than the witnesses for the defence. The presence of the complainant's employee on the jury did not stop the jury being impartial and the trial fair. The court recognised the several features of jury trial in Britain which help to guarantee the objective impartiality of the jury.
Hudoc No violation of Art. 6-1; No violation of Art. 6-1+6-3-d
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]

 
 Director of Public Prosecutions and others v Tokai and others; PC 12-Jun-1996 - [1996] AC 856; Appeal No 53 of 1995; [1996] UKPC 2; [1996] UKPC 19

 
 Farrington v The Queen; PC 17-Jun-1996 - Times, 16 July 1996; [1996] UKPC 20

 
 Regina v Bloomfield; CACD 25-Jun-1996 - [1997] 1 Cr App R 135; [1996] EWCA Crim 1801
 
Regina v Lord Chancellor Ex Parte Maxwell Times, 27 June 1996
27 Jun 1996
QBD

Criminal Practice
The Lord Chancellor was right to disallow a judge from conducting a second trial after he had been promoted to the Court of Appeal.
Supreme Court Act 1981 9

 
Michael Gayle v the Queen (Jamaica) Times, 02 July 1996; Appeal No 40 of 1995; Appeal No 40 of 1995; [1996] UKPC 3; [1996] UKPC 18; [2012] ECHR 1636; [2012] ECHR 1635; [2012] ECHR 1637; [1990] ECHR 34; [2009] ECHR 619; [1980] ECHR 9; [1997] ECHR 205; [2014] ECHR 293; [1978] ECHR 8; [2010] ECHR 2263; [1994] ECHR 59; [2011] ECHR 2422; [1985] ECHR 14; [2016] ECHR 699; [2016] ECHR 704; [2016] ECHR 986; [2017] ECHR 32
2 Jul 1996
PC

Jurisdiction, Criminal Practice, Commonwealth
The judicial Committee of the Privy-Council is not to be used as second court of appeal on matters of fact.
[ PC ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ]
 
In Re L (Restraint Order: Legal Costs) Times, 10 July 1996
10 Jul 1996
QBD

Criminal Practice
Drug trafficking restraint order was relaxed to allow payment of the legal costs of defence.

 
In the Matter of Nixon and Marshall In the Matter of Application for a Writ of Habeas Corpus Ad Subjiciendum [1996] EWHC Admin 27
10 Jul 1996
Admn

Prisons, Criminal Practice
Custody time limits.

 
Regina v Camberwell Green Magistrates' Court ex parte Dixon [1996] EWHC Admin 26
10 Jul 1996
Admn

Magistrates, Criminal Practice


 
Brennan v Department of Public Prosecutions [1996] EWHC Admin 29
12 Jul 1996
Admn

Criminal Practice
Appeal dismissed with costs - no further details.

 
Regina v Secretary of State for Home Department ex parte Henry, Edwards, Johnson [1996] EWHC Admin 37
16 Jul 1996
Admn

Criminal Practice
Breach of custody time limits - application for writ of habeas corpus.

 
Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey Times, 16 July 1996; (1996) 160 JP 613
16 Jul 1996
QBD
Henry LJ
Criminal Practice, Magistrates
The defendant had written to the court to request an adjournment. The case proceeded in his absence. Held: Justices have a broad discretion on the re-opening case after a conviction had been entered in the Defendant's absence. The defendant retained a right of appeal under s108. The absence was the defendant's entire responsibility. The court had shown respect for the convenience of witnesses, and a desire to show that the defendant had tested the limits of the court's patience.
Magistrates Courts Act 1980 142


 
 Regina v Jones (Steven Martin); CACD 23-Jul-1996 - Times, 23 July 1996; [1997] 1 Cr App R 86

 
 Regina v Nelson; CACD 25-Jul-1996 - [1996] EWCA Crim 707; [1997] Crim LR 234
 
Regina v Central Criminal Court Ex Parte AbuWardeh Times, 30 July 1996
30 Jul 1996
QBD

Criminal Practice
Need to protect public alone is not sufficient ground to extend custody limit.

 
Regina v Kokogho and Kokogho [1996] EWCA Crim 726
31 Jul 1996
CACD
Lord Justice Roch, Mr Justice Collins, And His Honour Judge Myerson Qc
Evidence, Criminal Practice
The defendants appealed convictions for fraud. It was alleged they had made multiple and false claims for housing and other benefits. Some evidence was admitted which should only have been admitted on the basis of it being similar fact evidence. Although the section would require no question to be put as to the defendant's character, in this case, he had himself made reference to such matters. Held: Any defect had been cured by the judge's careful direction. There was no duplicity in the charges. The defendants knew for which matters they had been convicted. Appeal dismissed.
Criminal Evidence Act 1898 1(f)
1 Cites

[ Bailii ]
 
Regina v Hawkins (Paul) Times, 06 August 1996; Gazette, 02 October 1996; Times, 02 August 1996; [1997] 1 Cr App Rep 234
2 Aug 1996
CACD
Bingham LCJ
Criminal Practice
The defendant sought leave to appeal out of time after a guilty plea. Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, since the defendant had been convicted of other offences which would stand.
Bingham LCJ: "It is plain, as we read the authorities, that there is no inflexible rule on this subject, but the general practice is plainly one which sets its face against the reopening of convictions in such circumstances. Counsel submits – and in our judgment correctly submits – that the practice of the Court has in the past, in this and comparable situations, been to eschew undue technicality and ask whether any substantial injustice has been done."
1 Cites

1 Citers


 
Regina v Law Times, 15 August 1996
15 Aug 1996
CACD

Criminal Practice
J has discretion to order disclosure by police of hearsay evidence.

 
Regina v Secretary of State for Home Department ex parte Sheqbayani [1996] EWHC Admin 68
30 Aug 1996
Admn

Immigration, Criminal Practice

[ Bailii ]
 
Regina v Bedwellty Justices Ex Parte Williams Gazette, 18 September 1996; [1997] AC 225; [1996] 2 Cr App R 594
18 Sep 1996
HL

Criminal Practice
A decision by magistrates to commit a case to the Crown Court in the absence of any admissible evidence is a reviewable decision. The committal was quashed.
Supreme Court Act 1981 29(3)
1 Citers



 
 Regina v Peter John Alan Hedworth; CACD 20-Sep-1996 - [1996] EWCA Crim 814; [1997] 1 Cr App R 421
 
Regina v O [1996] EWCA Crim 822
25 Sep 1996
CACD
Evans LJ, Cresswell J, Butterfield J
Criminal Practice
The defendants appealed their convictions for assault. They complained that the judge had wrongly allowed one defendant to be cross examined as to her previous convictions, and that this had undermined the second defendant also. Held: The questioning should not have been allowed, and both convictions were quashed.
Criminal Evidence Act 1898 1(f)(ii)
1 Cites

[ Bailii ]
 
Regina v Bow Street Magistrates ex parte Kazuhiro Sakashita and Takumi Hashimoto [1996] EWHC Admin 110
15 Oct 1996
Admn

Magistrates, Criminal Practice

1 Cites

[ Bailii ]

 
 Kumari v Jalal; CA 15-Oct-1996 - Times, 15 October 1996; [1997] 1 WLR 97

 
 Regina v Condron, Condron; CACD 17-Oct-1996 - Times, 04 November 1996; [1996] EWCA Crim 1129; [1997] 1 WLR 827; [1997] 1 Cr App R 185
 
Hols v Netherlands Unreported, 19 October 1996; 25206/94
19 Oct 1996
ECHR

Human Rights, Criminal Practice
The court arranged a live link transmission where both counsel were in the room with the witness while the judge and accused remained in the courtroom. Held: The application was declared inadmissible. The Convention does not guarantee the accused a right to be in the same room as the witness giving evidence. What matters is that the defence should have a proper opportunity to challenge and question the witnesses against the accused. These requirements can be satisfied even where, for good reason, the accused is not physically present at the questioning.
European Convention on Human Rights
1 Citers


 
Regina v Harrow Justices ex parte Laurence Jordan Times, 01 November 1996; [1996] EWHC Admin 133
21 Oct 1996
Admn

Criminal Practice
If an offence was committed whilst the defendant was released on licence, the Justices should deal with all matters or remit them all to the Crown Court
[ Bailii ]
 
Regina v Whelan [1996] EWCA Crim 1186; [1997] Cr LR 353
22 Oct 1996
CACD

Criminal Practice
The defendant appealed his conviction based upon the evidence of police officers who were subsequently discredited.
1 Citers

[ Bailii ]
 
Regina v Secretary of State for the Home Department and Another, Ex Parte Finninvest Spa and Others Times, 11 November 1996; [1996] EWHC Admin 142; [1997] 1 WLR 743; [1995] 2 BCLC 585; [1997] COD 94; [1997] Crim LR 213; [1997] 1 Cr App R 257; [1997] 1 All ER 942
23 Oct 1996
QBD
Simon Brown LJ, Gage J
Criminal Practice
The referral of an approach from the Italian authorities for help to the Serious Fraud Office was not wrong. Where assistance is being given to an authority abroad in relation to an on-going investigation both the letter of request and the draft warrant are likely of necessity to be drawn in wide terms. The 1990 Act "created a wholly new scheme for mutual assistance with regard to criminal investigations, a scheme under which it would plainly be necessary to examine altogether more material than would ultimately constitute evidence at any trial." and "What is under investigation here is, after all, as the respondents point out, a wide-ranging, multi-faceted, international fraud involving far-reaching allegations against a large number of individuals in connection with an even larger number of companies. Considering, moreover, that it is at the investigative stage, one can hardly look to greater particularisation of the offences than is contained in the letter of request. So far from this being a fishing expedition, specific allegations of fact are made concerning the. setting up of an elaborate network of overseas companies and the various ways in which. the false accounting has been committed. The documentation which it is believed will establish or support these allegations is or rather was with C.M.M. Ltd and Mr Mills. In short the request for assistance here is not, as the applicants contend, vague and speculative; rather it is as precise and focussed as such a. request could sensibly be in these circumstances. "
Crime (International Co-operation) Act 1990 - European Convention on Mutual Assistance in Criminal Matters 1959
1 Citers

[ Bailii ]

 
 Regina v Campbell; CACD 25-Oct-1996 - [1996] EWCA Crim 1206; [1997] 1 Cr App R 199
 
Regina v Cardiff Magistrates' Court ex parte Hole ex parte Lewis and Lewis ex parte Howard [1996] EWHC Admin 159
28 Oct 1996
Admn

Criminal Practice
Appeal against magistrate's refusal to stay proceedings as abuse of process.
[ Bailii ]

 
 Berry v Director of Public Prosecutions and Another; PC 28-Oct-1996 - Times, 28 October 1996
 
Regina v Rollinson Times, 29 October 1996
29 Oct 1996
CACD

Criminal Practice
An application for the defendant to be produced hand-cuffed during the trial is to be on notice and not ex parte.


 
 Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles; QBD 29-Oct-1996 - Times, 29 October 1996; [1998] QB 243

 
 Regina v Horseferry Road Magistrates' Court ex parte Director of Public Prosecutions (Case of Okiya); Admn 30-Oct-1996 - [1996] EWHC Admin 172
 
Regina v Leicester Crown Court ex parte Kaur [1996] EWHC Admin 170
30 Oct 1996
Admn
Potts J
Criminal Practice, Administrative
The claimant sought leave to bring judicial review of decision first to estreat her recognisance of £150,000 and second not to deal with her complaint about the behaviour of the Crown Court. Held: The request for a review was out of time. The decisions followed a finding that the applicant was both unreliable in her evidence and culpable in failing to ensure the attendance of her son for trial. The request was refused.
Powers of Criminal Courts Act 1973 31(1)

 
Regina v Horseferry Road Magistrates' Court ex parte Director of Public Prosecutions (Case of Folan) [1996] EWHC Admin 171
30 Oct 1996
Admn

Criminal Practice

[ Bailii ]
 
John Edwin Berry v Post Office Investigation Department [1996] EWCA Civ 926
11 Nov 1996
CA

Criminal Practice
The claimant's property was raided twice, and stamps removed. The first search led to charges which were dropped. He sought the return of all the property removed. In later proceedings it was said that a new claim was being made which was res judicata. Held: The appeal was dismissed. There was no proper reason why the items now claimed should not have been dealt with in the prior hearing.
1 Cites

[ Bailii ]

 
 Kin-Hung v The Queen; PC 11-Nov-1996 - [1996] UKPC 39
 
Wayne Swan v Vehicle Inspectorate Gazette, 15 January 1997; Times, 11 December 1996; [1996] EWHC Admin 219
11 Nov 1996
Admn

Criminal Practice, Road Traffic
The Time limit for commencing a prosecution doesn't begin to run until a person authorised to prosecute is told of the circumstances. A traffic examiner, not authorised to take a decision to prosecute could not be the 'prosecutor' under section 6 of the Road Traffic Offenders Act 1988.
Road Traffic Offenders Act 1988 6(1)
1 Citers

[ Bailii ]
 
Regina v Liverpool Crown Court ex parte Robert Moss [1996] EWHC Admin 223
13 Nov 1996
Admn

Criminal Practice
The defendant appealed his conviction saying the prosecution had failed to disclose an additional earlier and contradictory statement of a central prosecution witness. Held: The statement was of a witness whose evidence had been relied upon by the court and was startlingly different. The applicant having served his sentnce it would be wrong to order a retrial. Certiorari granted.
Criminal Justice Act 1988 38
[ Bailii ]
 
Regina v Associated Octel Co Ltd (Costs) Times, 15 November 1996
15 Nov 1996
CACD

Criminal Practice, Costs
Costs awarded to the prosecution can include the costs of the investigation before the charge was laid.
Prosecution of Offences Act 1985 18

 
Regina v Liverpool Stipendiary Magistrate ex parte Santos Times, 23 January 1997; [1996] EWHC Admin 235
15 Nov 1996
Admn

Magistrates, Criminal Practice
A solicitor's mistake as to the return date on a bail notice was capable of being a reasonable cause for a defendant's non-attendance at court to answer bail. The answer will be different in each case.
Bail Act 1976 6(1)
[ Bailii ]
 
Regina v Leeds Crown Court ex parte Kevin Willington [1996] EWHC Admin 243; [1996] EWHC Admin 260
18 Nov 1996
Admn

Criminal Practice

[ Bailii ] - [ Bailii ]
 
Regina v Secretary of State for Home Department and Governor of Her Majesty's Prison Risley ex parte Hargreaves, Briggs and Green Times, 03 December 1996; Gazette, 05 February 1997; [1996] EWCA Civ 1006; [1997] 1 WLR 906
20 Nov 1996
CA
Hirst LJ
Prisons, Criminal Practice, Administrative
No sufficient expectation which could form the basis of a judicial review arose from an agreement for prison home leave which was later denied. The only legitimate expectation of the prisoners was to have their applications individually considered in light of whatever policy was in force at the time.
1 Citers

[ Bailii ]

 
 O'Hara v Chief Constable of the Royal Ulster Constabulary; HL 21-Nov-1996 - Gazette, 15 January 1997; Times, 13 December 1996; [1996] UKHL 6; [1997] AC 286; [1997] 1 All ER 129; [1997] 2 WLR 1; [1996] NI 8; [1997] Crim LR 432; [1997] 1 Cr App Rep 447
 
Regina v Manzur; Regina v Mahmood Times, 06 December 1996; [1996] EWCA Crim 1566
28 Nov 1996
CACD

Criminal Practice
A co-accused's guilty plea was admissible only with an explanation of its basis.
Police and Criminal Evidence Act 1984 74
[ Bailii ]
 
Regina v Miller Times, 28 November 1996
28 Nov 1996
CACD

Criminal Practice
Imputations against witness giving evidence in writing opened up the Defendant's own previous character as an issue.

 
Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger [1996] EWHC Admin 300
29 Nov 1996
Admn
Staughton LJ, Tucker J
Immigration, Criminal Practice
The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution. Held: No abuse had been established, only delay.
Immigration Act 1993 6
1 Cites

[ Bailii ]
 
Regina v Cooke [1996] EWCA Crim 1595
2 Dec 1996
CACD

Criminal Practice
The defendant had been convicted upon his admission, and sentenced a later decision in another case indicated that the basis of his plea might be wrong. He sought permission to apply for leave to appeal out of time. Held: Leave to appeal was granted.
1 Cites

1 Citers

[ Bailii ]
 
Wallace and others v The Queen (Jamaica) Times, 31 December 1996; [1996] UKPC 47
3 Dec 1996
PC

Criminal Practice, Commonwealth
There is no general principle within criminal law that the judge should give reasons for his decisions.
[ Bailii ]

 
 Regina v Miah and Akhbar; CACD 9-Dec-1996 - Times, 18 December 1996; [1996] EWCA Crim 1653; [1997] 2 Cr App R 12
 
In the Matter of Hewitson [1996] EWHC Admin 347
11 Dec 1996
Admn

Criminal Practice

Prosecution of Offences Act 1985 3
[ Bailii ]
 
Regina v Director of Public Prosecutions ex parte Burke [1996] EWHC Admin 352
12 Dec 1996
Admn

Criminal Practice

[ Bailii ]
 
Wright v Commissioners of Customs and Excise [1996] EWHC Admin 367
13 Dec 1996
Admn

Criminal Practice
Application to remit a Case Stated for amendment - granted.
[ Bailii ]

 
 Regina v Argent; CACD 16-Dec-1996 - [1996] EWCA Crim 1728; [1997] 2 Cr App R 27; Times, 19 December 1996

 
 Saunders v The United Kingdom; ECHR 17-Dec-1996 - Times, 18 December 1996; 19187/91; [1997] 23 EHRR 313; 1996-VI; [1998] 1 BCLC 362; [1996] ECHR 65; 2 BHRC 358; [1997] BCC 872

 
 Regina v Commissioner of Metropolitan Police ex parte Thompson; Admn 18-Dec-1996 - [1996] EWHC Admin 379; [1997] 1 WLR 1519
 
Regina v Leominister Magistrates Court and and Hereford and Worcester County Council ex parte Aston Manner Brewery Co [1996] EWHC Admin 384
19 Dec 1996
Admn

Criminal Practice

Mineral Waters Regulations 1985 - Food Safety Act 1990 15(1)(b)
[ Bailii ]
 
Regina v Worcester Justices Ex Parte Daniels Times, 31 December 1996
31 Dec 1996
QBD

Criminal Practice
Conviction set aside when Magistrate failed to listen properly to Defendant's case.


 
 Regina v Smith (BP); CACD 31-Dec-1996 - Times, 31 December 1996
 
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