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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: 1997 To: 1997

This page lists 121 cases, and was prepared on 21 May 2019.

 
Regina v Jones (S) [1997] 1 Cr App R 86
1997

Lord Bingham CJ
Criminal Practice
The court considered the practice applicable when seeking to adduce new expert evidence on an appeal against sentence.
Lord Bingham CJ said: "Expert witnesses, although inevitably varying in standing and experience, are interchangeable in a way in which factual witnesses are not. It would clearly subvert the trial process if a defendant, convicted at trial, were to be generally free to mount on appeal an expert case which, if sound, could and should have been advanced before the jury. If it is said that the only expert witness in an established field whose opinion supports a certain defence was unavailable to testify at the trial, that may be thought (save in unusual circumstances) to reflect on the acceptability of that opinion."
1 Citers


 
Regina v Taylor [1997] Crim LR 649
1997


Criminal Practice

Criminal Appeal Act 1968 20
1 Citers


 
Regina v Doherty and McGregor [1997] 2 Cr App R 218
1997
CACD
Judge LJ
Criminal Practice
Fresh counsel instructed by McGregor on appeal alleged incompetence on the part of trial counsel. Held: Where a fresh advocate is instructed to advance an application for leave to appeal based on the conduct of the trial, s/he should consider very carefully whether it is necessary to contact the trial lawyers and or advise their client to waive privilege. This should be done at an early stage and preferably before the application for leave is put before the single judge so that, where appropriate, the single judge can have the benefit of the trial lawyers' comments.
1 Citers



 
 Regina v Brown and Brown; CACD 1997 - [1997] 1 Cr App R 112

 
 Regina v Dietrich and Aldridge; CACD 1997 - [1997] 1 Crim App R 369

 
 Regina v Graham; CACD 1997 - [1997] 1 Cr App R 302
 
State v Coetzee [1997] 2 LRC 593
1997

Sachs J
Criminal Practice
(South African Constitutional Court) The court explained the significance of the presumption of innocence: "There is a paradox at the heart of all criminal procedure in that the more serious the crime and the greater the public interest in securing convictions of the guilty, the more important do constitutional protections of the accused become. The starting point of any balancing enquiry where constitutional rights are concerned must be that the public interest in ensuring that innocent people are not convicted and subjected to ignominy and heavy sentences massively outweighs the public interest in ensuring that a particular criminal is brought to book… Hence the presumption of innocence, which serves not only to protect a particular individual on trial, but to maintain public confidence in the enduring integrity and security of the legal system. Reference to the prevalence and severity of a certain crime therefore does not add anything new or special to the balancing exercise. The perniciousness of the offence is one of the givens, against which the presumption of innocence is pitted from the beginning, not a new element to be put into the scales as part of a justificatory balancing exercise. If this were not so, the ubiquity and ugliness argument could be used in relation to murder, rape, car-jacking, housebreaking, drug-smuggling, corruption . . . the list is unfortunately almost endless, and nothing would be left of the presumption of innocence, save, perhaps, for its relic status as a doughty defender of rights in the most trivial of cases".
1 Citers


 
Rollo v HM Advocate [1997] Scots Law Times 958
1997

Lord Mulligan
Scotland, Criminal Practice
The court discussed the nature of a document as applied to an electronic notebook seized under the 1971 Act: "It seems to us that the essential essence of a document is that it is something containing recorded information of some sort. It does not matter if, to be meaningful, the information requires to be processed in some way such as translation, decoding or electronic retrieval".
Misuse of Drugs Act 1971 23(3)(b)
1 Citers


 
Regina v Bournemouth Justices, ex parte Maguire [1997] COD 21 DC
1997

Kennedy LJ
Criminal Practice
If magistrates having heard an application for leave to withdraw a plea of guilty conclude that the evidence described by the prosecution are not sufficient to find guilt, they may allow the plea to be withdrawn. Kennedy LJ: "Of course the court will be slow to allow such a change of plea unless there is some obvious reason why it is appropriate in the circumstances to allow it."
1 Citers


 
Regina v Stockport Justices Ex Parte Conlon etc Times, 03 January 1997
3 Jan 1997
QBD

Criminal Practice
One reason only is needed for commitment of person over 21. The situation is different where the defendant is under 21.
Magistrates Courts Act 1980 82(6)


 
 Regina v Leominster Magistrates Court and Another Ex Parte Aston Manor Brewery Co; QBD 8-Jan-1997 - Gazette, 05 February 1997; Times, 08 January 1997

 
 Regina v W (Crime: Pursuing Deceased's Appeal); CACD 8-Jan-1997 - Times, 08 January 1997

 
 Regina v Peterson; CACD 8-Jan-1997 - Times, 08 January 1997
 
Regina v Thames Metropolitan Stipendiary Magistrates ex parte William Field [1997] EWHC Admin 11
14 Jan 1997
Admn

Criminal Practice

Protection of Animals Act 1911
[ Bailii ]

 
 Regina v Hussain, Khan; CACD 20-Jan-1997 - [1997] EWCA Crim 107
 
Regina v Horseferry Magistrates' Court ex parte Barbara Tobiasinsky [1997] EWHC Admin 41
21 Jan 1997
Admn

Criminal Practice

[ Bailii ]
 
In the Matter of Robert Cruddas and In the Matter of Criminal Justice Act 1988 [1997] EWCA Civ 842
24 Jan 1997
CA

Criminal Practice

[ Bailii ]
 
Regina v Foley and Melville Times, 17 March 1997; [1997] EWCA Crim 392
10 Feb 1997
CACD

Criminal Practice
'proviso' on criminal appeals is no longer part of English law - repealed.
Criminal Appeal Act 1995 2(1)
[ Bailii ]
 
The Attorney General v Michael Fabian, In the Matter of the Supreme Court Act 1981 As Amended By Section 24 of Prosecution of Offences Act 1985 [1997] EWHC Admin 124
11 Feb 1997
Admn

Criminal Practice

Supreme Court Act 1981
[ Bailii ]

 
 Regina v Highbury Corner Magistrates' Court ex parte O'Donoghue; Admn 12-Feb-1997 - Times, 24 February 1997; [1997] EWHC Admin 132
 
Regina v City of London Magistrates Court and Director of Serious Fraud Office ex parte Green etc [1997] EWHC Admin 138
14 Feb 1997
Admn

Criminal Practice

[ Bailii ]
 
Regina v East Derbyshire Justices ex parte Director of Public Prosecutions [1997] EWHC Admin 140
14 Feb 1997
Admn

Criminal Practice
The stipendiary magistrate had stayed the prosecution of old sexual offences as an abuse of process. The Director appealed.
[ Bailii ]

 
 Regina v Warner; CACD 17-Feb-1997 - [1997] EWCA Crim 480

 
 Power v Provincial Insurance; CA 18-Feb-1997 - [1997] EWCA Civ 1037

 
 Regina v Van Der Molen; CACD 20-Feb-1997 - [1997] EWCA Crim 523; [1997] CLR 604; 96/04148/Z4
 
Regina v Graham Lisle Times, 26 February 1997; [1997] EWCA Crim 518
20 Feb 1997
CMAC

Criminal Practice, Armed Forces
A distinction is to be made between an objection to the jurisdiction the court, and an alternative charge.
Rules of Procedure (Air Force) 1972 (1972 No 419) 36 37
[ Bailii ]

 
 Regina v Brown (Winston); HL 20-Feb-1997 - Gazette, 03 September 1997; [1997] UKHL 33; [1998] AC 367; [1997] 3 All ER 769; [1997] 3 WLR 447; [1998] 1 Cr App Rep 66
 
E v London Borough of Islington [1997] EWHC Admin 180
25 Feb 1997
Admn
Popplewelll J
Rating, Criminal Practice

1 Cites

[ Bailii ]

 
 Gregory v The United Kingdom; ECHR 25-Feb-1997 - Times, 27 February 1997; 22299/93; (1997) 25 EHRR 577; [1997] ECHR 9
 
Findlay v The United Kingdom Times, 27 February 1997; 110/1995/616/706; 22107/93; (1997) 24 EHRR 221; [1997] ECHR 8; [2011] ECHR 1668
25 Feb 1997
ECHR

Criminal Practice, Human Rights, Armed Forces
The applicant complained that the members of a court-martial were appointed by the Convening Officer, who was closely linked to the prosecuting authorities. The members of the court-martial were subordinate in rank to the Convening Officer who had the power in prescribed circumstances to dissolve the court-martial either before or during the trial. The Strasbourg Court noted that all members of the court-martial fell within the chain of command of the Convening Officer with the result that the applicant's doubts about the Tribunal's independence and impartiality could be objectively justified. Held: The procedures are unfair. The convening officer has too much influence over the court. For a Tribunal to be impartial and independent "it must also be impartial for an objective viewpoint, that is it must offer sufficient guarantees to exclude any legitimate doubt in this respect." There were fundamental flaws in the court-martial system and "Nor could the defects referred to above be corrected by any subsequent review of proceedings. Since the applicant's hearing was concerned with serious charges classified as "criminal" under both domestic and Convention law, he was entitled to a first instance tribunal which fully met with the requirements of Article 6 (1)".
Army Act 1955 - European Convention on Human Rights Art 6.1
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Birmingham Crown Court ex parte Leon Bell and Regina v Birmingham Crown Court ex parte Leon Lloyd Brown and Paul Francis [1997] EWHC Admin 214
4 Mar 1997
Admn

Criminal Practice
Request for judicial review of decision to extend custody time limits.
[ Bailii ]
 
Regina v Resident Judge of Canterbury Crown Court and Resident Judge of Maidstone Crown Court ex parte Blok [1997] EWHC Admin 233
6 Mar 1997
Admn

Legal Aid, Criminal Practice
Judicial review was sought of letters from two Crown Court judges appearing to direct local magistrates as to the practice they should follow when facing applications to transfer legal aid orders in criminal matters. Held: The letters merely gave guidance on the practice actually followed in the Crown Courts.
[ Bailii ]
 
Regina v Derby and South Derbyshire Magistrate's Court, ex parte Leandro Pitzettu HC Admin 260
13 Mar 1997
Admn

Criminal Practice, Magistrates
The defendant faced a charge of driving with excess alcohol. His solicitors indicated he would plead guilty, and sought disclosure of police material which they anticipated would support his application for special reasons for not disqualifying him, namely that he had driven only a very short distance. They now appealed a refusal to order CPS to disclose such material. It was held that, in a summary case there was indeed no such power.
[ Bailii ]
 
Regina v Snaresbrook Crown Court ex parte Neil Ruffell [1997] EWHC Admin 275
14 Mar 1997
Admn

Criminal Practice

[ Bailii ]
 
Regina v Beedles Times, 14 March 1997; Gazette, 16 April 1997
14 Mar 1997
CACD

Criminal Practice
The plea of autrefois convict applies only if the legal substance of the charges is same but the judge has a discretion. The plea is not limited to Connelly v DPP definitions, but is still narrow.


 
 Regina v Naviede; CACD 21-Mar-1997 - [1997] EWCA Crim 784
 
Regina v Merthyr Tydfil Crown Court ex parte Richard West and Mark David [1997] EWHC Admin 321
25 Mar 1997
Admn

Criminal Practice
Extension of custody time limit.
[ Bailii ]
 
Regina v Morgan Times, 18 April 1997; [1997] EWCA Crim 829
26 Mar 1997
CACD

Criminal Practice
A failure to five a jury warning in the precise form suggested in Watson need not make the trial unfair.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Birmingham Crown Court Ex Parte Bell; Regina v Same Ex Parte Brown; Regina v Same Ex Parte Francis Times, 28 March 1997
28 Mar 1997
QBD

Criminal Practice
Custody time limit extension to be considered on expedition at time of extension.
Prosecution of Offences Act 1985 22(1) (3)


 
 Regina v Leicester Crown Court (Her Honour Judge Mayor QC) ex parte Shindo Kaur; CA 31-Mar-1997 - [1997] EWCA Civ 1366

 
 Regina v Greene; CACD 8-Apr-1997 - [1997] EWCA Crim 839; [1997] Crim LR 659
 
Regina v Kent Crown Court ex parte Satnam Singh Jodka [1997] EWHC Admin 346
9 Apr 1997
Admn

Criminal Practice

[ Bailii ]
 
Regina v Lewes Crown Court ex parte Barton [1997] EWHC Admin 380
17 Apr 1997
Admn

Criminal Practice

[ Bailii ]

 
 Regina v Leicester Crown Court Ex Parte Phipps; QBD 22-Apr-1997 - Times, 22 April 1997; [1997] EWHC Admin 253
 
Van Mechelen And Others v The Netherlands (1997) 25 EHRR 647; [1997] ECHR 22; 2 BHRC 486; 21427/93; 21363/93
23 Apr 1997
ECHR

Human Rights, Criminal Practice
A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, a registrar and the anonymous witnesses were in one room, while the applicants, their lawyers and the Advocate General were in another room. The two rooms were connected by a sound link only. Held: There had been a breach of article 6(3)(d) since the defence were not only unaware of the identity of the police witnesses but were also prevented from observing their demeanour under direct questioning, and thus from testing their reliability. It had not been explained to the Court's satisfaction why it was necessary to resort to such extreme limitations on the right of the accused to have the evidence against them given in their presence, or why less far-reaching measures were not considered. Any handicaps placed on the defence in criminal proceedings should be sufficiently counterbalanced by the procedures allowed by the judicial authorities, and "Having regard to the place that the right to a fair administration of justice holds in a democratic society, any measures restricting the rights of the defence should be strictly necessary. If a less restrictive measure can suffice then that measure should be applied".
ECHR Judgment (Merits and just satisfaction) - Violation of Art. 6-1+6-3-d; Just satisfaction reserved; Costs and expenses award - Convention proceedings.
European Convention on Human Rights 6.1
1 Citers

[ Worldlii ] - [ Bailii ]

 
 Barnes v Chief Constable of Durham; Admn 24-Apr-1997 - [1997] EWHC Admin 408; [1997] 2 Cr App R 505; (1998) 162 JP 126
 
Regina v Maidstone Crown Court ex parte Alan Peter Randall [1997] EWHC Admin 411
25 Apr 1997
Admn

Criminal Practice
Challenge to extension of custody time limits.
[ Bailii ]

 
 Regina v Maidstone Crown Court ex parte Randall; Admn 28-Apr-1997 - [1997] EWHC Admin 419
 
Barnes v Director of Public Prosecutions Times, 06 May 1997
6 May 1997
QBD

Criminal Practice
A dock identification can be proper where there has been no previous identification procedure undertaken.


 
 Regina v Townsend and Others; CACD 8-May-1997 - [1997] EWCA Crim 1118; [1997] 2 Cr App R 540
 
Regina v Croydon Youth Court ex parte Director of Public Prosecutions [1997] EWHC Admin 446; [1997] 2 Cr App R 411
8 May 1997
Admn

Criminal Practice
The defendant, a 12 year old boy , had been charged, with others, with offences of violence. He denied the charges. He objected to his interview with admissions being used. On being admitted he then pleaded guilty. Later cases against co-defendants were dismissed on the grounds that the prosecution had failed to adduce evidence to rebut the presumption of doli incapax. The claimant was aggrieved and tried to persuade the magistrates to allow him to change his plea to one of not guilty. The magistrates agreed and ordered that the proceedings should be reopened and the case heard again by a different bench. The Director applied for judicial review. Held: The application succeeded. The justices were wrong to think they could use the section. The purpose of the section was to rectify mistakes. It is a slip rule and should not be extended to cover situations beyond those akin to a mistake. It was wholly wrong to employ section 142(2) to allow a defendant where he could not appeal to the Crown Court because of his plea. The interests of justice also included the interests of the Courts and the public that people who had pleaded guilty with the advice of counsel should continue to be regarded as guilty and that there should be certainty and an end to litigation.
Magistrates Courts Act 1980 142
1 Citers

[ Bailii ]
 
Regina v York Magistrate Court ex parte Grimes Times, 27 June 1997; [1997] EWHC Admin 461; (1997) 161 JPN 794; [1998] BPIR 642; 161 JP 550
12 May 1997
Admn

Criminal Practice, Magistrates
The defendant sought judicial review of the decision of the magistrates to commit her to prison for non-payment of fines. The had found wilful neglect to pay. Held: The magistrates had erred in thinking that the variability of the defendant's wage disallowed an attachment order. The committal was quashed and the case remitted for rehearing.
Attachment of Earnings Act 1971 1(3)
1 Cites

[ Bailii ]

 
 Regina v Jackson, Brady, Packer, Powell, and Kearns; CACD 13-May-1997 - Times, 09 June 1997; Gazette, 18 June 1997; [1997] Crim LR 755; (1997) 161 JP 815; (1997) 161 JPN 770; [1997] EWCA Crim 1170; [1997] 2 Cr App R 497
 
Regina v Ball Unreported
15 May 1997
CACD

Criminal Practice
The court considered the correct approach on a suggestion of inconsistent jury verdicts: "As it seems to us there is no logical inconsistency in the verdicts returned by the jury and unless there is a logical inconsistency the question of whether or not the jury's verdict can sensibly be explained does not generally arise.
There have recently been a number of appeals to this Court based on allegedly inconsistent verdicts and it is perhaps worth emphasising that it is axiomatic that generally speaking logical inconsistency is an essential pre-requisite for success in this Court (see Durante [whose reference we have given] R v. Warner (unreported Court of Appeal (Criminal Division) 17th February 1997."
1 Cites

1 Citers


 
Regina v Griffin [1997] EWCA Crim 1203
15 May 1997
CACD

Criminal Practice
The court ordered an investigation into an alleged connection between a juror and the parties.
[ Bailii ]

 
 Regina v Wicks; HL 21-May-1997 - Times, 26 May 1997; Gazette, 17 September 1997; [1997] UKHL 21; [1998] AC 92; [1997] 2 All ER 801; [1997] 2 WLR 876
 
Regina v Ghadamia Times, 21 May 1997
21 May 1997
CACD

Criminal Practice
The defendant's mortgage debts are to be disregarded when looking at whether or not to make a confiscation order, but are not to be disregarded when making a costs order. The two questions look at the defendant's circumstances from different points of view.
Criminal Justice Act 1988 Part VI


 
 Regina v Imran, Hussain; CACD 9-Jun-1997 - [1997] EWCA Crim 1401; [1997] CLR 754
 
Harris v Harris Unreported, 11 June 1997
11 Jun 1997
CA

Family, Criminal Practice
The interests of the family in ancillary relief proceedings had to be postponed to those of the victims of the dishonest husband.
1 Citers


 
Regina v Richard David Horsman Times, 03 July 1997; [1997] EWCA Crim 1442
13 Jun 1997
CACD

Criminal Practice
The Court of Appeal may not substitute a conviction for a lesser offence when the Defendant originally pleaded to the charge he faced.
Criminal Appeal Act 1968 3
[ Bailii ]
 
Regina v Metropolitan Stipendiary Magistrates ex parte Levy [1997] EWHC Admin 559
16 Jun 1997
Admn
Simon Brown LJ, Garland J
Criminal Practice, Magistrates, Judicial Review
The court was asked whether a defendant can be convicted of driving while disqualified notwithstanding that, subsequent to the act of driving in question, he has successfully appealed against the conviction for which he had earlier been disqualified? The magistrates refused to state a case, saying that the request was frivolous. Held:
As to the refusal to state a case, if there is a real point to be argued, then a case should have been stated. Simon Brown LJ said: "On 13th November 1996 the Magistrate refused to state a case, explaining fully and helpfully the reasons why he regarded the applicant's argument as unsustainable and why in the result he concluded that the application was frivolous within the meaning of section 111(5) of the Magistrates' Court Act 1980.
Invited by the applicant's solicitors on 4th December 1996 to reconsider his decision, the Magistrate on 11th December refused, pointing out that, in any event, 'the case has in effect been stated in the body of that letter' (i.e. his earlier letter of 13th November). The same day, 11th December 1996, the applicant brought judicial review proceedings seeking an order for mandamus to require the respondent Magistrate to state a case. Leave to move was granted . . on 26th January 1997, and it was in that form that the matter first came before us today. As, however, I have had occasion to remark in a number of other cases, such a course, although conventional and technically correct, is in fact, in circumstances such as arise here, absurdly inconvenient. If it succeeds, all it produces is an order for a case to be stated which in reality advances the resolution of the substantive issue not one jot. Far better surely, in a case like this where the facts are not in dispute and where in any event the Magistrate has, as he observed, already in effect stated the case, that the true issue should be placed directly before this court (as so easily it can be) by way of a straightforward judicial review challenge to the legality of the conviction . . With these considerations in mind, we gave leave at the outset of the hearing to amend the proceedings to include a separate judicial review challenge going directly to the conviction on 23rd October 1996 so as to raise squarely for present decision - rather than merely for the expression of a prima facie view upon - the critical issue arising. I should just note that we took this course with the agreement not merely of the applicant, but also of the Crown Prosecution Service who fortunately were represented before us."
Magistrates' Court Act 1980
1 Citers

[ Bailii ]
 
Regina v Croydon Crown Court ex parte Commissioners of Customs and Excise [1997] EWHC Admin 588
24 Jun 1997
Admn

Criminal Practice

[ Bailii ]
 
Regina v Hobson Times, 25 June 1997
25 Jun 1997
CACD

Criminal Practice
The defendant was given a retrial. There had been developments after her conviction of the understanding of battered woman's syndrome which might have given a defence at trial.


 
 Regina v Oke; CACD 25-Jun-1997 - [1997] EWCA Crim 1561

 
 Regina v Stipendiary Magistrate for Norfolk ex parte Dean Taylor; Admn 1-Jul-1997 - [1997] EWHC Admin 611
 
Rolf Gustafson v Sweden 23196/94; (1997) 25 EHRR 523; [1997] ECHR 41
1 Jul 1997
ECHR

Human Rights, Criminal Practice
Article 6 was engaged by an application for compensation under a statutory compensation scheme.
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Plymouth Magistrates' Court; Chief Constable of Devon and Cornwall Constabulary and Director of Serious Fraud Office ex parte BJ and EK Kreuter and others [1997] EWHC Admin 635
4 Jul 1997
Admn

Criminal Practice

[ Bailii ]
 
Regina v Christopher John Anderson [1997] EWCA Crim 1746
8 Jul 1997
CACD

Criminal Practice
Sentence of defendant by magistrates whilst he awaited sentence for similar offences in crown court.
[ Bailii ]
 
Regina v Oke [1997] EWCA Crim 1754
8 Jul 1997
CACD

Criminal Practice
A juror's husband had been listening in court. He was present when the jury was sent out and matters prejudicial to the defendant were discussed. Held: After questioning of the husband, there was no evidence to suggest that any improper communication had taken place between them. Appeal dismissed.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Solihull Justices ex parte Michael Alan Gociek [1997] EWHC Admin 650
8 Jul 1997
Admn

Magistrates, Criminal Practice

[ Bailii ]
 
Regina v Horseferry Road Magistrates' Court ex parte Brown [1997] EWHC Admin 680
14 Jul 1997
Admn

Criminal Practice

[ Bailii ]

 
 Regina v Dawson, Dawson; CACD 14-Jul-1997 - [1997] EWCA Crim 1825

 
 Regina v Rajkumar; CACD 15-Jul-1997 - [1997] EWCA Crim 1844
 
Regina v Leicestershire Justices ex parte Peter Brine [1997] EWHC Admin 688
15 Jul 1997
Admn

Criminal Practice

[ Bailii ]

 
 Sergio Cuoghi v Governor of Her Majesty's Prison Brixton and Government of Switzerland; CA 15-Jul-1997 - Times, 24 July 1997; [1997] EWCA Civ 2109; [1997] 1 WLR 1346

 
 Regina v Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina v McWilliams; HL 24-Jul-1997 - Gazette, 05 November 1997; Times, 20 October 1997; [1997] NI 278; [1997] UKHL 39; [1997] 4 All ER 833; [1997] 1 WLR 1475

 
 Regina v Mills, Regina v Poole; HL 24-Jul-1997 - Times, 30 July 1997; [1997] UKHL 35; [1998] 1 Cr App Rep 43; [1998] AC 382; [1997] 3 All ER 780; [1997] 3 WLR 458

 
 Regina v Myers; HL 24-Jul-1997 - Times, 31 July 1997; Gazette, 17 September 1997; [1997] Crim LR 888; [1997] UKHL 36; [1998] AC 124; [1997] 4 All ER 314; [1997] 3 WLR 552; [1998] 1 Cr App Rep 153

 
 Regina v Secretary of State for Home Department ex parte Probyn ex parte Walker; Regina v Taylor; CACD 29-Jul-1997 - [1997] EWCA Crim 2026
 
Regina v Isleworth Crown Court ex parte Clarke [1997] EWHC Admin 735
30 Jul 1997
Admn

Criminal Practice

[ Bailii ]
 
In the Matter of Ljubomir Koncar (By His Next Friend Lazo Koncar); In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1997] EWHC Admin 734
30 Jul 1997
Admn

Criminal Practice

Criminal Procedure (Insanity) Act 1964 5
[ Bailii ]

 
 Regina v Hickey, Hickey, Robinson, Molloy; CACD 30-Jul-1997 - [1997] EWCA Crim 2028
 
Regina v Clarke and Fletcher (unreported, 30 July 1997)
30 Jul 1997
CACD
Hutchison LJ
Criminal Practice
Hutchison LJ said: "The way in which this Court should approach an appeal against conviction, based on allegedly inconsistent verdicts is well settled. To succeed the appellant must show first the verdicts are logically inconsistent, and secondly, that they are so inconsistent as to demand interference by an appellate court i.e. that there is no way in which the logically inconsistent verdicts can be sensibly explained. For those proposition we rely on the authority of R v. Durante."
1 Cites

1 Citers


 
Regina v Canterbury Crown Court ex parte Preston [1997] EWHC Admin 740
31 Jul 1997
Admn

Criminal Practice

[ Bailii ]

 
 Regina v Director of Public Prosecutions ex parte Treadaway; Admn 31-Jul-1997 - Times, 31 October 1997; [1997] EWHC Admin 741
 
Thongjai v the Queen; Lee Chun-Kong v the Queen Times, 05 August 1997; [1997] UKPC 31
5 Aug 1997
PC
Lord Hutton
Criminal Practice
HL (Hong Kong) A challenge on the admissibility of an admission is not inconsistent with a denial that it had been made; one is question for judge, the other a question of fact for the jury. Lord Hutton aid that Lord Bridge's speech in Ajodha was not to be read restrictively as limited to written statements or that "an issue of voluntariness for the judge to decide can only arise if the evidence of the prosecution suggests that the admission may be involuntary", and
"Whilst the statements considered by the Board in the Ajodha case were written statements, their Lordships are clearly of opinion that the principle stated by Lord Bridge applies also to oral admissions. Therefore where the prosecution alleges that the defendant made an oral admission, and the case is raised on behalf of the defendant that he did not make the oral admission and that he was ill-treated by the police before or at the time of the alleged admission, two issues are raised which are not mutually exclusive. The first issue, which is for the judge to decide, is whether, on the assumption that the alleged admission was made, it is inadmissible as being involuntary. The second issue, which is for the jury to decide if the judge rules that the alleged admission is admissible in evidence, is whether the admission was in fact made."
1 Cites

1 Citers

[ Bailii ]
 
Huther v Gabriele Times, 19 August 1997
19 Aug 1997
QBD

Criminal Practice
A magistrate has an obligation to allow the side against whom a costs order is made to see the basis of the bill, but in absence of a request could proceed.
Costs in Criminal Cases (General) Regulations 1986 (1986 No 1335)

 
In the Matter of an Application for a Writ of Habeas Corpus Subjiciendum and In the Matter of Bozkurt [1997] EWHC Admin 829
3 Oct 1997
Admn
Gage J
Criminal Practice
Custody time limits cease to apply once a jury has been sworn.
Prosecution of Offences Act 1985 22
1 Citers

[ Bailii ]
 
In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum v In the Matter of Winston Leachman [1997] EWHC Admin 833
6 Oct 1997
Admn

Criminal Practice
The defendant said that his trial in his absence had been wrongful, and therefore also his detention in prison.
[ Bailii ]
 
Regina v Bow Street Magistrates' Court ex parte Don King v Don King Productions Incorporated [1997] EWHC Admin 844
8 Oct 1997
Admn

Criminal Practice, International

Criminal Justice (International Co-operation) Act 1990 4(1)(a)
[ Bailii ]
 
Criminal proceedings against Grado and Bashir C-291/96; [1997] EUECJ C-291/96
9 Oct 1997
ECJ
R. Schintgen P
European, Criminal Practice
ECJ Preliminary reference - Criminal proceedings - Use of a courtesy title - Discrimination - Relevance of the question - Lack of jurisdiction
[ Bailii ]

 
 Regina v Wood, Fitzsimmons; CACD 10-Oct-1997 - [1997] EWCA Crim 2422; [1998] Crim LR 213

 
 Regina v McQuiston; CACD 10-Oct-1997 - Times, 10 October 1997
 
Application for Leave To Appeal To House of Lords [1997] EWHC Admin 863
13 Oct 1997
Admn

Criminal Practice
Whether guilty plea was equivocal.
[ Bailii ]

 
 Practice Direction (Crime: Antecedents); CACD 15-Oct-1997 - Times, 15 October 1997
 
Regina v South Yorkshire Police ex parte Tammy Jane Mccubbin [1997] EWHC Admin 882
15 Oct 1997
Admn

Criminal Practice
Abuse of process.
[ Bailii ]

 
 Regina v Emmett and Another; HL 16-Oct-1997 - Times, 17 November 1997; Gazette, 03 December 1997; [1998] 1 Cr App Rep 247; [1997] UKHL 48; [1998] AC 773; [1997] 4 All ER 737; [1997] 3 WLR 737
 
Regina v Salisbury Crown Court ex parte Cook [1997] EWHC Admin 888
16 Oct 1997
Admn

Criminal Practice
Renewed application for leave to apply for judicial review of decision of crown court to refuse to state a case. Held. A case should be stated.
[ Bailii ]
 
Martins v Liverpool City Magistrates Court [1997] EWHC Admin 894
17 Oct 1997
Admn

Criminal Practice

[ Bailii ]

 
 Regina v Long (Leonard); CACD 24-Oct-1997 - Times, 24 October 1997
 
Regina v Haringey Justices Employment ex parte Julian Branco [1997] EWHC Admin 922
24 Oct 1997
Admn

Criminal Practice, Magistrates
The defendant sought judicial review of his conviction saying that the chairwoman knew his mother and was antipathetic to her, and had shown bias in the trial. Held: There had been confusion, but no real risk of bias. The review was refused.
1 Cites

[ Bailii ]

 
 Regina v Comerford; CACD 28-Oct-1997 - Gazette, 26 November 1997; Times, 03 November 1997; [1997] EWCA Crim 2697; [1998] 1 Cr App Rep 235; [1998] 1 WLR 191; [1998] 1 Cr App R 235; [1998] 1 All ER 823
 
In the Matter of Jerome Lloyd Lindley v In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1997] EWHC Admin 935
29 Oct 1997
Admn

Criminal Practice

Backing of Warrants (Republic of Ireland) Act 1965 6(1)
[ Bailii ]
 
Van Mechelen And Others v The Netherlands 21363/93; 21364/93; [1997] ECHR 90
30 Oct 1997
ECHR
Bernhardt, P
Human Rights, Criminal Practice
The defendant's right to a fair trial had been infringed where anonymous police witnesses gave evidence against the defendant in circumstances such that, not only did the defendant know their identities, but he was unable to observe their demeanour under direct questioning, and thus judge their reliability.
European Convention on Human Rights
1 Cites

[ Worldlii ] - [ Bailii ]
 
Regina v Ealing Magistrates' Court ex parte Satnam Sahota Gazette, 26 November 1997; Times, 09 December 1997; [1997] EWHC Admin 993
10 Nov 1997
QBD

Criminal Practice, Magistrates
A delay in appeal against a decision taken in the absence of the accused is not the sole ground to be considered for the refusal of a rehearing.
Criminal Appeal Act 1995
[ Bailii ]

 
 Regina v Kaul; Regina v Collin; CACD 10-Nov-1997 - Times, 10 November 1997
 
Postermobile plc v London Borough of Brent [1997] EWHC Admin 1002; Times, 08 December 1997
11 Nov 1997
Admn
Schiemann LJ, Moses J
Planning, Criminal Practice
At a meeting with Council Officers, the Appellants were told that they did not need consent for advertisements under the advertisements regulations. In reliance on that advice advertisements were erected and the Council then prosecuted the Appellants for not obtaining the necessary consent. The defendants appealed a refusal of a stay for abuse of process. Held:
[ Bailii ]
 
Director of Public Prosecutions v G (Duty to Investigate) Times, 24 November 1997
24 Nov 1997
QBD

Criminal Practice
Head teacher has no statutory duty to investigate offences inside school and has no obligation to follow PACE procedures.
Police and Criminal Evidence Act 1984 67(9)

 
Regina v Thames Magistrates' Court ex parte Horgan Times, 09 December 1997; Gazette, 17 December 1997; [1997] EWHC Admin 1045
25 Nov 1997
Admn

Criminal Practice, Company
That the same rules apply to time limits for prosecution of a company as for others, for summary offences, did not apply to either way offences tried summarily.
Magistrates Courts Act 1980 127 - Companies Act 1986 731(2)
[ Bailii ]

 
 Regina v H (Sexual Assault); CACD 4-Dec-1997 - Times, 04 December 1997
 
Postermobile Plc v Brent London Borough Council Times, 08 December 1997
8 Dec 1997
QBD

Criminal Practice, Planning
Prosecution for planning breaches after re-assurance that consent not required was an abuse of process.


 
 Regina v Millar; CACD 9-Dec-1997 - [1997] EWCA Crim 3228

 
 Regina v Greer; CACD 11-Dec-1997 - [1997] EWCA Crim 3263; [1998] Crim LR 572

 
 Regina v Alan Martin (On Appeal From Her Majesty's Courts - Martial Appeal Court); HL 16-Dec-1997 - Gazette, 21 January 1998; [1997] UKHL 56; [1998] AC 917; [1998] 1 All ER 193; [1998] 2 WLR 1; [1998] 1 Cr App Rep 347

 
 Regina v Sekadde; CACD 16-Dec-1997 - [1997] EWCA Crim 3339
 
Director of Public Prosections v Coleman Gazette, 17 December 1997
17 Dec 1997
QBD

Criminal Practice, Road Traffic
Application for extension of time to appeal against defendant's acquittal, may be made to judge alone, but defendant to have chance to speak.


 
 Regina v Tarrant; CACD 18-Dec-1997 - Times, 29 December 1997; [1997] EWCA Crim 3364
 
Regina v Chalkley, Jeffries Times, 19 January 1998; Gazette, 04 February 1998; [1998] QB 848; [1997] EWCA Crim 3416; [1998] 3 WLR 146; [1998] 2 Cr App R 79
19 Dec 1997
CACD
Auld LJ, Kennedy, Blofield JJ
Criminal Practice
The 1995 Act will not permit the Court of Appeal to allow an appeal where a conviction was safe but there was a substantial procedural unfairness. In order to understand the role of pre-1 January 1996 jurisprudence in applying what is now the current test it is important to understand what was meant by a plea of guilty being 'founded upon' a ruling. There are two possibilities. The first is where, in the light of the admitted facts, the erroneous ruling left the defendant at trial with no legal basis for a verdict of not guilty. The second and broader meaning of the expression 'founded upon' in this context is 'influenced by' -- that is, where a plea of guilty was influenced by an erroneous ruling of law. It is only where an erroneous ruling of law, coupled with the admitted facts made acquittal legally impossible that a plea of guilty can properly be said to have been 'founded upon' the ruling so as to enable a successful appeal against conviction. The fact that an erroneous ruling of law as to the admissibility of certain prosecution evidence drives a defendant to plead guilty because it makes the case against him factually overwhelming will not do. It does not make it impossible for him to maintain his innocence as a matter of law or of fact, it merely makes it harder.
Criminal Appeal Act 1995 2(1)
1 Cites

1 Citers

[ Bailii ]
 
Mcleod v Her Majesty's Advocate (No 2) [1997] ScotHC 2; 1998 SLT 233; 1998 GWD 4-161; 1998 JC 67; 1998 SCCR 77
19 Dec 1997
HCJ
Lord Justice General Rodger
Scotland, Criminal Practice
In a criminal case, the duty of disclosure was an aspect of the role of the Crown.
1 Citers

[ Bailii ]
 
Alistair Mcleod v Her Majesty's Advocate (No 2) [1997] ScotHC 1; 1998 JC 67
19 Dec 1997
HCJ
Lord Justice General
Scotland, Criminal Practice, Human Rights
A full court applied the guidance in Edwards -v- United Kingdom when considering the duty of the Crown to make disclosure under Scots law: "Our system of criminal procedure therefore proceeds on the basis that the Crown have a duty at any time to disclose to the defence information in their possession which would tend to exculpate the accused." The court would order the production of documents if satisfied that their production "would be likely to be of material assistance to the proper preparation or presentation of the accused's defence". The duty was to disclose information that "is significant to an indicated line of defence" or is likely to be of real importance "to any undermining of the Crown case or to any casting of reasonable doubt on it".
1 Cites

1 Citers

[ Bailii ] - [ ScotC ]

 
 Regina v Smith (David James); CACD 19-Dec-1997 - Times, 19 December 1997
 
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