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Criminal Practice - From: 1998 To: 1998

This page lists 136 cases, and was prepared on 21 May 2019.


 
 Regina v Lee; 1998 - (1998) 195 CLR 594; (1998) 157 ALR 394; (1998) 16 Leg Rep C1
 
Re Molloy's Application [1998] NI 78
1998
CANI
Carswell LCJ
Criminal Practice, Northern Ireland

1 Cites


 
Regina v G [1998] Crim LR 483
1998
CACD

Criminal Practice
Inconsistent verdicts
1 Citers


 
In the Matter of G (a Minor) (By His Next Friend Beverley Hallam) v In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1998] EWHC Admin 16
14 Jan 1998
Admn

Criminal Practice

Bail Act 1976 7
[ Bailii ]
 
Regina v Falls Times, 15 January 1998
15 Jan 1998
CMAC

Criminal Practice, Armed Forces
Judge may choose to deal with jury's question not when asked but later at summing up if that seems appropriate in the circumstances.


 
 Regina v Gooch; CACD 16-Jan-1998 - Times, 29 January 1998; Gazette, 18 February 1998; [1998] EWCA Crim 132; [1998] 2 Cr App R 130

 
 Regina v Preston Crown Court ex parte Lancashire County Council; Admn 20-Jan-1998 - Times, 23 November 1998; [1998] EWHC Admin 40; [1999] 1 WLR 142
 
Regina v Birchall Times, 10 February 1998; [1998] EWCA Crim 177; [1999] Crim LR 311
20 Jan 1998
CACD
Lord Bingham CJ
Evidence, Criminal Practice
The judge had failed in his direction to remind the jury that they had to find a case to answer before drawing any adverse inference from the defendant's silence at trial Held: The court must be careful not to omit any elements of the standard directions to the jury on the drawing of inferences from a defendant's silence in order to avoid any risk of injustice.
As to the model directions, Lord Bingham CJ said: "The Court was reluctant to countenance the view that direction of a jury called for the mouthing of a number of mandatory formulae, and departure by the trial judge from a prescribed form of words would by no means always justify the upsetting of a jury's verdict. However, standard directions were devised to serve the ends of justice and the Court must be astute to ensure that these ends were not jeopardised by failure to give directions where they were called for. The drawing of inferences from silence was a particularly sensitive area . ."
Criminal Justice and Public Order Act 1994 35
1 Citers

[ Bailii ]

 
 Regina v Preston Crown Court ex parte Lancashire County Council; Admn 20-Jan-1998 - Times, 23 November 1998; [1998] EWHC Admin 40; [1999] 1 WLR 142

 
 Regina v Nickolson; CACD 23-Jan-1998 - [1998] EWCA Crim 238

 
 Mitchell v The Queen; PC 24-Jan-1998 - Times, 24 January 1998; [1998] UKPC 1; [1998] AC 695
 
Edwin Charles Ellis, In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1998] EWHC Admin 74
27 Jan 1998
Admn

Criminal Practice

Backing of Warrants (Republic of Ireland) Act 1965 2
[ Bailii ]

 
 Regina v Mahmood; CACD 27-Jan-1998 - [1998] EWCA Crim 259
 
Regina v Norfolk Stipendary Magistrates ex parte Keable Times, 05 February 1998; [1998] EWHC Admin 108; [1998] CLR 510
29 Jan 1998
Admn

Criminal Practice, Magistrates
A police investigation into an offence not yet committed, did not count as an investigation into that offence for the purposes of setting the start date under the Act.
Criminal Procedure and Investigations Act 1996 1(3)
1 Citers

[ Bailii ]
 
In the Matter of Ronald Briggs; In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1998] EWHC Admin 125
2 Feb 1998
Admn

Criminal Practice
Custodt Time limits.
[ Bailii ]

 
 Hayter v L and Another; QBD 3-Feb-1998 - Times, 03 February 1998; [1998] 1 WLR 854
 
Regina v Chief Constable of the Lancashire Constabulary Ex Parte Atkinson and Another Times, 04 March 1998; [1998] EWHC Admin 145
5 Feb 1998
Admn

Criminal Practice, Police
The giving of a caution was possible after an inadmissible confession, but wise practice required police officers to obtain an admission on tape first.
Police and Criminal Evidence Act 1984 Codes of Practice Code C
[ Bailii ]

 
 Regina v Dossetter; CACD 5-Feb-1998 - Times, 05 February 1998
 
Regina v Anderson, Clarke, McDaid [1998] EWCA Crim 442
9 Feb 1998
CACD

Criminal Practice
The defendants appealed their convictions on the basis that the voluntary bills of indictment had not been signed as required under the 1933 Act.
1 Citers


 
Regina v Mark McGovern [1998] EWCA Crim 528; 9701076/X4
13 Feb 1998
CACD

Criminal Practice
The court considered an application to withdraw an unequivocal guilty plea: "What is, of course, highly material is whether or not on the Crown case there was evidence to support the charge in the terms to which the plea was entered and whether or not the instructions given by the defendant at the time the plea was entered were consistent with the basis of the plea being put forward."
1 Citers

[ Bailii ]
 
Thompson v The Queen [1998] UKPC 6; [1998] AC 811
16 Feb 1998
PC
Lord Hutton
Criminal Practice
(Saint Vincent and the Grenadines) When a defendant is of good character, ie has no convictions of any relevance or significance, he is entitled to the benefit of a good character direction from the judge when summing up to the jury, tailored to fit the circumstances of the case. As to the significance of one error in the summing up, Lord Hutton noted that it was a brief observation in a lengthy summing-up and that the judge had not elaborated on the statement.
Lord Hutton discussed the need not to mention a voir dire to the jury: "It appears that it has been a common practice in the courts in the Caribbean for a trial judge to tell a jury that he or she has held that confessions are voluntary statements. However in England it is recognised that this practice should not be followed and that it constitutes an irregularity for the judge to inform the jury, which has been absent during the voire dire, that he or she has ruled that a confession is admissible. The reason why such a statement by the judge to the jury should not be made is because of the danger that the jury might be influenced by the judge's view on admissibility in deciding the questions which are for them alone, namely, whether the confession had been made and, if so, whether it was truthful and reliable. Therefore their Lordships are of opinion that the practice should also cease in the Caribbean: see the judgment of the Board in Mitchell v The Queen [1998] UKPC 1; [1998] AC 695."
1 Cites

1 Citers

[ Bailii ]
 
David Gordon Radford v Kent County Council [1998] EWHC Admin 199
18 Feb 1998
Admn

Criminal Practice

1 Citers


 
Regina v Leeds Crown Court ex parte Briggs Times, 19 February 1998
19 Feb 1998
QBD

Criminal Practice
A Crown Court Judge who intended to extend the custody time limit must give reasons showing that good and sufficient cause for the continued custody existed and that the prosecution had acted in an expeditious manner.
Prosecution of Offenders Act 1985 22(3)


 
 Batley v Hampshire Justices; Admn 20-Feb-1998 - [1998] EWHC Admin 212

 
 Regina v Gray, Evans; CACD 20-Feb-1998 - Times, 09 March 1998; [1998] EWCA Crim 626
 
Regina v Kelly Times, 23 February 1998
23 Feb 1998
CACD

Criminal Practice
Failure to comply with code of practice with regard to identification evidence and parades is not necessarily fatal to a prosecution.
Police and Criminal Evidence Act 1984; Codes of Practice


 
 Regina v Guney; CACD 27-Feb-1998 - Times, 09 March 1998; Gazette, 16 April 1998; [1998] EWCA Crim 604; [1998] EWCA Crim 719
 
Regina v Snaresbrook Crown Court ex parte Director of Public Prosecutions [1998] EWHC Admin 247
27 Feb 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Leeds Magistrates' Court and Others ex parte Ronald Briggs [1998] EWHC Admin 259
4 Mar 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Mattan Times, 05 March 1998
5 Mar 1998
CACD

Criminal Practice
A murder conviction in 1952 was obtained in accordance with practice then but where identification evidence would now be seen as flawed it was to be set aside.

 
Batley v Director of Public Prosecutions Times, 05 March 1998
5 Mar 1998
QBD

Criminal Practice
Police officers questioning a publican after acquiring a suspicion of after hours drinking should have given the caution first and then interviewed him under the codes.
Police and Criminal Evidence Act 1984 Codes of Practice Code C

 
Regina v City of London Justices ex parte John Gary Chapman [1998] EWHC Admin 264
5 Mar 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Durrant [1998] EWCA Crim 833
6 Mar 1998
CACD
Waller LJ
Criminal Practice
The foreman of the jury effectively indicated that there was no reasonable prospect of the jury reaching an agreed verdict, but the judge interrupted saying that he would ask them to retire again for a while and read out verbatim the Watson direction. Then the trial judge said: "With that therefore may I ask you to carry on for a little bit longer to see if you can reach the necessary degree of you unanimity, at least ten. Thank you very much." Held: The appeal failed. Waller LJ said: "The only question is, as it seems to us, whether there is anything in Mr Taylor's argument that, because of the intervention of the foreman indicating that at that stage he did not think that there was a reasonable prospect of reaching a verdict, plus a reference to 'again retire for a little while' there was any pressure put on the jury. We have to say that we simply do not follow how that can be so. The fact that the foreman is indicating that at that stage he does not think there was a reasonable prospect, as it seems to us, is no reason at all why the judge should not say to the jury, as in effect he was, 'I do want you to go out and consider the matter for some further time' and his reference to 'again for a little while' and 'for a little bit longer' and his acceptance that, if they cannot agree, then that would be accepted, as it seems to us is doing exactly what the direction is designed to do, ie indicate to the jury: 'Please think about it again, but, if you cannot agree, then that decision of yours will be accepted'. As we see it (in agreement, we should say, with the single judge) we do not think that there is any merit in the Watson direction point."
1 Cites

[ Bailii ]
 
Regina v Leeds Crown Court ex parte Briggs (Ronald) (No 2) Times, 10 March 1998; Gazette, 08 April 1998
10 Mar 1998
QBD

Criminal Practice
Custody time limits are not complied with simply by the preparation of a case for a paper committal within limit but where a full committal was then required. Habeas Corpus was refused, but judicial review was granted.
Prosecution of Offenders Act 1985 22(3)

 
Regina v Kent County Council Times, 11 March 1998
11 Mar 1998
QBD

Criminal Practice
Failure to give mandatory warning as to consequences of failure to give evidence was not fatal to conviction after clear no inference drawn.
Criminal Justice and Public Order Act 1994 35(2)


 
 Regina v Aylesbury Crown Court ex parte Lait; Admn 13-Mar-1998 - [1998] EWHC Admin 319
 
Regina v Bowers, Taylor, Millan [1998] EWCA Crim 918; [1999] Crim LR 77
13 Mar 1998
CACD

Criminal Practice
Bowers and Millan complained that the direction given under section 34 was impermissible. The ground of complaint was that they had not relied on any fact by way of defence, but had simply put the prosecution to proof. Held: The court asked what evidence had been presented: "A fact relied on may, in our judgment, be established by the accused himself in evidence, by a witness called on his behalf, or by a prosecution witness, in evidence-in-chief, or in cross-examination. In the present case, there was, it is common ground, no such fact."
Criminal Justice and Public Order Act 1994 34
1 Citers

[ Bailii ]
 
Regina v S Times, 18 March 1998
18 Mar 1998
CACD

Criminal Practice
The Crown Court could join charges of indecent assault and assault occasioning actual bodily harm after a youth was sent there for indecency charges.
Magistrates Courts Act 1980 24


 
 Regina v Dover Magistrates' Court ex parte Webb; Admn 18-Mar-1998 - [1998] EWHC Admin 332
 
Regina v Ramzan Times, 19 March 1998
19 Mar 1998
CACD

Criminal Practice
Judge is not limited in summing up to basis proposed by parties, but must forewarn counsel and give chance for comment.


 
 Regina v Greatrex, Bates; CACD 19-Mar-1998 - Times, 02 April 1998; [1998] EWCA Crim 976
 
Regina v Curry Times, 23 March 1998
23 Mar 1998
CACD

Criminal Practice
The failure by the judge to remind the jury that a witness statement had been admitted without the defendant having been given an opportunity to cross examine he witness was fatal to the conviction.

 
Barrow v The State Times, 31 March 1998; [1998] UKPC 16; [1998] AC 846
23 Mar 1998
PC

Criminal Practice, Commonwealth
(Trinidad and Tobago) If the credibility of a defendant is an issue, a good character direction is always relevant and should be given. However, there is no general duty on a judge to inquire into the issue of the accused's character if this has not been raised by the defence.
1 Citers

[ Bailii ]
 
Regina v W and Another Times, 24 March 1998
24 Mar 1998
CACD

Criminal Practice
Court of Appeal has no jurisdiction to hear an appeal against a judge's decision to allow prosecution after tax settlement.
Criminal Justice Act 1987 7(1)

 
Marlowe Child and Family Services Limited v Director of Public Prosecutions [1998] EWHC Admin 367
27 Mar 1998
Admn

Children, Criminal Practice

Children and Young Person Act 1933 55(1)
[ Bailii ]
 
Regina v Bow Street Magistrates' Court ex parte Don King and Don King Productions Inc [1998] EWHC Admin 384
1 Apr 1998
Admn

Criminal Practice

Criminal Justice (International Cooperation) Act 1990
[ Bailii ]

 
 Boddington v British Transport Police; HL 2-Apr-1998 - Times, 03 April 1998; [1998] UKHL 13; [1999] 2 AC 143; [1998] 2 All ER 203; [1998] 2 WLR 639

 
 Regina v Nelson, Rose; CACD 3-Apr-1998 - [1998] EWCA Crim 1183; [1998] 2 Crim App R 399
 
Regina v Director of Serious Fraud Office ex parte KM and others Unreported, 7 April 1998
7 Apr 1998

Pill LJ
Criminal Practice
A request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting Bingham LJ in ex parte Hill that the judge "should be told anything to the knowledge to the party applying which might weigh against making an order". Pill LJ was critical of the width and lack of clarity of the particular warrants.
1 Cites

1 Citers



 
 Regina v Millward; CACD 7-Apr-1998 - [1998] EWCA Crim 1203; [1999] 1 Cr App R 61
 
Regina v Tolera Times, 28 April 1998; [1998] EWCA Crim 1219; [1999] 1Cr App R 29
7 Apr 1998
CACD
Lord Bingham LCJ
Criminal Practice, Criminal Sentencing
A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant's account, as disclosed to a probation officer for the purposes of a pre-sentence report, differed from the Crown's case, the defendant should draw the passage to the attention of the court and if the court did not accept a defendant's account it should make that clear before sentence.
1 Citers

[ Bailii ]

 
 Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen's Bench Division); HL 7-Apr-1998 - Times, 07 April 1998; Gazette, 07 May 1998; [1998] UKHL 16; [1999] Crim LR 220; [1998] 2 All ER 193; [1998] 2 WLR 715; [1998] AC 641
 
Regina v Uxbridge Youth Court Ex Parte H Times, 07 April 1998
7 Apr 1998
QBD

Criminal Practice
A Youth court has no power to remit a case to magistrates once a child reaches eighteen; It has the power to continue to deal with the case and must do so.
Children and Young Persons Act 1963 29


 
 Regina v Reader, Connor, Hart; CACD 7-Apr-1998 - [1998] EWCA Crim 1226

 
 Regina v Hart and Mclean; CACD 23-Apr-1998 - [1998] EWCA Crim 1304

 
 Bernard v France; ECHR 23-Apr-1998 - [1998] ECHR 31; 22885/93; (1998) 30 EHRR 808
 
Regina v Southampton Magistrates' Court ex parte Sansome [1998] EWHC Admin 480
1 May 1998
Admn

Magistrates, Criminal Practice

[ Bailii ]
 
Regina v Lewes Crown Court ex parte Unwin [1998] EWHC Admin 479
1 May 1998
Admn

Criminal Practice
Appeal against refusal of criminal costs order in favour of successful defendant.
[ Bailii ]
 
Regina v Herefordshire Youth Court Ex Parte J Gazette, 20 May 1998; Times, 04 May 1998
4 May 1998
QBD

Criminal Practice
A Youth Court having once accepted a guilty plea from a youth, advised by solicitor, could not vacate that plea, in order to consider whether the case was appropriate for a crown court trial.
Children and Young Persons Act 1933 53

 
Stephen Patrick Bussey v Director of Public Prosecutions [1998] EWHC Admin 485
5 May 1998
Admn

Criminal Practice, Road Traffic

1 Cites

1 Citers

[ Bailii ]
 
Baxter v Chief Constable of West Midlands [1998] EWHC Admin 487
6 May 1998
Admn
Schiemann LJ
Criminal Practice, Magistrates
The defendant appealed against refusal of bail after a hearing held in her absence. She was thought to have tuberculosis, and had been spitting at people from her cell. No solicitor could be found to represent her. The magistrates had thought that her sputum was infectious. Held: In the circumstances the magistrates had been justified: "The only guidance that I would be inclined to give is to say that when on a bail application, a person is legally represented and the magistrates form the view that there is a risk that the applicant for bail is suffering from a highly infectious disease, the magistrates are entitled to exclude that applicant from the hearing."
[ Bailii ]

 
 Regina v Tivnan; CACD 6-May-1998 - Gazette, 28 May 1998; Times, 06 May 1998; [1998] EWCA Crim 1370; [1999] 1 Cr App R(S) 92; [1998] Crim LR 591

 
 Regina v Brown (Milton); CACD 7-May-1998 - Times, 07 May 1998
 
Regina v Kidderminster Justices; Hereford and Worcester Probation Services ex parte Carl Jennings [1998] EWHC Admin 491
7 May 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Liverpool Youth Court ex parte Cushion [1998] EWHC Admin 492
7 May 1998
Admn

Magistrates, Criminal Practice

Magistrates' Court Act 1980 24
[ Bailii ]
 
Regina v Liverpool Youth Court ex parte Cushion [1998] EWHC Admin 493
7 May 1998
Admn

Magistrates, Criminal Practice

Magistrates' Court Act 1980 24
[ Bailii ]
 
Regina v Janjua; Regina v Choudhury Times, 08 May 1998
8 May 1998
CACD

Criminal Practice
The direction in a murder trial that the Defendant must have intended 'really' serious bodily harm, may exclude the word 'really' if the nature of attack made that intention unchallengeable. In this case it was an attack with large knife.

 
Regina v Southwark Crown Court ex parte Collman [1998] EWHC Admin 513
8 May 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Calder Magistrates Court ex parte Paul Leslie Grant [1998] EWHC Admin 516
11 May 1998
Admn
Richards J
Health, Criminal Practice

Mental Health Act 1983 35
[ Bailii ]
 
Regina v Tottenham Youth Court Ex Parte Fawzy Gazette, 13 May 1998; [1998] 1 All ER 11
13 May 1998
CACD

Criminal Practice
Where a youth appears with an adult on a grave crime allegation in an adult court, and the case against the adult does not proceed, the assessment of whether the youth should be committed to the Crown Court must be carried out by the adult court.
Magistrates Courts Act 1980 24


 
 Regina v Warley Magistrates Court, ex parte Director of Public Prosecutions; Same v Staines Magistrates Court, ex parte Same; Etc; QBD 13-May-1998 - Times, 18 May 1998; Gazette, 17 June 1998; [1998] EWHC Admin 539; [1999] 1 WLR 216
 
Regina v Eastleigh Magistrates Court, Ex Parte Sansome Times, 14 May 1998
14 May 1998
QBD

Criminal Practice
Magistrates are recommended to follow the words of Stones Justices Manual when addressing the defendant as to the procedure on plea before venue choices.

 
Environment Agency v Campbell and Another Times, 18 May 1998; Times, 18 May 1998; Gazette, 10 June 1998
18 May 1998
QBD

Magistrates, Criminal Practice
Magistrates who had dismissed a prosecution for the failure of the prosecutor to attend court and without any consideration of the merits, were able to hear a subsequent summons issued on same facts.
Magistrates Courts Act 1980 15

 
Regina v Jackson Times, 20 May 1998
20 May 1998
CACD

Criminal Practice
Where leave to appeal is granted on some grounds but specifically refused on other grounds then it was not open to the defendant to raise on appeal the grounds rejected in the leave.

 
Regina v Governor of Swaleside Prison Ex Parte Wynter Times, 02 June 1998
2 Jun 1998
QBD

Criminal Practice
A prisoner who was subject to disciplinary charges for possession of drugs was not entitled to question a scientist providing evidence once the procedures had been explained and their accuracy was verified.

 
Regina v Tarlock Singh (Deceased) [1998] EWCA Crim 1772
4 Jun 1998
CACD

Criminal Practice
A departure from a Watson direction will not necessarily make a jury verdict unsafe.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Leeds Crown Court ex parte Nigel Andrew Whitehead Times, 16 September 1998; [1998] EWHC Admin 623
10 Jun 1998
Admn

Criminal Practice
Where the prosecution failed to arrange committal within custody time limits, where it could have done, it had failed to act with due expedition, but a delay until after committal for judicial review application defeated claim.
Prosecution of Offenders Act 1985 22(3)(b)
[ Bailii ]

 
 Regina v Davies; CACD 10-Jun-1998 - Gazette, 10 June 1998
 
Michael Alan Coles v East Penwith Justices [1998] EWHC Admin 636
12 Jun 1998
Admn

Criminal Practice, Magistrates

Prosecution of Offences Act 1985 16 - Magistrates Courts Act 1980 142(1)
[ Bailii ]
 
Regina v Isleworth Crown Court ex parte Ronald Chinyamunzore [1998] EWHC Admin 640
16 Jun 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Percival Gazette, 08 July 1998; Times, 20 July 1998; [1998] EWCA Crim 2012
19 Jun 1998
CACD

Criminal Practice
There was an additional burden on a judge in a case involving very old allegations of sexual abuse to use his imprimatur to emphasise to the jury the additional difficulties faced by a defendant and the high burden of proof.
1 Citers


 
Regina v Osbourbe-Odelli Times, 22 June 1998
22 Jun 1998
CACD

Criminal Practice
Where important exchanges are expected to take place between counsel and judge with regard to closing speeches, the court shorthand recorder should be brought in to record the exchanges.

 
Regina v Gooch Times, 15 July 1998; [1998] EWCA Crim 2107
26 Jun 1998
CACD

Criminal Practice
Where the defendant faced a confiscation order resulting from conviction on charge only added to indictment, the period of six years was the period running up to the commencement of the proceedings to which the charge was later added, not the adding of the count.
Drug Trafficking Offences Act 1986
[ Bailii ]
 
Regina v T Times, 30 June 1998
30 Jun 1998
CACD

Criminal Practice
An appellant seeking to adduce new evidence on appeal must give detailed argument on the circumstances justifying the admission on his notice of appeal.


 
 Environment Agency v Stanford; Admn 30-Jun-1998 - Gazette, 16 June 1999; [1998] EWHC Admin 690; [1999] ENV LR 286; [1998] COD 373
 
Olakunori v Director of Public Prosecutions [1998] EWHC Admin 722; [1998] EWHC Admin 723; [1998] COD 443
8 Jul 1998
Admn

Criminal Practice
Establishing identity of defendant with persons listed on previous convictions list.
1 Citers

[ Bailii ] - [ Bailii ]
 
Government of United States of America v Montgomery and Montgomery [1998] EWCA Civ 1175
8 Jul 1998
CA

Criminal Practice

Criminal Justice Act 1988 97
1 Cites

1 Citers

[ Bailii ]
 
Regina v Soames-Waring Times, 20 July 1998
20 Jul 1998
CACD

Criminal Practice
The judge had discharged his duty properly to direct the jury as to the defendant's case where, the defendant not having given evidence but having been interviewed at length, he referred the jury to the relevant parts of the interview summaries by page numbers.

 
Regina v Lewes Crown Court ex parte Unwin [1998] EWHC Admin 766
21 Jul 1998
Admn

Criminal Practice
Appeal against refusal of defendant's costs order.
[ Bailii ]
 
Regina v Liverpool City Justices and Crown Prosecution Service and ex parte Brian Price [1998] EWHC Admin 775
23 Jul 1998
Admn

Criminal Practice
Application for judicial review of decision not to stay a prosecution for abuse of process.
[ Bailii ]
 
Regina v Bow Street Stipendary Magistrate ex parte Barrett [1998] EWHC Admin 774
23 Jul 1998
Admn

Criminal Practice

[ Bailii ]
 
Jack Louis Gross and Robert Hadley Gross and Doreen Gross v Crown Court At Southwark and Commissioner of Police for Metropolis and Secretary of State for Home Department [1998] EWHC Admin 777
24 Jul 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Kingston Crown Court ex parte David John Mason [1998] EWHC Admin 786
27 Jul 1998
Admn

Criminal Practice, Health
Challenge to restriction order made in defendant's absence.
Mental Health Act 1983 51(5)
[ Bailii ]

 
 Coles v Camborne Justices; QBD 27-Jul-1998 - Times, 27 July 1998
 
Regina v Bow Street Magistrates Court ex parte Redfearn [1998] EWHC Admin 783
27 Jul 1998
Admn

Criminal Practice

[ Bailii ]
 
Stafford and others v The State (Note) [1998] UKPC 35; [1999] 1 WLR 2026
30 Jul 1998
PC
Lord Hope of Craighead
Commonwealth, Criminal Practice
PC (Trinidad and Tobago) Where the matter at issue is the exercise of a discretion by a trial judge. "It has been said many times that it is not the function of the Judicial Committee to act as a second Court of Criminal Appeal. Save in exceptional circumstances, the Judicial Committee will not embark upon a rehearing of issues such as the weight which may properly be given to the evidence or the inferences which may properly be drawn from it. These are matters which will be left to the Court of Appeal. Its decision as to whether the evidence was sufficient to support the conviction will not normally be reviewed by this Board." and it should not normally interefere with that exercise.
1 Citers

[ Bailii ]

 
 Regina v Derek William Bentley (Deceased); CACD 30-Jul-1998 - Times, 31 July 1998; [1998] EWCA Crim 2516; (2001) 1 Cr App R 307

 
 Contrada v Italy; ECHR 24-Aug-1998 - 27143/95; [1997] ECHR 184
 
Attorney-General v Birmingham Post and Mail Ltd Times, 31 August 1998; Gazette, 30 September 1998; [1998] EWHC Admin 769; [1999] 1 WLR 361; [1999] EMLR 39; [1998] 4 All ER 49
31 Aug 1998
QBD
Simon Brown LJ, Thomas J
Contempt of Court, Criminal Practice, Media
The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict liability rules did not help. Simon Brown LJ said: "It seems to me necessarily to follow . . that one and the same publication may well constitute a contempt and yet, even though not substantially mitigated in its effect by a temporary stay and/or change of venue, not so prejudice the trial as to undermine the safety of any subsequent conviction. To my mind that can only be because section 2(2) postulates a lesser degree of prejudice than is required to make good an appeal against conviction…In short section 2(2) is designed to avoid (and where necessary punish) publications even if they merely risk prejudicing proceedings, whereas a stay will generally only be granted where it is recognised that any subsequent conviction would otherwise be imperilled, and a conviction will only be set aside…if it is actually unsafe."
As to the case of Unger, Simon Brown LJ said: "I still think that to create a seriously arguable ground of appeal is a sufficient basis for finding strict liability contempt. Clearly it is a relevant consideration too that when a judge at first instance is deciding whether or not to grant a temporary stay. But more particularly the trial judge will ask himself: "is there a real danger that the jury cannot reach a just verdict, or the defendant have a fair trial?" The judge will have to form a view as to just how seriously prejudicial the publication is, to what extent it can be mitigated by special directions, how desirable it is to avert a possible risk of a successful appeal on that ground, and how inconvenient and costly in the particular circumstances a stay would be (depending in large part no doubt on how far into the trial the problem arises)."
Contempt of Court Act 1981 2(2)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Central Criminal Court ex parte Marotta [1998] EWHC Admin 871
8 Sep 1998
Admn

Criminal Practice

[ Bailii ]

 
 Regina v Guardian Newspapers Ltd; CACD 15-Sep-1998 - [1998] EWCA Crim 2610
 
Regina v Stoke-On-Trent Crown Court ex parte Marsden [1998] EWHC Admin 894
24 Sep 1998
Admn
Laws J
Criminal Practice
Application for judicial review of decision to extend custody time limits.
[ Bailii ]

 
 ex parte Guardian Newspapers Ltd; CACD 30-Sep-1998 - Times, 09 October 1998; Gazette, 14 October 1998; [1998] EWCA Crim 2670; [1999] 1 Cr App R 284; [1999] 1 WLR 2130
 
Regina v Lewes Crown Court ex parte Unwin [1998] EWHC Admin 921
5 Oct 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Lewes Crown Court ex parte Unwin [1998] EWHC Admin 920
5 Oct 1998
Admn

Criminal Practice, Costs

[ Bailii ]
 
Regina v Warrington Crown Court ex parte Arthur Michael Whitfield [1998] EWHC Admin 923
5 Oct 1998
Admn

Criminal Practice

[ Bailii ]

 
 Johnson v Leicestershire Constabulary; QBD 7-Oct-1998 - Times, 07 October 1998

 
 Regina v Horseferry Road Justices ex parte Hillier; Admn 9-Oct-1998 - [1998] EWHC Admin 939
 
In the Matter of Imtiaz Najam; In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1998] EWHC Admin 947
13 Oct 1998
Admn

Criminal Practice

[ Bailii ]

 
 Regina v Chichester Justices ex parte Stephen Alexander Crowther; Admn 14-Oct-1998 - [1998] EWHC Admin 960
 
Regina v Kingston Crown Court ex parte Anthony Danquah Kingston Crown Court ex parte Marcus Smith [1998] EWHC Admin 957
14 Oct 1998
Admn

Criminal Practice
Challenge to extension of custody time limits.
[ Bailii ]
 
Regina v Kingston Crown Court ex parte Anthony Danquah Kingston Crown Court ex parte Marcus Smith [1998] EWHC Admin 956
14 Oct 1998
Admn

Criminal Practice
Challenge to extension of custody time limits.
[ Bailii ]
 
Regina v Andrews Times, 15 October 1998; Gazette, 11 November 1998
15 Oct 1998
CACD

Criminal Practice
Potential jurors should not be asked questions to test for bias, save in the most exceptional circumstances and where there was a possibility of a juror having a personal involvement; perhaps having a personal loss from the alleged crime.
1 Cites


 
Regina v Birmingham Crown Court Ex Parte Rashid Ali and Another; Regina v Bristol Magistrates Court Ex Parte Davies; Regina v Immigration Appellate Authority Ex Parte Davies Times, 16 October 1998
16 Oct 1998
QBD

Criminal Practice
When a court accepts a promise from a surety care must be taken to ensure that he has the disposable funds to back up the promise. The duty falls upon the solicitor or clerk offering the surety and on the court accepting it.

 
Regina v Central Criminal Court Ex Parte Simpkins; Regina v Same Ex Parte Plummer Times, 26 October 1998; [1998] EWHC Admin 970
16 Oct 1998
Admn

Media, Criminal Practice, Children
The test of whether an order should be made lifting the restriction on the naming of youths in criminal proceedings is whether there are good reasons for naming them. There is no requirement for 'rare and exceptional' qualification. Here no direct harm would be caused.
Children and Young Persons Act 1933 39 44
[ Bailii ]
 
Regina v Manchester Stipendiary Magistrate, ex parte Granada Television Limited Times, 22 October 1998; [1998] EWHC Admin 974
16 Oct 1998
Admn

Criminal Practice, Media
A Scottish search warrant was executable in England since it counted as a summary act under repealed legislation, though was also subject to the protection in England against searches of journalist's materials.
Criminal Procedure (Scotland) Act 1995 - Police and Criminal Evidence Act 1984
1 Cites

[ Bailii ]
 
Regina v Crown Court At Snaresbrook ex parte Director of Serious Fraud Office Gazette, 18 November 1998; Times, 26 October 1998; [1998] EWHC Admin 975; [1998] EWHC Admin 985
16 Oct 1998
Admn

Judicial Review, Criminal Practice
A challenge to a judge's dismissal of cases, or his refusal to stay an indictment in fraud cases transferred from the magistrates Court, should be by judicial review, and not by voluntary bill of indictment. This would give the defendant a chance to be heard.
1 Citers

[ Bailii ]
 
Regina v Fareham Youth Court and Morey ex parte Crown Prosecution Service [1998] EWHC Admin 971
16 Oct 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Farrow (Anthony Robin) Times, 20 October 1998
20 Oct 1998
CACD

Criminal Practice
The idea of 'lurking doubt', as an element of what is proof beyond reasonable doubt, is not helpful to the Court of Appeal, and applicants should stick more closely to the statutory formula of whether a conviction is 'unsafe.'
Criminal Appeal Act 1968 2(1)

 
Regina v Essex County Council ex parte Long [1998] EWHC Admin 1030
3 Nov 1998
Admn
Laws J
Criminal Practice

[ Bailii ]

 
 Regina v Othman, Qadi and Muhidin; CACD 6-Nov-1998 - [1998] EWCA Crim 3164

 
 Appeal Under S 3(c) of Costs In Criminal Cases (General Amendment) Regulations of 1991 Against a Wasted Costs Order Re: Lakha and Boothby Wasted Costs Order 5/97; CACD 6-Nov-1998 - [1998] EWCA Crim 3148
 
In re Mcdonald and In re an Application for a Writ of Habeas Corpus Ad Subjiciendum and In the Matter of Hunt [1998] EWHC Admin 1056
9 Nov 1998
Admn

Human Rights, Criminal Practice

Bail Act 1976 4(1)
[ Bailii ]
 
McDonald, Regina (on the Application of) v Manchester Crown Court; Others [1998] EWHC 319 (Admin)
9 Nov 1998
Admn
Lord Bingham of Cornhill LCJ, Collins J
Criminal Practice, Human Rights
Each defendant challenged decisions to extend the custody time limits.
European Convention of Human Rights 5 - Bail Act 1976 4(1) - Prosecution of Offences (Custody Time Limits) Regulations 1987
[ Bailii ]

 
 Practice Direction (Criminal Justice Act 1987: Crown Court Centres); SC 13-Nov-1998 - Times, 13 November 1998

 
 Regina v Manchester Crown Court, ex parte McDonald; Regina v Leeds Crown Court, ex parte Hunt; Regina v Winchester Crown Court, ex parte Forbes, ex parte Wilson and Mason; CACD 19-Nov-1998 - Gazette, 27 January 1999; Times, 19 November 1998; [1999] 1 WLR 841
 
Regina v Booth; Regina v Molland; Regina v Wood Times, 26 November 1998
26 Nov 1998
CACD

Criminal Practice
Where the Court of Appeal declared a trial on indictment to have been a nullity, and ordered at the same time that there should be no re-trial, that original conviction had been annulled and set aside, not quashed. Further prosecutions would be resisted.

 
Criminal Proceedings Against Bickel and Franz Times, 01 December 1998; C-274/96; C-274/96; [1998] EUECJ C-274/96
1 Dec 1998
ECJ

Criminal Practice, European
Where a court had specific rules allowing a case against its own citizens to be heard in their own language, the same facility must be offered to an accused visiting from another member state.
ECTreaty Art 177
1 Citers

[ Bailii ]

 
 Ramstead v The Queen; PC 2-Dec-1998 - Times, 03 December 1998; [1998] UKPC 47; [1999] 2 WLR 698; [1999] 2 AC 92
 
Regina v Gary Powell [1998] EWHC Admin 1123
7 Dec 1998
Admn

Criminal Practice

[ Bailii ]
 
Regina v Farr Times, 10 December 1998; [1998] EWCA Crim 3476
10 Dec 1998
CACD

Criminal Practice
Brevity in court is nearly always a virtue. A judge was not to be criticised for not rehearsing all the evidence or all the arguments. Fundamental are correct directions on law, and accurate review of the main facts and the general impression of fairness.
[ Bailii ]
 
Regina v Mountford [1999] Crim LR 575; [1998] EWCA Crim 3534
21 Dec 1998
CACD
Henry, Mitchell LJJ, Mellor J
Criminal Practice
M was convicted of possessing a class A drug with intent to supply. His defence at trial was that W was the dealer and he was merely a purchaser. He had not mentioned this to the police when questioned, on the ground (he said) that he did not want to land W in trouble. The judge directed the jury under section 34. Held: No such direction should have been given: "The judge gave no guidance to the jury as to how they should approach this issue. 'The fact' not revealed in interview constituted the defence to the charge. In other words whether 'the fact' not revealed was or may have been true was the issue in the case the resolution of which would determine the verdict. It is difficult to see how the jury could have rejected the appellant's reason for not mentioning 'the fact' without also rejecting the truth of 'the fact' - the truth of each depended on the truth of the other. In our judgment, this element of circularity could only be resolved by a verdict founded not in any way upon the section 34 point but upon the other evidence in the case. A verdict of 'guilty' would obviously establish that 'the fact' not mentioned was untrue and accordingly that the explanation for not mentioning it was equally untrue. In this case, as it seems to us, the evidence which resolved the section 34 issue was the very evidence which resolved the issue in the case and therefore determined the verdict. There was, in our judgment, no evidential basis upon which the section 34 issue could have been resolved as an independent issue in the case, thus permitting an ensuing adverse inference to be used as some additional support for the prosecution's case. This was a case which turned on the jury's assessment of the credibility of each man - Williams (the prosecution witness) and Mountford (the then defendant). It was accordingly particularly important for the jury to have had spelt out to them that as a matter of common sense there was, for the prosecution, no mileage in the section 34 point. The jury were left to make what they could of it. It may be that they realised that it would have been unfair to draw an adverse inference given the particular circumstances. Of that, however, we cannot be sure. Superficially the point has its attractions. Our conclusion is that the verdict cannot be regarded as safe, and for that reason the conviction must be quashed."
Criminal Justice and Public Order Act 1994 34(2)(d)
1 Citers

[ Bailii ]
 
Regina v McAndrew-Bingham Gazette, 03 February 1999; Times, 28 December 1998
28 Dec 1998
CACD

Criminal Practice, Evidence
The offence of attempted child-abduction is an offence of assault or threat of injury, and so the evidence in chief of the child complainant could be given by video recording, and any cross examination be done by live television link.
Child Abduction Act 1984 2 - Criminal Justice Act 1988 32(2)(a)

 
Regina v Bansal Times, 29 December 1998
29 Dec 1998
CACD

Criminal Practice
The ability of a trial judge to grant leave to appeal should only exceptionally be exercised by the trial judge himself. Normal jurisdiction for such leave should be exercised by one or more judges of the Court of Appeal.
Criminal Appeal Act 1968 1(2)

 
Morgans v Director of Public Prosecutions Times, 29 December 1998; [1999] 1 WLR 968
29 Dec 1998
QBD
Kennedy LJ
Crime, Criminal Practice
The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run. Held: When considering the time limits for a prosecution under the Act, the officer investigating is the prosecutor, until the case is taken over by the CPS, and the time limits run according to his knowledge. Logging devices were unlawful intercepts, but admissible.
Kennedy LJ set out the terms of section 11(2) and (3) saying: "[The defendant] contends that the words 'sufficient in the opinion of the prosecutor to warrant the proceedings' are merely descriptive of the evidence, and that the prosecutor would not have to form his opinion before time begins to run. I accept that submission because otherwise the prosecutor, in full possession of all relevant information, can prevent time from running simply by not applying his mind to the case.
Section 11(2) is an exception to the normal rule that summary offences should be prosecuted within six months. As an exception in favour of the prosecution it should be strictly construed. The draftsman could have provided that proceedings for an offence under subsection (1) 'may be brought within a period of six months from the date on which the prosecution forms the opinion that there is sufficient evidence to warrant proceedings' but he did not do so."
Computer Misuse Act 1990 11 - Interception of Communications Act 1985 9
1 Citers


 
Practice Direction (Criminal Appeals: Skeleton Arguments) Times, 31 December 1998
31 Dec 1998
CACD

Criminal Practice
With immediate effect counsel instructed to act for defendant in appeals to the Court of Appeal Criminal Division must serve skeleton arguments on prosecution and court within fourteen days of notification of leave to appeal.

 
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