Director of Public Prosecutions’ appeal by way of Case Stated against the adjudication of the Bedfordshire Justices, sitting at Bedford on 21st July 1999, acquitting the Respondent of an offence of racially aggravated common assault contrary to section 29(1)(c) and 29(3) of the Crime and Disorder Act 1998. Judges: Lord Justice Simon Brown -And- Mr … Continue reading The Director of Public Prosecutions v Pal: Admn 3 Feb 2000
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The … Continue reading Regina v SH: CACD 3 Aug 2010
Appeal by way of Case Stated from the decision convicting him for three offences of harassment contrary to s.4A of the Public Order Act 1986 on 1 May 2015. These convictions followed the Appellant’s convictions on 10 April 2015 for three offences of racially aggravated harassment contrary to s.31(1)(b) of Crime and Disorder Act 1998. … Continue reading Henderson v Crown Prosecution Service: Admn 9 Mar 2016
In each case the youth aged 15 had been given a warning after admitting a sexual assault, and a decision had been made not to prosecute. On accepting the warnings, they had then been required to place their names on the sex offenders register, but this had not been explained to them when asked about … Continue reading Regina (U) v Commissioner of Police of the Metropolis; Regina (R) v Chief Constable of Durham Constabulary: Admn 29 Nov 2002
The claimant challenged the decision that he should face trial on charges of historic sexual abuse. He was now elderly and said to be unfit to attend court or instruct his lawyers, suffering Alzheimers. He sought interim relief against being required to attend court. Held: Article 8 was engaged, but not article 3: ‘Article 8 … Continue reading Janner, Regina (on The Application of) v The Crown Prosecution Service: Admn 13 Aug 2015
The prosecutor appealed a decision of a Youth Court to try an allegation of assault occasioning actual bodily harm. Held: There was a clear policy that youths under 18 shuld be tried in youth courts. New divisions of cases were to be implemented but the consolidating legislation has not been brought into effect. The Lang … Continue reading Regina (Crown Prosecution Service) v South East Surrey Youth Court: QBD 8 Dec 2005
Conviction in Excess of Jurisdiction Appeal against conviction by the unusual route of a certificate of the trial judge. The defendant had been convicted of having a bladed article and of resisting a police constable. He had been convicted by a jury of an offence triable only summarily. Held: Upon the entry of the not … Continue reading Adgyei, Regina v: CACD 11 Aug 2016
The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of violence, contrary to section 4 of the 1986 Act. He said that to convict him … Continue reading Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The court was asked whether the legal burden of proving whether a defendant acted without reasonable excuse in breach of an Anti-social Behaviour Order rests upon the Crown or the defence. Held: It was for the prosecution to establish that the defendant had acted without a reasonable excuse when acting in breach of the ASBO. … Continue reading Charles, Regina v: CACD 28 Jul 2009
An application had been made for an anti-social behaviour order against the defendant. The council sought at the hearing to bring evidence as to his continued behaviour after the application had been filed. The council now appealed against the non-admission of the evidence. Held: The District Judge had been wrong not to admit the evidence. … Continue reading Birmingham City Council v Dixon: QBD 18 Mar 2009
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of the 1998 Act was to abolish the entire doctrine of … Continue reading JTB, Regina v: HL 29 Apr 2009
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order to be activated upon his release. Held: The sentence was reduced to three years, and the … Continue reading Regina v Parkin (Shane Tony): CACD 3 Feb 2004
The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address. Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light … Continue reading Stovell, Regina v: CACD 12 Jan 2006
The prosecutor appealed after the district judge had at first granted an anti-social behaviour order, but had later thought it too wide and that it was unenforceable and void.
Held: the district judge had exceeded his powers. There were . .
Appeal against refusal of magistrates to allow witnesses to give evidence from behind screens. . .
. .
The twelve year old defendant had pleaded guilty to several allegations of sexual assault. The judge had ruled that it was not open to him to plead doli incapax. He appealed saying that only the presumption of doli incapax had been abolished, and . .
The council appealed the refusal of the magistrates to grant an interim Anti-Social Behaviour Order (ASBO) without notice. The magistrates clerk had said that there had been no violence, and no further incident after the police had given a warning. . .
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
The council appealed refusal of the magistrate to grant it an anti-social behaviour order. The subject had been riding a jet ski at a grossly excessive speed. The witness statements had not included any statement that the witness was cause any alarm . .
. .
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate. Held: The claimant’s right to respect for his home had been … Continue reading Keegan v United Kingdom: ECHR 18 Jul 2006
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a personality disorder and depression. Held: If this evidence were called at a trial … Continue reading Hendy, Regina v: CACD 12 Apr 2006
The local authority applied for an anti-social behaviour order in respect of the defendant. The defendant appealed saying that the authority should have consulted with him first because the ASBO procedures provided little opportunity for involvement. Held: District judges had a clear duty to investigate properly cases brought before them, and a failure to do … Continue reading Wareham v Purbeck District Council; Wareham v Bournemouth Magistrates Court: Admn 14 Mar 2005
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal hearing in June 1989 the opinion was that he was no longer suffering from … Continue reading Johnson v The United Kingdom: ECHR 24 Oct 1997
The applicant a Turkish national, aged 55 years, had lived in Germany for 30 years. He was sentenced to 7 years’ imprisonment for a drugs offence, and then ordered expuelled to Turkey. His wife had serious psychiatric problems. She needed him and could not follow him to Turkey. Held: The complaint under Article 8 was … Continue reading Caglar v Germany: ECHR 7 Dec 2000
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. Citations: [1990] COD 149, [1990] CLR 394, Times 17-Nov-1989 Statutes: Criminal Justice Act 1967 … Continue reading Director of Public Prosecutions v Kitching: 1989
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Rejection of Submission of No Case to Answer The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction. Held: Lord Lane LCJ said: ‘How then should the judge approach a submission … Continue reading Regina v Galbraith: CCA 1981
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She resisted, and injured him. Held: There was no arrest, and … Continue reading Collins v Wilcock: QBD 1984
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether the doctrine of transferred malice could be applied alongside that of joint … Continue reading Gnango, Regina v: SC 14 Dec 2011
