A court which intended to sentence the defendant to a period of detention and training, should make allowance for any relevant period spent by the defendant in custody awaiting trial. The period of reduction was not purely arithmetical. The court had given credit for the defendant’s guilty plea under the 1998 act rather than under … Continue reading Regina v Davis (Carl): CACD 20 Dec 2000
Where a youth was seventeen at the date of conviction, but eighteen when sentenced, a sentence to a detention and training centre took effect as that, and was not to be converted into a sentence to detention in a young offender institution. The Act would only come into effect in such a case where he … Continue reading Regina v Cassidy: CACD 13 Oct 2000
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
A defendant could be convicted of a racially aggravated offence when he used racially abusive language towards another of his own ethnicity when committing the underlying offence. The prosecutor’s appeal was allowed. Judges: Maurice Kay LJ, Rafferty J Citations: Times 06-May-2004 Statutes: Public Order Act 1996 5, Crime and Disorder Act 1998 28 Crime Updated: … Continue reading Director of Public Prosecutions v Green: QBD 7 Jul 2004
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
When calculating the period of time for which a person convicted of a relevant offence must stay on the sex offenders register, a period of extended licence does not count as a term of imprisonment and must be disregarded. A liability to be recalled to prison is not the same as a term of imprisonment.When … Continue reading Regina v S: CACD 30 Aug 2000
Where a youth court was considering the imposition of a detention and training order on a young offender under the Act, the court should always, before retiring state this possibility in open court so that the parties can ascertain the length of time if any spent already spent in custody so that proper allowance could … Continue reading Regina v Haringey Youth Court, Ex Parte A: QBD 30 May 2000
The obligation on a court when sentencing a young offender to take account of the period of time spent in custody, did not amount to an obligation to reduce a sentence to take account of such time. There was no one-to-one equation, and a time in custody of one day might well not affect the … Continue reading Regina v Inner London Crown Court, Ex P I: QBD 12 May 2000
The obligation on a court when sentencing a young offender to take account of the period of time spent in custody, did not amount to an obligation to reduce a sentence to take account of such time. There was no one-to-one equation, and a time in custody of one day might well not affect the … Continue reading R v Inner London Crown Court, Ex P I: QBD 31 May 2000
A Home Office circular which sought to set out a definition of what would be a ‘persistent offender’ for the purposes of the Act could not replace the words of the statute. In this case the judge had drawn his conclusion from the cases presented to him, and the facts admitted established sufficient persistence under … Continue reading Regina v C (Young Person: Persistent Offender): CACD 11 Oct 2000
The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003
AG’s appeal against sentence for racially aggravated harassment. Judges: Simon LJ, Goss J, Wait QC HHJ Citations: [2017] EWCA Crim 1500 Links: Bailii Statutes: Crime and Disorder Act 1998 32(1)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 31 March 2022; Ref: scu.597481
A police officer is as entitled as anybody else not to be racially abused. An arrested person made racist remarks against a police officer, and was convicted of the offence of threatening behaviour, racially aggravated. Even though the appellant might not be racist, her offence passed the custody threshold. Even so a short sentence of … Continue reading Regina v Jacobs: CACD 28 Dec 2000
Each defendant had commited a substantive offence, and when sentenced, his sentence hd been accompanied by an anti-social behaviour order. In some cases orders had been made in a form similar to football banning orders, but such orders were not themselves available. Held: The test for seeking an order was one of necessity, in that … Continue reading Boness v Regina; Regina v Bebbington etc: CACD 19 Aug 2005
False Judges: Lord Justice Latham (The Vice-President of the Court of Appeal, Criminal Division) Mr Justice Mitting Citations: [2008] EWHC 2882 (Admin), (2009) 173 JP 52, [2009] HLR 24 Links: Bailii Statutes: Crime and Disorder Act 1998 1 Jurisdiction: England and Wales Citing: Cited – Boness v Regina; Regina v Bebbington etc CACD 19-Aug-2005 Each … Continue reading B, Regina (On the Application of) v Commissioner Of Police Of the Metropolis: Admn 10 Nov 2008
Whether offence was racially aggravated – charge of using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was religiously aggravated in accordance with section 28 of the Crime and Disorder Act 1998, contrary to section 5(1) of the Public … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005
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 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
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
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
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 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
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. . .
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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 . .
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