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Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008

The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates. Held: The simple existence of a voluntary scheme could not create a legitimate expectation of its continuance. For the doctrine to … Continue reading Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008

Escobar v Director of Public Prosecutions: Admn 6 Mar 2008

Appeal against terms of a confiscation order. Whether when making an order under section 83 of the Criminal Justice Act 1988 for the reduction of the sum payable under a confiscation order, the Crown Court has no power to fix a time for payment. Citations: [2008] EWHC 422 (Admin) Links: Bailii Statutes: Criminal Justice Act … Continue reading Escobar v Director of Public Prosecutions: Admn 6 Mar 2008

Revenue and Customs Prosecution Service v Kearney: Admn 27 Feb 2007

The Revenue and Customs Prosecutions Office appealed by way of case stated from a decision of the Crown Court to extend by four months the time limit available to pay a confiscation order made under section 71 of the 1988 Act. The question was whether the Crown Court had jurisdiction to vary or extend the … Continue reading Revenue and Customs Prosecution Service v Kearney: Admn 27 Feb 2007

Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

McManus, Regina v: CANI 19 Oct 2006

A-G’s appeal against sentence of 15 months Custody Probation following the defendant’s conviction for causing death by careless driving having consumed excess alcohol. Judges: Nicholson LJ. Campbell LJ and Coghlin J Citations: [2006] NICA 39 Links: Bailii Statutes: Criminal Justice Act 1988, Road Traffic (Northern Ireland) Order 1995 14(1)(b) Northern Ireland, Criminal Sentencing Updated: 08 … Continue reading McManus, Regina v: CANI 19 Oct 2006

O’Donnell, Regina v: CANI 19 Oct 2006

The Attorney General sought to appeal against the defendant’s sentence for blackmail, saying that it ( Custody Probation Order of 6 years, consisting of 4 and a half years’ imprisonment followed by 18 months on probation) was unduly lenient. Judges: Nicholson LJ, Campbell LJ and Coghlin J Citations: [2006] NICA 38 Links: Bailii Statutes: Criminal … Continue reading O’Donnell, Regina v: CANI 19 Oct 2006

Attorney General Reference No 97 of 2006: CACD 19 Oct 2006

Application by the Attorney General for leave to refer to this court under section 36 of the Criminal Justice Act 1988 a sentence imposed on this offender on the grounds that it is unduly lenient. The sentence was one of 2 years’ imprisonment imposed concurrently on the offender in respect of two offences of possessing … Continue reading Attorney General Reference No 97 of 2006: CACD 19 Oct 2006

Valentine v Regina: CACD 10 Nov 2006

The defendant appealed his sentence for conspiracy to supply counterfeit drugs. Held: The defendant need only serve the sentence if he failed to pay a penalty which the court had decided he could afford to pay. Appeal dismissed. Judges: Scott Baker LJ, Holland J, Loraine-Smith J Citations: [2006] EWCA Crim 2717 Links: Bailii Statutes: Medicines … Continue reading Valentine v Regina: CACD 10 Nov 2006

Suchedina v Regina; similar: CACD 27 Oct 2006

Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired. Held: Saik now meant that the requirement was for actual suspicion, not mere reasonable cause for suspicion. However in this … Continue reading Suchedina v Regina; similar: CACD 27 Oct 2006

Capewell v Customs and Excise and Another (No 2): CA 29 Jul 2005

The Commissioners had been appointed as receiver of the claimant’s assets. The receivership was later discharged, but should have been discharged earlier, the court had the power not only to calculate the level of remuneration but also who should be responsible for making payment. In this case the commissioner should bear some of the cost. … Continue reading Capewell v Customs and Excise and Another (No 2): CA 29 Jul 2005

J v Crown Prosecution Service: CA 24 Jun 2005

The defendant had been made subject to a criminal restraint order so as to preserve his assets pending the outcome of criminal proceedings. He complained that the order affected property which was not his. Held: Such an order could cover property which he had obtained for the benefit of somebody else. What was required was … Continue reading J v Crown Prosecution Service: CA 24 Jun 2005

Brooker v Director of Public Prosecutions: Admn 12 Apr 2005

Appeal against conviction for having bladed article, being a blunt butter knife without a point. Held: The appeal failed. The section made an unqualified reference to a ‘bladed article’. Davies did not establish that only sharp objects were caught. Judges: Laws LJ, Steel J Citations: [2005] EWHC 1132 (Admin) Links: Bailii Statutes: Criminal Justice Act … Continue reading Brooker v Director of Public Prosecutions: Admn 12 Apr 2005

Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended … Continue reading Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

Sekhon, etc v Regina: CACD 16 Dec 2002

The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Regina v Cheong Wang: CACD 10 Dec 2003

Judges: Lord Justice Laws, Mr Justice Curtis and The Recorder Of Cardiff Citations: [2003] EWCA Crim 3228 Links: Bailii Statutes: Criminal Justice Act 1988 198(1) Jurisdiction: England and Wales Citing: Appealed to – Wang, Regina v HL 10-Feb-2005 The appellant was waiting for a train when his bag was stolen. After a search, the thief … Continue reading Regina v Cheong Wang: CACD 10 Dec 2003

Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

The court approved guidelines for the appointment and remuneration of a receiver appointed under the 1988 Act. Judges: Lord Justice Laws Lord Justice Longmore Lord Justice Carnwath Citations: [2004] EWCA Civ 1628, [2005] 1 All ER 900, [2004] All ER (D) 29 Links: Bailii Statutes: Criminal Justice Act 1988 77(8) Jurisdiction: England and Wales Citing: … Continue reading Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004

Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be more than reasonable. Held: The magistrates having properly directed themselves according to Palmer, and … Continue reading Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004

Regina v Sakavickas and Another: CACD 3 Nov 2004

The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds. Held: … Continue reading Regina v Sakavickas and Another: CACD 3 Nov 2004

Ahmed and Qureshi v Regina: CACD 28 Oct 2004

The defendants appealed confiscation orders saying that the court had taken account of their interests in the matrimonial home, and that this would prejudice the interest of others. Held: Before the amendment to the section, the court had retained a discretion as to whther or not to include the value of a matrimonial home in … Continue reading Ahmed and Qureshi v Regina: CACD 28 Oct 2004

Magee, Re Application for Statutory Review: QBNI 16 Sep 2004

Judicial review – Criminal Justice Act 1988 – Claim for compensation for miscarriage of justice – claim is alternative under ex parte scheme – whether applicant victim of miscarriage – whether decision of Secretary of State flawed. Citations: [2004] NIQB 57 Links: Bailii Jurisdiction: Northern Ireland Citing: Cited – Regina v Kansal (2) HL 29-Nov-2001 … Continue reading Magee, Re Application for Statutory Review: QBNI 16 Sep 2004

Silvester, Regina v: CACD 6 Nov 2009

This case concerns the making of a confiscation order under the Criminal Justice Act 1988 in circumstances where the victim of the offending has pursued and recovered a civil judgment. Judges: Mackay J, David J Citations: [2009] EWCA Crim 2182 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 21 … Continue reading Silvester, Regina v: CACD 6 Nov 2009

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004

The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004

Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

Ali Sed v Regina: CACD 27 May 2004

The appellant challenged his conviction for attempted rape of an elderly woman. Her evidence had been accepted in written form because she was unable to attend court. Held: Before accepting such evidence the court had to establish that she would have been competent to give evidence had she been able to attend physically. S23 had … Continue reading Ali Sed v Regina: CACD 27 May 2004

Lobban, Regina v: CACD 7 May 2004

The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004

In re McFarland: HL 29 Apr 2004

The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004

Hickey and others v Independent Assessor: CA 25 Feb 2004

Application for leave to appeal on measure of award of compensation for long time spent in prison as a result of miscarriage of justice. Citations: [2004] EWCA Civ 340 Links: Bailii Statutes: Criminal Justice Act 1988 133 Jurisdiction: England and Wales Citing: Appeal from – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent … Continue reading Hickey and others v Independent Assessor: CA 25 Feb 2004

Thompson v Regina: CACD 26 Mar 2004

The defendant had been convicted of offences of possessing a large number of indecent images of children. Held: In such cases, the prosecution should frame the charges following the classification in R v Oliver, with a small number of representative charges out of each category with a comprehensive charge for the balance. The defence should … Continue reading Thompson v Regina: CACD 26 Mar 2004

Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003

The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence. Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which … Continue reading Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical … Continue reading Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002

The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002

Regina v Rezvi: HL 24 Jan 2002

Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002

Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001

The applicants had either been acquitted of drugs trafficking offences, or were third parties. In each case, property had been taken into receivership, and orders had been made for the receivers to take their costs from the assets taken. The proprietors appealed that part of the orders. Held: The receiver is an officer of the … Continue reading Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001

Regina v Smith (David Cadnam): HL 13 Dec 2001

Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The boat was used in April 1998 on a run to Heligoland to buy cigarettes and to … Continue reading Regina v Smith (David Cadnam): HL 13 Dec 2001

Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds. Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in section 93H(1) ‘an investigation into whether any person has benefited from any criminal conduct’ … Continue reading Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by … Continue reading Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same: Admn 10 Feb 2005

The appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second appeal was after the police finally revealed evidence supporting the defendants’ defence that the victim had been armed. Held: … Continue reading Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same: Admn 10 Feb 2005

Regina v Redbridge Youth Court and Another: Admn 22 Mar 2001

The sections were exceptions to the normal practice of giving evidence in the court room, for which in the case of live link an individual case had to be made each time. The court should strike a balance between the ‘right of the defendant to have a hearing in accordance with the norm’ and ‘the … Continue reading Regina v Redbridge Youth Court and Another: Admn 22 Mar 2001

Director of Public Prosecutions v Ullah: Admn 29 Jan 1998

Prosecutor’s appeal against the adjudication acquitting the Respondent of an offence under section 139(1) of the 1988 Act. The information proffered against him alleged that he had with him, without good reason or lawful authority, an article which had a blade or was pointed, namely a knife with a five inch fixed blade contrary to … Continue reading Director of Public Prosecutions v Ullah: Admn 29 Jan 1998

West Yorkshire Probation Board v Townend: Admn 28 Jul 2005

The Board appealed dismissal by the magistrates of their complaint that the defendant had failed to comply with an order requiring him to report to a relevant officer after his conviction for driving with excess alcohol. The defendant argued that no proper evidence had been brought that he had been informed of the relevant appointment. … Continue reading West Yorkshire Probation Board v Townend: Admn 28 Jul 2005

Regina v Setz-Dempsey and Another: CACD 24 Jun 1993

Mental illness is included in the meaning ‘Unfit to attend as a witness’. The admission of statements under s25 quite different from s26 Criminal Justice Act 1988. Citations: Times 20-Jul-1993, Independent 24-Jun-1993 Statutes: Criminal Justice Act 1988 23(2) 25 26 Jurisdiction: England and Wales Criminal Evidence, Criminal Practice Updated: 25 May 2022; Ref: scu.88003

Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996

The defendant appealed his conviction saying the prosecution had failed to disclose an additional earlier and contradictory statement of a central prosecution witness. Held: The statement was of a witness whose evidence had been relied upon by the court and was startlingly different. The applicant having served his sentnce it would be wrong to order … Continue reading Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Regina v Foggon: CACD 14 Feb 2003

The defendant appealed against a confiscation order, after conviction for cheating the public revenue. Funds had been diverted from his company to avoid payment of taxes. Held: Tax which was avoided would fall under the section and be a pecuniary advantage ‘obtained by an offender’ within the section only if he benefitted himself. This could … Continue reading Regina v Foggon: CACD 14 Feb 2003

Ladbrook v Regina: CACD 4 Feb 2022

Appeal against sentences totalling 16 months’ imprisonment for one offence of assault by beating, contrary to section 39 of the Criminal Justice Act 1988, and two offences of sending a malicious communication, contrary to section 1 of the Malicious Communications Act 1988. Judges: Lord Justice Holroyde Mr Justice Lavender And HH Judge Wendy Joseph QC … Continue reading Ladbrook v Regina: CACD 4 Feb 2022

Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998

An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of the proceeds of criminal conduct could be used also in relation … Continue reading Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998

Regina v Governor of Belmarsh Prison and Another Ex Parte Gilligan: QBD 20 Jan 1998

A magistrate ordering the transfer of a prisoner to Ireland must be satisfied that a sufficiently serious offence was alleged, but strict evidence was not required. As to the 1988 Act, the evidence must at least be admissible. Citations: Times 20-Jan-1998, [1998] EWHC Admin 6, [1998] I Cr App R 14 Links: Bailii Statutes: Backing … Continue reading Regina v Governor of Belmarsh Prison and Another Ex Parte Gilligan: QBD 20 Jan 1998

Haystead v Director of Public Prosecutions: QBD 2 Jun 2000

The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000

Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

Ex parte Central Independent Television: 1991

An appeal under section 159 can be made even after the reporting restriction order has been discharged. Judges: Lord Lane CJ Citations: [1991] 1 WLR 4 Statutes: Criminal Justice Act 1988 159 Jurisdiction: England and Wales Cited by: Cited – Sarker, Regina v CACD 13-Jun-2018 The defendant was to face trial under the 2006 Act. … Continue reading Ex parte Central Independent Television: 1991

Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000

For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000

Regina v Haimes, Attorney General’s Reference (No 79 of 2009): CACD 4 Feb 2010

The A-G sought leave to appeal against what she saw as an unduly lenient sentence. The defendant had been given six years for rape, unlawful wounding and causing criminal damage to property. Held: Leave was refused. Although his plea to the rape charge had followed the original indication for the others by 11 days, the … Continue reading Regina v Haimes, Attorney General’s Reference (No 79 of 2009): CACD 4 Feb 2010

In Re O (Restraint Order: Disclosure of Assets): 1991

A restraint order had been made against O in an action under the 1988 Act. He sought a variation. On the application of the prosecutor he was ordered to file an affidavit of means. He sought to appeal, but the prosecutor said no appeal lay. Held: An appeal was possible. It succeeded only to the … Continue reading In Re O (Restraint Order: Disclosure of Assets): 1991

Regina v Wood and Maguire: CACD 30 Apr 1998

Citations: [1998] EWCA Crim 1439, [1998] Crim LR 213 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference No 31 of 1995, Regina v Henry CACD 17-Oct-1996 . . Cited by: Cited – Regina v Elliott; Regina v Pearce; Regina v McGee CACD 13-May-2003 In each case a … Continue reading Regina v Wood and Maguire: CACD 30 Apr 1998

Regina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001): CACD 27 Jul 2001

The defendant pleaded guilty to making false statements, and cheating the public revenue by understating his profits as a market trader over a protracted period. The judge made a confiscation order equal to the amount of undeclared profit. On appeal, that element was set aside. The section referred to the pecuniary advantage obtained by the … Continue reading Regina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001): CACD 27 Jul 2001

Regina v Mitchell (Clive), Regina v Mitchell (Jennifer): CACD 9 Jan 2001

It could be proper for a court to order both confiscation and compensation where the defendant’s assets could support them. Where there was insufficient to pay the compensation order, the person claiming compensation could request the confiscation to be given effect, and seek his compensation out of the amounts so recovered. The existence of a … Continue reading Regina v Mitchell (Clive), Regina v Mitchell (Jennifer): CACD 9 Jan 2001

Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness. Citations: Times 07-Oct-1998 Statutes: European Convention … Continue reading Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

In Re M and Another (Restraint Order: External Confiscation Order): CA 24 Aug 1998

Where a foreign court had made criminal confiscation order, and sought to enforce it against a party here, and the order enforcing that restraint order had been discharged by the High Court, the Court of Appeal had jurisdiction to hear an appeal against discharge. Citations: Times 24-Aug-1998 Statutes: Criminal Justice Act 1988, Criminal Justice Act … Continue reading In Re M and Another (Restraint Order: External Confiscation Order): CA 24 Aug 1998

Government of India v Quattrocchi: CA 20 Jan 2004

The defendant faced trial in India. The prosecutor obtained an order here restraining disposal of assets here pending the outcome of the criminal trial. Held: Where the conditions were met, an order could properly be made. The defendant, having been accused of fraud, had transferred 3 million pounds to a bank in England. Proceedings had … Continue reading Government of India v Quattrocchi: CA 20 Jan 2004

Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party): CA 6 Feb 2001

A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the customer. Held: This is one of the few … Continue reading Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party): CA 6 Feb 2001

Sinclair In her Capacity As the Former Receiver v Glatt Executors of Estate of Chaja Glatt and others: Admn 2008

The claimant, the former court appointed receiver of the defendant’s estate under a criminal confiscation order under the 1988 Act made on the defendant’s conviction for money laundering sought to claim against the prisoner’s assets hed by the prison service. Held: The claimant was entitled to a lien over his property to recover costs of … Continue reading Sinclair In her Capacity As the Former Receiver v Glatt Executors of Estate of Chaja Glatt and others: Admn 2008

Regina v Cole: CACD 1990

Citations: (1990) 90 Cr App R 478 Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Cited by: Cited – Regina v Gokal, Abas Kassimali CACD 1997 The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that … Continue reading Regina v Cole: CACD 1990

Regina v Lyon: CACD 12 May 2005

The defendant appealed his sentence of five years after conviction for causing grievous bodily harm. Held: Care should be taken only to place relience upon guideline cases. Particular care should be adopted when considering Attorney General’s References unless they expressed themselves to be of general application, since in those cases the court was considering principally … Continue reading Regina v Lyon: CACD 12 May 2005

Attorney-General’s Reference No 88 of 2000: CACD 2001

The Attorney General referred a sentence for inflicting grievous bodily harm in a ‘road rage’ situation. Held: The section 18 offence should have attracted a sentence of four years after a trial. Citations: [2001] EWCA Crim 68 Statutes: Offences Against the Persons Act 1861 818 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference … Continue reading Attorney-General’s Reference No 88 of 2000: CACD 2001

Regina v Gokal, Abas Kassimali: CACD 1997

The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that that would infringe his right to silence. Held: There was no reason to think that Article 6 rights would be infringed if sections 23 and 26 were … Continue reading Regina v Gokal, Abas Kassimali: CACD 1997

Regina v May; Regina v Bravard; Regina v Stapleton: CACD 28 Jan 2005

The defendants had created limited companies for the sole purpose of making fraudulent reclaims of VAT. They appealed confiscation orders which attributed to each of them the whole sum received by the companies, rather than a proportionate part. Held: When looking at what property was owned by a defendant when considering a confiscation order and … Continue reading Regina v May; Regina v Bravard; Regina v Stapleton: CACD 28 Jan 2005

Regina v Jennings and Miles: CACD 1995

When an application is made to have evidence admitted under the 1988 Act, the evidence in support of that application must be given under oath. Citations: [1995] Crim LR 810 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina v CACD 7-May-2004 The defendant appealed his conviction. A … Continue reading Regina v Jennings and Miles: CACD 1995

Regina v McKinnon: CACD 19 Jan 2004

The defendant had taken obscene images within the UK, then exported them to the US where they were sold to subscribers, including subscribers within the UK. He appealed a confiscation order. Held: It was not necessary that the money be derived directly from criminal activity in the UK. A power of confiscation would arise in … Continue reading Regina v McKinnon: CACD 19 Jan 2004

Attorney-General’s Reference (No 5 of 1989); Regina v Hill-Trevor: CACD 1990

The Court of Appeal should not intervene unless it was shown that there was some error of principle in the judge’s sentence, so that public confidence would be damaged if the sentence were not altered. Citations: (1990) 90 Cr App R 358 Statutes: Criminal Justice Act 1988 35 36 Jurisdiction: England and Wales Cited by: … Continue reading Attorney-General’s Reference (No 5 of 1989); Regina v Hill-Trevor: CACD 1990

Attorney-General’s Reference (No 4 of 1989): CACD 1990

The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it concludes were unduly lenient. It cannot, we are confident, have … Continue reading Attorney-General’s Reference (No 4 of 1989): CACD 1990

Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition. Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity … Continue reading Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003