The admission of written evidence for the defendant under the section was to be decided on the civil standard of the balance of probabilities. Citations: Ind Summary 24-Oct-1994, Times 13-Oct-1994, Gazette 09-Nov-1994 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.87296
A consular official with immunity is not deemed to be outside UK for witness summons. Citations: Times 16-Mar-1993, Ind Summary 22-Mar-1993 Statutes: Criminal Justice Act 1988 23(2)(b)(i) Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.86997
The legislation encompassed the failure to pay tax as a benefit accrued through criminal activity, and therefore a court could order forfeiture of the proceeds of the crime, even though the wrong-doer might remain liable for the unpaid taxes in civil law. The possibility of such double liability was not relevant to the criminal proceedings. … Continue reading Regina v Allen (Brian Roger): CACD 13 Oct 1999
Citations: [2006] EWCA Crim 3269 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 24 October 2022; Ref: scu.248240
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
The defendants appealed against confiscation orders each for more than andpound;92 million said to have been derived from a substantial fraud. Held: The appeals succeeded. Sums which had been paid into banks as the result of a purported sale of goods by a buffer company in the course of a carousel fraud generating false claims … Continue reading Ahmad and Another v Regina: CACD 2 Mar 2012
Solicitor General’s application to refer sentences to this court under section 36 of the Criminal Justice Act 1988 as being unduly lenient. Citations: [2018] EWCA Crim 1170 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 19 October 2022; Ref: scu.624003
Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in … Continue reading Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993
Prosecutor’s appeal by way of case stated against the decision of Bristol Justices to acquit the respondent of a charge of assault, contrary to section 29 of the Criminal Justice Act 1988. Judges: Mr Justice Mitting Citations: [2013] EWHC 193 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 19 October 2022; Ref: scu.471018
Appeal against the order of Kenneth Parker J made on 4 November 2010 whereby he dismissed the appellant’s application for permission to continue an action for breach of duty against the respondent, a receiver appointed by the court pursuant to the Criminal Justice Act 1988. Judges: Ward, Lloyd, Kitchin LJJ Citations: [2011] EWCA Civ 1317 … Continue reading Glatt v Sinclair: CA 23 Nov 2011
Whether whole life order appropriate on sentencing for serious sexual offences. Judges: Lord Burnett of Maldon CJ, Dame Victoria Sharp P, Fulford LJ, Choudhury, Cutts JJ Citations: [2020] WLR(D) 675, [2020] EWCA Crim 1676 Links: Bailii, WLRD, Judiciary Statutes: Criminal Justice Act 1988 35 36 Jurisdiction: England and Wales Citing: Applied – Burinskas, Regina v, … Continue reading McCann and Others, Regina v: CACD 11 Dec 2020
The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005
If the defence could show a proper need to cross examine a witness giving evidence under the section as to a reason for a witness’ non-attendance, the defence should be given that opportunity. Citations: [1997] EWCA Crim 2422, [1998] Crim LR 213 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Wood, Fitzsimmons: CACD 10 Oct 1997
Evidence of witness which could only be understood by one individual placed him effectively as interpreter and so his interpretation was admissible. Video recording was admissible as document. Citations: Times 02-May-1998 Statutes: Criminal Justice Act 1988 23(1) Jurisdiction: England and Wales Criminal Evidence Updated: 11 October 2022; Ref: scu.88439
The two defendants appealed convictions for assault. Police officers made statements, but then at the request of the defence produced video evidence. The police officer who prepared the commentary on the video had amended his statement in the light of the video. The defendants complained that the officer should not have been allowed event to … Continue reading Regina v Roberts and Roberts: CACD 2 May 1998
Evidence of witness which could only be understood by one individual placed him effectively as interpreter and so his interpretation was admissible. Video recording was admissible as document Citations: Gazette 20-May-1998 Statutes: Criminal Justice Act 1988 23(1) Jurisdiction: England and Wales Criminal Evidence Updated: 11 October 2022; Ref: scu.86586
A butterfly knife is necessarily a knife designed as a weapon for causing injury. Judicial notice taken. Citations: Times 18-Jul-1997 Statutes: Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (1998 No 2019) Jurisdiction: England and Wales Criminal Evidence Updated: 11 October 2022; Ref: scu.80012
Written statements can be admissible at trial with the protections given by the section without being supported by oral evidence. An inference of the personal knowledge of the maker of statement is permissible. Citations: Ind Summary 03-Apr-1995, Times 09-Feb-1995, [1995] 2 Cr App R 523 Statutes: Criminal Justice Act 1988 24(1)(ii) Jurisdiction: England and Wales … Continue reading Regina v Foxley: CACD 9 Feb 1995
Recoverability of money from defendant is only one element in confiscation order. Citations: Times 05-Sep-1995 Statutes: Criminal Justice Act 1988 71 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.88192
A witness who claims forgetfulness out of fear may have a written statement admitted. Citations: Times 10-Mar-1997, Times 05-Mar-1997 Statutes: Criminal Justice Act 1988 23(1) 23(3)(b) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.88275
On a retrial, evidence from a transcript of the first trial is admissible. The alleged confession to a cell mate who boasted of deceptiveness is to be supported in court. Citations: Independent 15-Jun-1995, Times 27-Jun-1995 Statutes: Criminal Justice Act 1988 23 24 Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.87207
Common Assault could be changed to Common Battery when tried at Crown Court. Common assault was to be construed to include battery for trial on indictment. Citations: Ind Summary 18-Apr-1995, Times 12-Apr-1995 Statutes: Criminal Justice Act 1988 40 Jurisdiction: England and Wales Crime, Criminal Practice Updated: 08 October 2022; Ref: scu.87227
‘threat of injury’ included risk of injury to others not just child witness. Citations: Ind Summary 05-Feb-1996 Statutes: Criminal Justice Act 1988 32(1)(b) 32(2)(a) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.87142
The Court of Appeal may change a sentence tariff on a reference for leniency, but not against this defendant. Citations: Times 15-Nov-1996 Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87119
Video evidence of a child witness was correctly admitted in an arson trial because of the threat of injury. Citations: Times 28-Dec-1995 Statutes: Criminal Justice Act 1988 32, Criminal Damage Act 1971 12(b) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.87141
A judge should allow evidence by video link for a witness in a non extradition treaty country. Citations: Times 08-Apr-1997 Statutes: Criminal Justice Act 1988 32(3) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.86674
Video evidence of child over 14 but under 17 may be admissible as exception. Citations: Times 08-Mar-1996 Statutes: Criminal Justice Act 1988 33A Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.86517
The inability of a witness to attend my be proved by an affidavit from a third party. Citations: Times 02-Nov-1995 Statutes: Criminal Justice Act 1988 23(2)(b) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.86305
The A-G sought to refer as unduly lenient, the defendant’s sentence of 18 years for murder. Judges: Hooper LJ, Hickinbottom J Citations: [2012] EWCA Crim 135 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 October 2022; Ref: scu.451147
The defendant had been made the subject of a confiscation order. He appealed, saying that in calculating the assets, he had taken the gross value of his property without allowing for an outstanding mortgage. Held: The mortgage advance was not tainted money. Although the 1994 and 1988 Acts were intended to operate similarly and in … Continue reading Regina v Walls: CACD 30 Oct 2002
The AG sought leave to appeal against a sentence of two years imprisonment suspended after the defendant’s conviction for conspiracy to supply Class A drugs. Held: In considering the appropriate length of sentence was two and a half years or more, the notion of suspending the term should not have even been considered. Judges: Pitchford … Continue reading Regina v Williams; Attorney General’s Reference No 40 of 2011: CACD 2 Sep 2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011
Judges: Lord Woolf of Barnes LCJ Citations: [2005] EWCA Crim 954 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 September 2022; Ref: scu.249343
The defendant appealed her conviction for assisting another to retain the proceeds of crime. The court considered what was meant by ‘suspicion’. Held: For a defendant to be convicted of an offence under section 93A(1)(a) of the 1988 Act, he or she must think that there is a possibility, which is more than fanciful, that … Continue reading Da Silva, Regina v: CACD 11 Jul 2006
Citations: [1996] EWCA Crim 1110, [1996] 1 Cr App R (S) 11 Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Cited by: Cited – Regina v Wood and Maguire CACD 30-Apr-1998 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 13 September 2022; Ref: scu.148774
The court was asked how the judge should approach offences committed under the Sexual Offences Act 1956 in the context of the Definitive Guidelines under the Sexual Offences Act 2003. It raises the important point as to how the judge should approach the totality where there has, over a considerable period, been a variety of … Continue reading Attorney General’s Reference No 7 of 2011: CACD 7 Mar 2011
The defendant appealed his sentence of 15 months imprisonment for having a bladed article in a public place. Held: Given his record for previous similar offences, a prison sentence was inevitable, but fifteen months was too long, given that even in the altercation which had taken place, the blades were not produced. Nine months substituted. … Continue reading Regina v Weekes: CACD 11 Jan 1999
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
Judges: Rafferty J Citations: [2011] EWHC 593 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice Updated: 03 September 2022; Ref: scu.430652
The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there … Continue reading Regina v M (Witness Statement): CACD 20 Feb 2003
Judges: Lord Judge CJ, Royce, Globe JJ Citations: [2013] EWCA Civ 773, [2013] WLR(D) 187, [2014] Crim LR 375, [2013] 2 Cr App R 22, [2014] 1 WLR 199, [2013] EMLR 22 Links: Bailii, WLRD Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice, Media Updated: 31 August 2022; Ref: scu.522302
The authority appealed against dismissal of its summons against the defendant accusing it of selling knives unlawfully to purchasers under 18. The magistrates had found that the defendant had exercised due diligence. Judges: Pill LJ, Roderick Evans J Citations: [2010] EWHC 3283 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 141A Crime Updated: 31 August … Continue reading London Borough of Croydon v Pinch A Pound (UK) Ltd: Admn 14 Dec 2010
Judges: Kenneth Parker J Citations: [2010] EWHC 3069 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Professional Negligence Updated: 28 August 2022; Ref: scu.427020
Judges: Davis J Citations: [2004] EWHC 861 (Admin), [2004] 3 WLR 906, [2005] QB 133, [2004] 3 All ER 1077, [2004] ACD 51 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice Updated: 27 August 2022; Ref: scu.195906
Judges: Mr Justice Colman Citations: [2004] EWHC 1529 (Comm), [2005] 1 CLC 866, [2004] 4 All ER 1024, [2004] 2 All ER (Comm) 880 Links: Bailii Statutes: Criminal Justice Act 1988 93A Jurisdiction: England and Wales Banking Updated: 27 August 2022; Ref: scu.198572
The defendant was convicted of having in his possession goods bearing a a sign identical to or likely to be mistaken for a registered trademark. A confiscation order was made, which he now appealed. Held: Under section 71, a person benefitted from the offence if he obtained property as a result of or inconnection with … Continue reading Regina v Davies (Derrick): CACD 6 Nov 2003
The Crown appealed a decision that a conviction under subsection 2 required proof that the money the disposal of which the defendant was accused to have assisted was in fact the proceeds of drug trafficking. Held: Subsections 1 and 2 were clearly differently worded. Under section 1 it was necessary to prove that the goods … Continue reading Regina v Montilla, Newbury etc: CACD 3 Nov 2003
The court granted to the prosecutor leave to appeal as unduly lenient against the sentence of three years imprisonment imposed on the defendant for misconduct in public office. As a police offiocer with access to police information systems he had supplied sensitive and confidential information to criminal associates in return for cocaine.. Judges: Leveson LJ, … Continue reading Bohannan, Regina v: CACD 21 Sep 2010
The AG referred two case of sentencing for possession of false identity documents. Citations: [2008] EWCA Crim 677 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Cited by: Cited – John, Regina v CACD 19-Aug-2008 The defendant was convicted of possession of false identity documents, and sentenced to fifteen months imprisonment. … Continue reading Attorney General Reference Nos 1 and 6 of 2008: CACD 4 Mar 2008
Where after a conviction, the defendant was allowed an adjournment to provide further information with regards to him having property which was derived from his criminal activity, the time limit for the making of a confiscation order began at the time when the adjournment was made. A later confiscation order made after the six months … Continue reading Regina v Miranda: CACD 15 Feb 2000
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010
The defendant had breached freezing orders and had verified statements put before the court without honestly believing them. He now challenged the subsequent contempt proceedings saying that they were criminal within section 25 of the 1988 Act and hearsay evidence should not have been allowed. Held: The use of section 25 was confined to the … Continue reading Daltel Europe Ltd and others v Makki and others: CA 28 Feb 2006
The court considered an application to appoint a receiver under the 1988 Act against background of ancillary relief proceedings. Judges: Munby J Citations: [2005] EWHC 2623 (Fam) Links: Bailii Statutes: Criminal Justice Act 1988 80 Jurisdiction: England and Wales Family, Criminal Practice Updated: 16 August 2022; Ref: scu.262188
The applicants appealed sentences for possession of offensive weapons. Held: The court gave guidance on the issues of relevance in sentencing. The court should follow the Sentencing Advisory Panel in considering the intentions of the defendant. Particular aggravations might be the specific planned use, any racial aggravation, or being under the influence of drugs. As … Continue reading Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002
The defendants had been tried in cases where the prosecution had employed leading counsel. The defendants had been refused similar representation. They complained that this created an inequality of arms, and an unfair trial under Human Rights law. The question also arose as to the maximum sentence allowable after a re-trial ordered by the Court … Continue reading Regina v Lea (Attorney-General’s Reference No 82 of 2000); Regina v Shatwell: CACD 28 Jan 2002
In a trial for affray, two witnesses said they were reluctant to give evidence in person in fear for their own safety. Their evidence was admitted by the judge using his discretion under the Act for this purpose. He directed the jury as to the care they had to exercise, and there was other evidence. … Continue reading Regina v Denton: CACD 22 Nov 2000
The defendant’s mortgage debts are to be disregarded when looking at whether or not to make a confiscation order, but are not to be disregarded when making a costs order. The two questions look at the defendant’s circumstances from different points of view. Citations: Times 21-May-1997 Statutes: Criminal Justice Act 1988 Part VI Jurisdiction: England … Continue reading Regina v Ghadamia: CACD 21 May 1997
Citations: [2009] NICA 42 Links: Bailii Statutes: Criminal Justice Act 1988 36 Northern Ireland, Criminal Sentencing Updated: 04 August 2022; Ref: scu.375993
Judges: Judge LJ, Forbes J, Slade J Citations: [2008] EWCA Crim 3135, [2009] 2 Cr App R (S) 42 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 August 2022; Ref: scu.374446
The Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review. Judges: Staughton LJ and Buckley J Citations: Times 30-May-1994, Independent 24-May-1994 Statutes: Criminal Justice Act 1988 17(1) 108 … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: QBD 24 May 1994
The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into force, but could not in the interim introduce a scheme which differed radically from … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994
The witness had given three statements to police officers. Some time before the trial, the defendant was released, and the witness gave a further statement declining to give evidence on the basis that he was frightened for himself and his family of reprisals. By the time of the trial, it had been three months since … Continue reading Regina v H Regina v W Regina v M: CACD 6 Jul 2001
The defendant appealed a confiscation order, claiming that the section, when it required two or more offences, required the offences to be separate offences. In this case a conviction for producing a false document which was used in on of the other offences was too closely involved. Held: It was not necessary for the offences … Continue reading Regina v Smith: CACD 5 Nov 2002
Adequacy of the judge’s directions as to images deleted from a computer disc. Judges: Lord Judge LCJ, Swift, Cranston JJ Citations: [2008] EWCA Crim 2712, (2008) 172 JP 585 Links: Bailii Statutes: Criminal Justice Act 1988 160(1) Jurisdiction: England and Wales Crime Updated: 26 July 2022; Ref: scu.278291
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in the case of the 1988 Act, of crime. The Crown … Continue reading Regina v Montila and Others: HL 25 Nov 2004
The court considered the recovery of expenses by a receiver appointed to administer assets of money launderer. The receiver sought to exercise a lien over assets held for the prisoner by the prison to recover the costs of the receivership after the defendant’s conviction for money laundering. The defendant’s wife intervened, seeking to assert her … Continue reading Sinclair In her Capacity As the Former Receiver v Glatt Executors of Estate of Glatt and Glatt and Glatt: CA 13 Mar 2009
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
The Court of Appeal has jurisdiction to hear Attorney General’s reference on an indictable crime committed by a juvenile. Citations: Ind Summary 12-Apr-1993 Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Practice Updated: 23 July 2022; Ref: scu.88227
The judge has a discretion as to the admission of the written statement made by a witness who had died before trial. Held: The circumstances must vary, according not least to the nature of the issue on which the deceased’s evidence was required. Simple rules could not always apply, but sufficient and proper warning should … Continue reading Regina v Hardwick: CACD 28 Feb 2001
A male litigant in person wished to cross-examine a young adult woman whom he was alleged to have abused sexually when she was a child. The young woman in question was a borderline anorexic and a suicide risk. In criminal proceedings, section 34A of the 1988 Act and sections 34 and 35 of the 1999 … Continue reading H v L and R: FD 7 Dec 2006
Citations: [2008] EWHC 3217 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 71 Jurisdiction: England and Wales Criminal Sentencing Updated: 21 July 2022; Ref: scu.278992
The defendant had been found guilty of wounding with intent. The AG now appealed saying that the 3 years sentence of imprisonment was inadequate. He had attacked another man outside a oub with a knife. He had a previous offence involving an attack outside a pub with a bottle. He was a serving private in … Continue reading Attorney General’s Reference No 61 of 2007 (Madden): CACD 4 Jul 2007
The defendant company had been accused of selling a bladed article to a youth making a test purchase. The prosecutor now appealed by way of case stated raising the question as to whether a reasonable precaution taken after a test case conducted by the trading standards of a local authority necessarily discloses a failure to … Continue reading Enfield London Borough Council v Argos Ltd: Admn 24 Jun 2008
Appeal against refusal of certificate of inadequacy. Held: On an application by the defendant under section 17, the High Court should survey the present value of all the defendant’s property, whether acquired before or after the making of the confiscation order. Citations: [2004] EWCA Civ 1800 Links: Bailii Statutes: Criminal Justice Act 1988 83(1) Jurisdiction: … Continue reading In re O’Donoghue: CA 4 Nov 2004
The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was quashed for some new fact discovered demonstrating innocence. The claimant victim had been shown later … Continue reading Clibery, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jul 2007
Application by the Crown Prosecution Service for the appointment of a receiver under section 80 of the Criminal Justice Act 1988 (CJA No 3 of 2000) and in the Family Division hearing ancillary relief proceedings. Judges: Munby J Citations: [2005] EWHC 2622 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Crime, … Continue reading Crown Prosecution Service v MN: Admn 21 Nov 2005
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
Judges: Cranston J Citations: [2008] EWHC 690 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 Crime Updated: 14 July 2022; Ref: scu.267031
The defendant appealed against two convictions under the 1988 Act for possession of a bladed article in a public place. She said that whilst riding in a taxi, she had been sexually assaulted. She later collected the knives and went off to find the taxi driver. She had been drinking. She complained of the judge’s … Continue reading Clancy, Regina v: CACD 18 Jan 2012
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
The defendant appealed from a confiscation order. He was stopped attempting to import substantial quantities of tobacco. He said that since it had been taken at the port, he had not derived an benefit so as to allow an order. Held: The appeal failed. Once a person has evaded the payment of duty he has … Continue reading Edwards v Regina: CACD 30 Nov 2004
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
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
The court considered the factors to be accounted in a defence of self-defence. Lord Lane LCJ said: ‘If the defendant is proved to have been attacking or retaliating or revenging himself, then he was not truly acting in self-defence. Evidence that the defendant tried to retreat or call off the fight may be a cast-iron … Continue reading Bird, Regina v: CACD 22 Mar 1985
Media bodies appealed against an order postponing publicity about the trial of the defendant until the conclusion of the trial of his co-defendants. He had asked to be sentenced on his plea rather than to have his sentence postponed. The judge was concerned at the possible effect of great publicity on the trial to follow. … Continue reading In re B: CACD 27 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
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
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
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
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
Wrongful joinder of summary and indictable offences. Appeal was allowed since the cases involved were dissimilar. Citations: Times 31-Dec-1996 Statutes: Criminal Justice Act 1988 40 Jurisdiction: England and Wales Criminal Practice Updated: 06 July 2022; Ref: scu.88044
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
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
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
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
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
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
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
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified … Continue reading Wang, Regina v: HL 10 Feb 2005
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