Click the case name for better results:

Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008

The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008

Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

Di Placito v Slater and others: CA 19 Dec 2003

The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died. Held: The trial took place before R -v- G which had overruled Caldwell. The standard of recklessness to be show was that laid down in Cunningham. … Continue reading Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012

The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless. Held: The case was arguable and should be allowed to proceed: ‘However, the point that … Continue reading Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012

Whiston, Regina (on The Application of) v Secretary of State for Justice: CA 25 Oct 2012

The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other opportunity to make representations, was infringement of his human rights. Held: The appeal … Continue reading Whiston, Regina (on The Application of) v Secretary of State for Justice: CA 25 Oct 2012

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A: QBD 5 Dec 2003

Magistrates have no Power to redo Mode of Trial The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial. Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have to be revisited by the House … Continue reading Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A: QBD 5 Dec 2003

H, Regina v, (Criminal propensity): CACD 3 Dec 2009

Incomplete Information distorted jury’s picture The defendant appealed against his conviction for robbery saying that it was a named third party. The jury had been told of his own previous conviction for robbery, but not that the third party had also so been previously convicted. The jury had only been informed that the third party … Continue reading H, Regina v, (Criminal propensity): CACD 3 Dec 2009

Petkar and Farquar, Regina v: CACD 16 Oct 2003

The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was incorrect, the judge having left open the inferences which might be drawn. Held: The … Continue reading Petkar and Farquar, Regina v: CACD 16 Oct 2003

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010

The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his detention. Held: The Parole Board had a two stage decision, first as to whether … Continue reading Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010

Oakes and Others v Regina: CACD 21 Nov 2012

A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012

In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000

The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself. Held: When asking whether material circumstances in a case might give rise to a reasonable apprehension of bias, the test was whether objectively … Continue reading In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000

Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his release, but that had been overriden by the respondent. had not … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

Jameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe Sprl (No 1): CA 26 Nov 2003

The court considered the levels of meaning in an article falsely connecting the claimant with terrorist activity: ‘Once it is recognised that the article may be asserting no more than that in one way or another the respondents may unwittingly have assisted terrorists in the past and may by introducing more controls be able to … Continue reading Jameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe Sprl (No 1): CA 26 Nov 2003

KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003

The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years. Held: The judge had misapplied the test laid down in Stebbings. The court of appeal had not previously considered how to apply its … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003

King v Secretary of State for Justice: Admn 13 Oct 2010

The claimant sought judicial review of decisions that the claimant had committed a disciplinary offence whilst in custody at a Young Offenders Institute. Held: The claim failed.Pitchford LJ considered the ECHR jurisprudence, and said: ‘In the series of prison cases [Ganci, Gulmez, Enea and Stegarescu] the European Court recognized as personal, and therefore ‘civil’, those … Continue reading King v Secretary of State for Justice: Admn 13 Oct 2010

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law. Held: The decision was … Continue reading Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

Secretary of State for Justice v James: HL 6 May 2009

The applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required. Held: The post tariff detention was not unlawful and therefore no action for damages lay. The clear failures of the respondent to implement … Continue reading Secretary of State for Justice v James: HL 6 May 2009

Ganci -c- Italie: ECHR 30 Oct 2003

The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999

The claimant sought damages after his arrest by armed police. The defendant appealed a substantial award of damages. Held: The section required the officer to have reasonable grounds for suspecting the arrestees to be guilty of the offence. The constable must suspect both that an arrestable offence has been committed and that the citizen he … Continue reading Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999

Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

Herbert and Others, Regina v: CACD 29 Oct 2008

The defendants appealed their sentences for murder and grievous bodily harm. Each was sentenced with minimum periods set under section 216 of the 2003 Act. Five youths (including the defendants) had severely beaten up a young man, and when his girlfriend intervened the assaulted and killed her. Held: The judge had taken as a starting … Continue reading Herbert and Others, Regina v: CACD 29 Oct 2008

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002

Regina v Secretary of State for Home Department ex parte Easterbrook: CA 22 Mar 1999

A prisoner subject to a discretionary life sentence argued that as the Lord Chief Justice, in advising the Secretary of State on his tariff, was performing an act equivalent to an act of sentencing the appropriate course was to allow him to make oral submissions before that determination was made. Held: The court was satisfied … Continue reading Regina v Secretary of State for Home Department ex parte Easterbrook: CA 22 Mar 1999

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The … Continue reading Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976

The public right of navigation (PRN) is a right to public use of the river. The river may be used by the public for purposes of exercise and recreation as well as transport and commerce. At common law PRN cannot be lost by lack of use over time. ‘A public right of way on highways … Continue reading Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

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

Regina v Coutts: HL 19 Jul 2006

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006

Woolmington v Director of Public Prosecutions: HL 23 May 1935

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

J, S, M v Regina: CACD 23 Jul 2010

Interlocutory appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 against an order that, in accordance with section 44(3) of the Criminal Justice Act 2003, (the 2003 Act) the forthcoming trial of the defendants should be conducted by a judge alone. Judges: The Lord Chief Justice of England and Wales Citations: [2010] … Continue reading J, S, M v Regina: CACD 23 Jul 2010

Khan and Others v Regina: CACD 16 Apr 2013

The several defendants appealed against sentences imposed for acts preparatory to terrorism. Each had been involved to a lesser extent than principals in a larger circle. Held: Leveson LJ said: ‘Although potentially highly relevant both to culpability and potential harm (and, thus, of importance for the purpose of fixing the punitive part of any sentence) … Continue reading Khan and Others v Regina: CACD 16 Apr 2013

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

Najib v Regina: CACD 12 Feb 2013

The defendant appealed against his conviction for murder saying that the court had given inadequate directions as to his ‘no comment’ interview, the need to treat the evidence of a co-accused with caution, and the need for a bad character direction. Held: The appeal failed. The direction as to the no comment interview had allowed … Continue reading Najib v Regina: CACD 12 Feb 2013

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993

The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993

Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002

The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002

Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid. Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully arrested is liable for trespass to the person. The terms of the warrant had to be … Continue reading Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014

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

Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Regina v Graham, Kansal, etc: CACD 25 Oct 1996

The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996

Regina v Condron, Condron: CACD 17 Oct 1996

The defendants were charged with the supply of heroin. They had declined to answer police questions and it was on the record that their solicitor had advised them not to do so, on the grounds that he considered them unfit because they were displaying withdrawal symptoms; the doctor who examined them had disagreed. Held: The … Continue reading Regina v Condron, Condron: CACD 17 Oct 1996

Regina v Cowan and Another: CACD 12 Oct 1995

Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court. Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof remains upon the prosecution throughout and what the required standard … Continue reading Regina v Cowan and Another: CACD 12 Oct 1995

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012