Search Results for: Criminal Procedure and Investigation Act 1996

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WV, Regina (on The Application of) v Crown Prosecution Service: Admn 1 Sep 2011

WV brought an application for permission to apply for judicial review to quash a decision of the Crown Prosecution Service (CPS) to disclose to the defence in a trial his identity as a person providing information to the police without applying to the trial judge for a ruling that information relating to WV’s identity is … Continue reading WV, Regina (on The Application of) v Crown Prosecution Service: Admn 1 Sep 2011

H, Regina v Re Interlocutory Application: CACD 7 Jul 2006

The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure would not form part of the material to be considered in a preparatory hearing as such, there was no right of appeal. Judges: Maurice Kay LJ, Crane, Dobbs JJ … Continue reading H, Regina v Re Interlocutory Application: CACD 7 Jul 2006

Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001

The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might be admitted. The prosecutor said there was no right of appeal. Held: (publication having been held back) Since the issues would have been heard in the absence of the … Continue reading Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001

SEH, Regina v: CACD 1 Nov 2016

Appeal against refusal of judge to stay proceedings as an abuse of process. Treacy LJ, Cheema-Grubb J, Sir Steohen Silber [2016] EWCA Crim 1609 Bailii Criminal Procedure and Investigations Act 1996 359(1) England and Wales Crime Updated: 24 January 2022; Ref: scu.570718

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Regina v Rochford: CACD 28 Jul 2010

The defendant appealed against sentence after being found in contempt. His lawyers had filed a defence statement, based on the defendant’s case, which the judge felt was inadequate. It was said that the defendant was in contempt after failing to amend it as required by the judge. He appealed against a sentence of imprisonment. Held: … Continue reading Regina v Rochford: CACD 28 Jul 2010

Green v Chief Constable of South Wales Police: Admn 10 May 2006

The defendant appealed his conviction for speeding, saying that the magistrates had refused to order disclosure of the police video recording of the events, seeing no issue to which the tape would be relevant. Held: The defendant had no absolute right of disclosure. The court had been correct to refuse an order for its disclosure … Continue reading Green v Chief Constable of South Wales Police: Admn 10 May 2006

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Kelly v Regina: CACD 15 May 2015

Appeal against a conviction for murder brought upon one issue, namely whether a failure by the prosecution to make proper disclosure under the Criminal Procedure and Investigations Act 1996 rendered the trial of the appellant unfair and the verdict unsafe. Held: The risk of injustice that a circumstantial evidence direction is designed to confront is … Continue reading Kelly v Regina: CACD 15 May 2015

Attorney General’s Reference (No 1 of 1990): CACD 1990

A police officer attended an incident where two people were arrested. Complaints about his conduct were made of which he was given notice. A formal investigation was instituted and adjourned pending the outcome of criminal proceedings against those arrested. They were acquitted in January 1988. The investigation of the complaints was then resumed. In March … Continue reading Attorney General’s Reference (No 1 of 1990): CACD 1990

Regina v Kansal (2): HL 29 Nov 2001

The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001

Fuller v London Borough of Brent: CA 15 Mar 2011

The employers had dismissed the employee for misconduct. The Tribunal found that the employers had a genuine belief in the misconduct alleged and there had been a reasonable investigation. The real issue was whether it was reasonable to dismiss for the misconduct alleged. The Tribunal found that no reasonable employer would have dismissed the employee … Continue reading Fuller v London Borough of Brent: CA 15 Mar 2011

Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999

The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences. Held: The magistrate was vested with jurisdiction to consider whether summonses issued by a convicted defendant amounted to an abuse of process, and … Continue reading Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999

Re D (a child): CA 14 Jun 2011

In the course of care proceedings, the mother had revised her version of events, and then explained why. The father sought disclosure of the attendance notes of her solicitor, saying that she had waived any privilege in the advice given. She now appealed against the order for disclosure. Held: The appeal failed. The mother had … Continue reading Re D (a child): CA 14 Jun 2011

Regina v E: CACD 26 Apr 2004

The court was asked as to the permissibility of admitting covert recordings of the accused’s car by investigating officers, which recorded the accused’s words as they spoke into their telephones. The defendants said that this amount to interception of the calls. Held: If what happened was interception, evidence of the content of any telephone calls … Continue reading Regina v E: CACD 26 Apr 2004

Regina v H; Regina v C: HL 5 Feb 2004

Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004

K, Regina v: CACD 28 Jul 2009

The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

Her Majesty’s Advocate v P: SC 6 Oct 2011

(Scotland) The appellant had been interviewed by police without being offered access to a solicitor. He complained that the interview and information obtained only through it had been used to found the prosecution. Held: The admission of the evidence may not infringe the defendant’s human rights. However, there is no absolute rule that the fruits … Continue reading Her Majesty’s Advocate v P: SC 6 Oct 2011

Regina v South London Coroner ex parte Thompson: 8 Jul 1982

The court discussed the function of the coroner and his inquest. Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise when feelings are running high and the spectators are emotionally involved … Continue reading Regina v South London Coroner ex parte Thompson: 8 Jul 1982

Michel v The Queen (The Court of Appeal of Jersey): PC 4 Nov 2009

michel_rPC2009 (Jersey) The defendant appealed, complaining that the number and character of the judge’s interventions in his trial for money laundering had made it unfair. Held: The conviction was quashed and the case remitted for a decision as to rehearing. The judge had repeatedly intervened to ask questions damaging to the defence and which the … Continue reading Michel v The Queen (The Court of Appeal of Jersey): PC 4 Nov 2009

C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995

The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside. Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good law, but a child is not capable at law without the requisite … Continue reading C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995

Regina v Shayler: CACD 28 Sep 2001

Duress as Defence not closely Defined The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made in the public interest. He appealed against a judgment that the … Continue reading Regina v Shayler: CACD 28 Sep 2001

Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007

Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007

Regina v Lucas (Ruth): CACD 1981

People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt. Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:- (1) The lie must be deliberate;(2) It must relate to a material issue;(3) The motive for the lie … Continue reading Regina v Lucas (Ruth): CACD 1981

Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002

The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002

Regina v Lee: CACD 24 Jun 2010

The defendant pharmacist faced a charge of supplying a medicinal product with a misleading label, an offence under section 85 of the 1968 Act. Working as a locum in a busy supermarket pharmacy she had signed off a mislabelled prescription. The patient ended up in hospital. After directions as to the law, she pleaded guilty. … Continue reading Regina v Lee: CACD 24 Jun 2010

Regina v South London Coroner ex parte Thompson; 8 Jul 1982

References: [1982] 126 SJ 625 Coram: Lord Lane CJ Ratio: The court discussed the function of the coroner and his inquest. Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise when … Continue reading Regina v South London Coroner ex parte Thompson; 8 Jul 1982