The case of R v Popat had not been overruled by R v Forbes, which had been decided unfortunately. The obligation to hold an identity parade was not absolute. There are other factors which can be relied upon to make the obligation indeterminate. Citations: Times 02-Sep-1999 Statutes: Police And Criminal Evidence Act 1984 Codes of … Continue reading Regina v Popat (No 2): CACD 2 Sep 1999
There has been some confusion about the need for identity parades to be held where requested by the defendant. Where the witness had properly identified the defendant such a parade need not be held. The decision in R v Popat was to be preferred to that in R v Forbes. Citations: Times 13-Oct-1999 Statutes: Police … Continue reading Regina v Ryan: CACD 13 Oct 1999
The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act. Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements … Continue reading Bhatti and Others v Regina: CACD 30 Jul 2015
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
QBNI ‘The applicant challenges the refusal of the Police Service of Northern Ireland (PSNI) to provide him and his solicitor with tapes of police interviews conducted with him as an assisting offender following the making of a written agreement with a specified prosecutor pursuant to section 73 (1) (b) of the Serious Organised Crime and … Continue reading Haggarty, Re Judicial Review: QBNI 9 Mar 2012
Failure to comply with code of practice with regard to identification evidence and parades is not necessarily fatal to a prosecution. Citations: Times 23-Feb-1998 Statutes: Police and Criminal Evidence Act 1984; Codes of Practice Jurisdiction: England and Wales Criminal Practice Updated: 11 October 2022; Ref: scu.87046
The defendants appealed convictions for importing drugs. They chose not to give evidence. At one point, in the presence of the jury, the judge spoke to counsel about warning the defendants of the ‘potential’ inferences, but the defendants had been arraigned before the new rules had come into effect. He acknowledged his mistake, and later … Continue reading Regina v Hussain, Khan: CACD 20 Jan 1997
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
Police must follow the published Code of Practice, when conducting identity parades, and may not substitute their own. If the evidence is allowed in despite the breach, the judge should explain the significance of the breach to the jury, as it may go to the weight they attach to the evidence. Citations: Ind Summary 04-Apr-1994, … Continue reading Regina v Quinn: CACD 15 Mar 1994
The Court of Appeal was not to overturn a Judge’s decision with regard to identification evidence in the absence of any lurking doubt. The admission of evidence goes only to fairness within trial, not unreliability. Citations: Ind Summary 09-Oct-1995, Times 05-Sep-1995 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence, … Continue reading Regina v Rankin: CACD 5 Sep 1995
The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not … Continue reading Regina v Major Sandhu: CACD 10 Dec 1996
The absence of the protection of a rule against self-incrimination under the company law questioning procedure, didn’t make the use an admission in criminal proceedings unfair. DTI Inspectors may continue their inquiries after it has become clear that offences have been committed provided the caution is given. Citations: Independent 28-Nov-1995, Times 28-Nov-1995, Gazette 15-Dec-1995 Statutes: … Continue reading Regina v Saunders and Others: CACD 28 Nov 1995
Information which had been volunteered without questions was not an interview for PACE purposes. Citations: Times 23-Mar-1994 Statutes: Police and Criminal Evidence Act 1984 84, 86 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87318
An inadmissible statement which was exculpatory of a co-defendant was admissible for that co-defendant. Citations: Times 23-Apr-1996 Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.87400
The defendant appealed against his conviction for rape. There had been a DNA match, but the defendant did not match the description given by the victim, and she had not picked him out. He argued that DNA evidence alone should not be used to convict, and that the judge had misdirected the jury as to … Continue reading Regina v Adams: CACD 26 Apr 1996
The judge should direct on the fact that caution is required before a jury can be asked to rely upon a confession of a mentally handicapped person. Citations: Ind Summary 20-Feb-1995 Statutes: Police and Criminal Evidence Act 1984 77 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86083
A confession made by a mentally handicapped person to a non-independent witness should only be admitted into evidence after a proper warning was agreed to be given to the jury. Citations: Times 26-Jan-1995 Statutes: Police and Criminal Evidence Act 1984 77 Jurisdiction: England and Wales Criminal Practice, Criminal Evidence Updated: 08 October 2022; Ref: scu.86084
Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime … Continue reading Regina v Hardwicke and Thwaites: CACD 10 Nov 2000
The claimants challenged the legality of the issue and execution of search warrants issued on the request of the respondent. Held: The search was executed unlawfully, but the relief granted was confined to a declaration. Judges: Laws LJ, Simon J Citations: [2011] EWHC 2998 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 … Continue reading Glenn and Co (Essex) Ltd and Others v HM Commissioners for Revenue and Customs and Another: Admn 16 Nov 2011
A decision on whether a suspect has a mental handicap must be reached on evidence, and the decision must be express. Citations: Ind Summary 22-Jan-1996, Times 12-Dec-1995 Statutes: Police and Criminal Evidence Act 1984 66 codes Jurisdiction: England and Wales Criminal Practice Updated: 22 September 2022; Ref: scu.86798
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
Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
Appeals from conviction of conspiracy to defraud. Citations: [1997] EWCA Crim 960 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 74(2) Jurisdiction: England and Wales Citing: Distinguished – Regina v Manzur; Regina v Mahmood CACD 28-Nov-1996 The prosecution was seeking to rely upon the plea of guilty of a person who had not given … Continue reading Gardner and Another, Regina v: CACD 22 Apr 1997
The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for suspecting the claimant was guilty of an offence, as required by section 24(2) of … Continue reading Parker v The Chief Constable of Essex Police: CA 11 Dec 2018
Where a general conspiracy is charged in a single count, it is not bad for duplicity only because the evidence offered to prove it includes proof of the subsidiary conspiracies entered into in carrying out the general conspiracy. Duplicity is a matter of form, not a matter relating to the evidence called to support the … Continue reading Regina v Greenfield: CACD 1973
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
There was an obligation to destroy fingerprints and samples in respect of persons who were acquitted. Nevertheless, if such material was unlawfully retained, it could be used for the purpose of investigating another offence, and the evidence could be used in a subsequent trial unless it was excluded at the judge’s discretion. Citations: [1999] EWCA … Continue reading Attorney General’s Reference No 3 of 1999 (Lynn): CACD 26 Mar 1999
The provisions of the Code of Practice regarding identification parades are mandatory and additional unwritten conditions are not to be inserted. Where there was an identification and the suspect challenged that identification, and consented to the parade, the parade must be held. There is nothing in the words of code of practice to allow police … Continue reading Regina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999): HL 19 Dec 2000
The complainat had seen the burglar/defendant, noted his car number and later identified the car to the police. He identified the defendant from a group identification, but the codes of practice were not followed. Held: Though the Codes had been breached the court must look to see whether this had lead to any unfairness, and … Continue reading Regina v Grannell: CACD 1990
The defendant appealed from his conviction of murder. He complained that the judge should not have admitted in evidence material derived from a covert surveillance. The covert surveillance was of the defendant at his family home, and had been authorised by the Chief Constable and the Surveillance Commissioner. He complained that the matters in issue … Continue reading Turner v Regina: CACD 9 May 2013
The prosecution was seeking to rely upon the plea of guilty of a person who had not given evidence. Held: A co-accused’s guilty plea was admissible only with an explanation of its basis. Citations: Times 06-Dec-1996, [1996] EWCA Crim 1566 Statutes: Police and Criminal Evidence Act 1984 74 Jurisdiction: England and Wales Cited by: Distinguished … Continue reading Regina v Manzur; Regina v Mahmood: CACD 28 Nov 1996
The defendants were accused of assisting a person to evade a control order. On arrest their computers had been seized, and they now sought an order on an interim appeal to discharge the case under the 2000 Act of not providing passwords to encrypted material. They said that the Act required them to incriminate themselves. … Continue reading Regina v S(F) and A(S): CACD 29 Jul 2008
Defendants challenged the terms of search warrants and the conditions attached to their bail. There was alleged to be a substantial VAT fraud. Citations: [2011] EWHC 842 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8(1) Jurisdiction: England and Wales Legal Professions, Police Updated: 06 September 2022; Ref: scu.431755
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The defendant appealed against his conviction for robbery. He said that the court should not have allowed a confession to be put before the jury. He said that the police officers had misrepresented the statement of a co-accused and had behaved in an overbearing and oppressive manner. Held: The appeal failed. The officer had not … Continue reading Alagaratnam v Regina: CACD 5 Jul 2010
The two defendants appealed from convictions of conspiracy to defraud, saying that the court should not have admitted in evidence the admissions of co-defendants who had pleaded guilty. Held: The appeal failed. Judges: Sir Brian Leveson, Jeremy Baker, Goose JJ Citations: [2018] EWCA Crim 2486, [2018] WLR(D) 689, [2018] 4 WLR 154 Links: Bailii, WLRD … Continue reading Shirt and Another v Regina: CACD 8 Nov 2018
The defendants had been pursued in substantial commercial litigation. They were alleged to have perjured themselves in affidavits of means sworn and filed at court. Later they had entered into deeds with the other parties, and part of the consideration was an agreement by those other parties not to pursue them for perjury. The defendants … Continue reading Regina v Trutch, and Mary Trutch: CACD 25 Jul 2001
The defendant appealed against an order at a preparatory hearing that evidence of his previous convictions and the manner of his actions should be admissible at his trial for two murders. A ruling had been given which the defendant said would restrict his right to deny those offences. Held: The defendant’s bare assertion Citations: [2010] … Continue reading C v Regina: CACD 17 Dec 2010
The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an arrest. Held: Under the new section 24, ‘a summary arrest by a police officer … Continue reading Shields v Merseyside Police: CA 17 Nov 2010
The court as asked about when an order may be made under section 9(1) and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE) to compel the production of a journalist’s note for potential use at a criminal trial. Citations: [2019] EWHC 2756 (Admin) Links: Bailii Jurisdiction: England and Wales Police, Media Updated: … Continue reading The British Broadcasting Corporation (BBC), Regina (on The Application of): Admn 22 Oct 2019
The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant … Continue reading Blench v Director of Public Prosecutions: Admn 5 Nov 2004
The claimant challenged the right of a custody officer to attach conditions to his bail when releasing him to return to the station under section 34. Judges: Maurice Kay LJ, Burton J Citations: [2007] EWHC 3212 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 34, Police and Justice Act 2006 Jurisdiction: England and … Continue reading Torres, Regina (on the Application of) v the Commission of Police of the Metropolis: Admn 17 Dec 2007
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
The defendants appealed against their convictions for murder, complaining of the admission against them of hearsay evidence from witnesses in Cyprus. Two of the statements had been later retracted. Held: The convictions stood. The statements had been formal ones taken by the police in Cyprus, and there was no convincing evidence of them having been … Continue reading Thakrar and Another v Regina: CACD 5 Jul 2010
The defendant sought to assert that he was of previous good character. The prosecution knew of convictions abroad, and sought to admit them in rebuttal. The 1984 Act did not deal with foreign convictions. Held: The 1851 Act still applied, and appropriately certified evidence of foreign convictions could be admitted. Police fingerprint evidence was also … Continue reading Regina v Mauricia: CACD 25 Feb 2002
The defendant’s solicitor had advised him whilst at the police station to make a confession. He appealed saying that he should not have been given that advice, and that the evidence should be excluded. Held: A solicitor’s role in the police station was not simply to make life difficult for the prosecution, nor to get … Continue reading Regina v Wahab: CACD 26 Jun 2002
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
The claimant alleged that his treatment in the police station had been wrongful. His solicitor, representing two clients, had refused to attend the interview with the claimant until he had seen the second client. There was a scene and the solicitor was excluded. The claimant said that this had unlawfully imposed a condition on his … Continue reading McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
Appeal against acquittal of offence of driving a motor vehicle whilst over the prescribed alcohol limit. The defendant had challenged the calibration of the Camic breath testing machine which showed the incorrect date. Citations: [1997] EWHC Admin 946 Statutes: Road Traffic Act 1988 5(1)(a), Police and Criminal Evidence Act 1984 69 Jurisdiction: England and Wales … Continue reading Director of Public Prosecutions v Garnett: Admn 30 Oct 1997
Custody sergeant need only be available to be called in readily, not present. Citations: Gazette 16-Sep-1992 Statutes: Police and Criminal Evidence Act 1984 36-1 Jurisdiction: England and Wales Crime, Police Updated: 06 August 2022; Ref: scu.90169
ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014
The DPP appealed by case stated against a dismissal of a charge against the respondent following a driving incident. He complained of the admission of bad character evidence saying that it would be unfair under section 78 of the 1984 Act. The magistrates had accepted that submission. Held: The Crown had sought to adduce the … Continue reading Director of Public Prosecutions v Agyemang: Admn 24 Jun 2009
The defendant appealed his conviction for aggravated burglary. He complained that evidence of his co-accuseds’ please of guilty had been admitted even though the factual basis of those please differed from the prosecution case aganst him. Held: The appeal was allowed. The co-defendants admitted only finding the weapons at issue in the flat they burgled. … Continue reading Downer, Regina v: CACD 6 Jul 2009
The Claimant seeks judicial review of the dismissal of his complaint against a police officer in the Hampshire Constabulary for his failure to comply with paragraph 11.13 of Code C of the Codes of Practice, issued pursuant to section 66 of the 1984 Act, in not recording his comments after being cautioned for a suspected … Continue reading Karia, Regina (on The Application of) v The Chief Constable of Hampshire Contabulary: Admn 15 Dec 2015
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that … Continue reading Hughes v Director of Public Prosecutions: Admn 12 Oct 2009
The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. At such interview admissions are accepted as a basis for settling civil liabiity, but expressly excluding … Continue reading Regina v Sewa Singh Gill and Paramjit Singh Gill: CACD 31 Jul 2003
The claimant challenged the lawfulness of a search warrant issued by the first defendant, the Westminster Magistrates Court. Held: ‘The challenges brought by the claimant as to the warrant and Information cannot be described as technical challenges, they go to the substance of the application. The absence of the identified information serves to undermine the … Continue reading Sweeney v Westminster Magistrates Court and Another: Admn 25 Jun 2014
Citations: [2009] EWHC 958 (QB) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 22 Jurisdiction: England and Wales Cited by: Appeal from – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009 The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made … Continue reading Scopelight Ltd and Others v Chief Of Police for Northumbria and Others: QBD 7 May 2009
The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial. Held: The plea of the co-defendant should not have been admitted. The issue at this trial was as to matters on which the first trial … Continue reading Girma and Others, Regina v (Rev 1): CACD 15 May 2009
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had been obtained without the presence or availability of a lawyer in … Continue reading Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017
The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent images. Held: The warrant had been obtained without proper consideration of the question of whether any of the … Continue reading Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002
The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records, but this was refused. Held: There was no engagement of the applicants’ art 8 rights to privacy. Even if there was, the keeping of … Continue reading Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same: Admn 22 Mar 2002
The claimants had been prosecuted following authorised intrusive surveillance. They challenged the laws which prevented them from asking questions about interception, and therefore from defending themselves. The defendants said that the police had deliberately failed to record details which would demonstrate that the recordings had been from an interception rather than the surveillance. Held: The … Continue reading Knaggs v The United Kingdom: ECHR 14 Jan 2009
The defendant appealed against a refusal of a stay of the proceedings as an abuse, and the decision to admit certaiin evidence, and a refusal to issue a witness summons against an alleged informant. The defendant had been subject to an undercover investigation, which, he said officers had acted as agent provocateurs. Held: In assessing … Continue reading Regina v Stone: CACD 19 Jul 2000
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979
Evidence which had been obtained by a police trick (false shop) was admissible. It’s use was not unfair. Lord Taylor CJ said that the defendants ‘voluntarily applied themselves to the trick’. When assessing impact the court should assume that the jury was faithful to the directions of law. Judges: Lord Taylor CJ Citations: Gazette 08-Jul-1992, … Continue reading Regina v Christou; Regina v Wright: CACD 8 Jul 1992
A shop store-detective could be said to be a person charged with a duty to investigate offences. Whether he is, is a question of fact in each case, and its determination will turn on the evidence of the terms of the contract between the store detective and his employer and all the circumstances of the … Continue reading Regina v Bayliss: CACD 16 Mar 1993
The claimant said that the retention by the police of items belonging to her infringed her human rights. Judges: Plender J Citations: [2008] EWHC 654 (QB) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 22(1), European Convention on Human Rights 8, Proceeds of Crime Act 2002 340(3) Police, Human Rights Updated: 17 July 2022; … Continue reading Wiltshire Constabulary v McDonagh: QBD 8 Apr 2008
The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not warned her that she was not compellable as a witness, the statement should not … Continue reading RL v Regina (Evidence of wife): CACD 7 May 2008
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case. Held: The court discharged the injunction granted at first instance and held that … Continue reading Marcel v Commissioner of Police of the Metropolis: CA 1992
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. He then struggled to escape and was arrested. Held: The appeal succeeded. At the … Continue reading Wood v Director of Public Prosecutions: Admn 14 May 2008
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
Prosecutor’s appeal against dismissal of charge of using threatening or abusive words or behaviour. Officers stopping youths in street and searching for drugs. The defendant had challenged the admission of statements said to have been made at the scene by the defendants under Code C. After exclusion of the admissions, the prosecutor had offered no … Continue reading Director of Public Prosecutions v Lawrence: Admn 16 Jul 2007
The defendant had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants. Held: The evidence admitted was highly relevant as evidence of bad character. The section has to be applied after a fact-specific exercise. The court … Continue reading Tirnaveanu, Regina v: CACD 24 May 2007
A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007
The appeal concerns the effect of breaches of the Code of Practice in relation to identification evidence and the admissibility of certain details on a Police National Computer print-out. Judges: Jackson J Citations: [2007] EWHC 1061 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984, Criminal Justice Act 2003 117 Criminal Practice Updated: 11 … Continue reading Wellington, Regina (on the Application of) v the Director of Public Prosectuions: Admn 1 May 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his liability to snap if he had not taken medication. The defendant said … Continue reading Osbourne, Regina v: CACD 13 Mar 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 defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, and that an inference could be drawn under section 34. Under cross examination she … Continue reading Loizou, Regina v: CACD 14 Jul 2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The defendant was arrested for burglary and a non-intimate sample taken without his consent. The DNA profile matched blood at the scene of the burglary, and this match was the bedrock of the prosecution case. Before the trial, prosecuting counsel applied ex parte to withhold disclosure of certain material. The defence were notified of the … Continue reading Regina v Smith (Joe): CACD 20 Dec 2000
The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006
The defendant objected to evidence being used as evidence of bad character against him under the 2003 Act, when it would not have been admissible as similar fact evidence under the old rules. Held: Obiter dicta in O’Brien did not mean that the Act merely codified existing law.The Act made the pre-existing test obsolete. Once … Continue reading Regina v Weir, Somanathan,Yaxley-Lennon, Manister, Qiang He and De Qun He: CACD 11 Nov 2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
Where a defendant gave a sample of DNA during an investigation, but the sample was not destroyed on his acquittal, evidence obtained from a cross match relating to a different crime was not admissible. The statute requires the samples to be destroyed, and evidence based upon samples not so destroyed cannot be admitted. Judges: Swinton … Continue reading Regina v B (Attorney-General’s Reference No 3 of 1999); Regina v Weir: CACD 26 May 2000
The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers already knew that the cases contained drugs. The recorder had said that the questions were standard ones … Continue reading Regina v Dianne Senior and Samantha Senior: CA 4 Mar 2004
The defendant was convicted of fraud charges. He sought to have excluded statements made in interview on the basis that they had been obtained by oppressive behaviour by the police. His wife was very seriously ill in hospital and he had made the statement so that he could get out to see her. The police … Continue reading Regina v Mushtaq: HL 21 Apr 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
The appellant had been convicted in 1997 of robbery and false imprisonment. His case was now refererred by the Criminal Cases Review Commission. The defendant had, on advice from his solicitor refused to answer questions at the police station. The Court of Human Rights had found that the inference drawn from that silence at trial … Continue reading Beckles, Regina v: CACD 12 Nov 2004
The motorist had been stopped. He had not failed the roadside breathalyzer test, but the officer continued and arrested him. He was acquitted. The prosecutor appealed. Held: The use of the section 6 breathalyzer procedure did not exclude the officer relying on the powers contained in section 4 of the Act. Where the officer believed … Continue reading Director of Public Prosecutions v Robertson: QBD 4 Mar 2002
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
Appeal from conviction under section 4 – whether correct to admit evidence of conviction of co-accused. Citations: [2009] EWCA Crim 1944 Links: Bailii Statutes: Explosive Substances Act 1883 4, Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Crime Updated: 17 June 2022; Ref: scu.377754
