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
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
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
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being tested for alcohol. Held: The case involved an unsupportable extension of the common … Continue reading Regina v Clark: CACD 4 Apr 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
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
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
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
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
The Secretary of State attempted, in the course of director’s disqualification proceedings, to rely upon findings made against Mr Bairstow in an earlier wrongful dismissal action to which he had been a party but the Secretary of State not. The . .
Whether law restricting early release for prisoners convicted of terrorist offences was discriminatory. . .
The claimants had been convicted of a violent rape. They appealed against an order under the 2003 Act sentencing them to detention for public protection with a minimum term of four years less time on remand. . .
Challenge to the rule change introduced by the Parole Board Rules 2019 granting a prisoner or the Secretary of State a 21-day period to apply for an administrative review of a Parole Board decision. The Appellant submits that the Reconsideration . .
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
The defendant was arrested in Tescos. On being searched he was found to have a lock knife. He had placed it in his belt and forgotten about it. He appealed conviction saying it had not been shown that he knew he still had the knife.
Held: . .
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained . .
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
The defendant appealed his conviction for carrying a bladed article in public, on the basis that the Act transferred to him the onus of establishing the statutory defence.
Held: There were four steps to be applied in assessing the case. Was . .
Challenge to variation of terms of release licence by the defendant. He argued that the power was available only to the Parole Board, and that he had not been given a chance to make representations, and that the variation was an excessive . .
If the court could only postpone confiscation proceedings in exceptional circumstances, it behoved the court before allowing such an adjournment to enquire into the justification, and to record the circumstances which made it exceptional. The . .
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 . .
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Prosecution application for leave to appeal against a terminating ruling under s.58 Criminal Justice Act 2003 . .
appeal against conviction – first, the application of the hearsay provisions in chapter 2 of Part 11 of the Criminal Justice Act 2003 (‘CJA 2003’); and secondly, the circumstances in which a Jury note may give rise to a decision to discharge them . .
Application for leave to appeal, brought by the prosecution under s. 58 of the Criminal Justice Act 2003, against a terminating ruling on decisions of no case to answer. . .
Appeal from conviction – admission of hearsay evidence – JR of refusal to state a case Judges: Peperall J Citations: [2020] EWHC 1783 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 31 December 2022; Ref: scu.652393
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
Recall of prisoners on licence Citations: [2006] EWHC 3502 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 254 255 Jurisdiction: England and Wales Prisons Updated: 20 December 2022; Ref: scu.249175
The appellant pleaded guilty to manslaughter by reason of diminished responsibility and attempted murder. He was sentenced for manslaughter to imprisonment for public protection pursuant to section 225 of the 2003 Act with a minimum term of 6 years, less time spent on remand, and for attempted murder to a similar sentence with a minimum … Continue reading Cooper, Regina v: CACD 20 Sep 2010
Issues about the admission of bad character evidence under the Criminal Justice Act 2003. Citations: [2008] EWCA Crim 1175 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Evidence Updated: 20 December 2022; Ref: scu.270454
Section 120 does not go as to admissibility David Clarke J explained the effect of the section: ‘section 120(2) is not itself a provision governing admissibility . . what the sub-section does is to regulate the use to which such evidence, once admitted, may be put. It is then admissible as evidence of the truth … Continue reading T, Regina v: CACD 13 Feb 2008
The Attorney General sought leave to refer a sentence to this Court arising from the interrelationship between the court’s power under section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000 to fix the minimum term to be served under a discretionary life sentence, and the custodial period after which prisoners serving determinate sentences … Continue reading McWilliams, Regina v: CACD 21 May 2021
The sole point raised by the appeal concerns the direction under section 240 of the Criminal Justice Act 2003. The direction was that the time served by the appellant in custody on remand after he admitted the offences to which he was sentenced should count towards his sentence, but not the time served prior to … Continue reading Vaughan, Regina v: CACD 24 Jun 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
Challenge to calculation of servable sentence term. Judges: Dobbs J Citations: [2007] EWHC 1085 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 181 244, Criminal Justice Act 1991, Criminal Justice Act 2003 (Commencement No 8 and Transitional and Savings Provisions) Order 2005 14 Jurisdiction: England and Wales Cited by: Cited – Noone, Regina (on the … Continue reading Highton, Regina (on the Application of) v Her Majesty’s Youth Offender Institute Lancaster Farms and Another: Admn 17 Apr 2007
Admissibility of bad character evidence under section 101(1)(f) of the Criminal Justice Act 2003 (‘CJA 2003’) to correct a false impression given by a defendant. Citations: [2018] EWCA Crim 2829 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 06 December 2022; Ref: scu.651738
The court considered how a judge should deal with the cross-admissibility of evidence relating to two or more counts in the same indictment and the appropriate bad character direction to be given. Judges: Latham LJ, Grigson, MacDuff J Citations: [2008] EWCA Crim 1863, [2009] 1 Cr App Rep 11, [2009] 2 All ER 18, [2009] … Continue reading Freeman, Regina v; Regina v Crawford: CACD 8 Aug 2008
Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was … Continue reading O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007
The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act. Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The fact that the original earnings were obtained by a legitimate trade did … Continue reading IK, Regina v: CACD 8 Mar 2007
The defendants appealed against their convictions for robbery. The prosecutor had introduced evidence of their previous records under section 101, with several similar convictions demonstrating propensity. Citations: [2006] EWCA Crim 2270, (2007) 171 JPN 306, (2007) 171 JP 25 Links: Bailii Statutes: Criminal Justice Act 2003 101(d) Jurisdiction: England and Wales Criminal Evidence Updated: 26 … Continue reading Tully and Another, Regina v: CACD 16 Mar 2006
Appeal from acceptance of defence submission of no case to answer. Judges: Lord Justice Fulford VP Citations: [2021] EWCA Crim 600 Links: Bailii Statutes: Criminal Justice Act 2003 58 Jurisdiction: England and Wales Crime Updated: 25 November 2022; Ref: scu.662187
Prosecution appeal by the Appellant (‘the SFO’) under s.58 and following of the Criminal Justice Act 2003 against a Ruling together with other related rulings), in which he upheld the various submissions of the Respondents that there was no case to answer in respect of the count/s of the indictment which concerned each of them. … Continue reading Varley and Others, Regina v: CACD 21 Jun 2019
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
The evidence against the defendant was that he was the holder and user of mobile telephone lines used in a kidnapping. The court used evidence of the numbers stored in other mobile phones contacted by him to show that he was part of a conspiracy. It was argued that the Act had not intended to … Continue reading Regina v Singh: CACD 23 Feb 2006
The defendant complained that on a retrial of his case, the judge had admitted bad character evidence which had not been admissible at the time of the first trial. He said at if the first trial had been conducted without error he would have been tried without such evidence. Held: The evidence was properly admitted … Continue reading Regina v Campbell (Marvin): CACD 8 May 2006
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
The court gave guidance on the status of Victim Personal Statements and Family Impact Statements Judges: Igor Judge, Baron Judge LCJ, Simon, Irwin JJ Citations: [2013] EWCA Crim 323 Links: Bailii Statutes: Criminal Justice Act 2003 143 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 November 2022; Ref: scu.472035
The court was asked whether a district judge had power under section 177 and section 205 of the 2003 Act to impose, by way of a requirement under a community order, a direction that a citizen of another country in the EU, who has been convicted of an offence, can be excluded from entering the … Continue reading Dragoman, Regina (on The Application of) v Camberwell Green Magistrates Court: Admn 20 Dec 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
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
The applicant had been released from prison on licence, but was subject to the use of an electronic tag, because his offence had been one of violence. The tag was removed and the applicant made himself scarce. His licence was revoked. His solicitors made representations about this, but his request was not to be dealt … Continue reading Ahmed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 May 2006
(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
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
Prosecution’s application for retrial. Judges: The Vice-President of the Court of Appeal (Criminal Division) Lord Justice Fulford Mr Justice Picken And Mr Justice Martin Spencer Citations: [2020] EWCA Crim 1351 Links: Bailii Statutes: Criminal Justice Act 2003 76 Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.682458
Prosecution appeal under s.58 of the Criminal Justice Act 2003, with the leave of the trial judge, against the ruling given at Newcastle upon Tyne Crown Court on 13th March 2012 that taking the prosecution case at its highest, it would not be open to the jury to convict either respondent of manslaughter. Held: It … Continue reading JM and Another, Regina v: CACD 7 Nov 2012
The defendant appealed against the extent of fine and costs awards made against him following conviction for effective demolition of a substantial victorian property within a conservation area without consent. The court had refused to believe his statements as to his assets and income, but had also refused a confiscation order. The defendant said that … Continue reading Rance v Regina: CACD 9 Oct 2012
Having been convicted in Ireland of murder and returned to England to serve the balance of his life sentence, the defendant appealed against the setting of a minimum term of 18 years. Citations: [2011] EWCA Crim 1261, [2011] 1 WLR 3166, (2011) 108(22) LSG 21 Links: Bailii Statutes: Criminal Justice Act 2003 273 Jurisdiction: England … Continue reading Hull v Regina: CACD 19 May 2011
The defendant appealed against his conviction for murder. Judges: Stanley Burnton LJ, Thirlwall J, Recorder of Preston Citations: [2012] EWCA Crim 1185 Links: Bailii Statutes: Criminal Justice Act 2003 269(2) Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.459870
The defendant applied for leave to appeal out of time against a sentence of imprisonment for public protection. Held: Sentences must be considered as at the time they were passed and in the light of the law and guidance then prevailing. The critical test for the judge was: is there a significant risk to members … Continue reading Gilbert v Regina: CACD 1 Jun 2012
################Stanley Burnton LJ concluded: ‘In our judgment, the evidence of the three incidents was evidence that was alleged to do with the evidence of the murder in question. The words of the statute are straightforward, and clearly apply to evidence of incidents alleged to have created the motive for the index offence. Indeed, where the … Continue reading Sule v Regina: CACD 23 May 2012
Application by CPS under s.58 Criminal Justice Act 2003 Citations: [2008] EWCA Crim 2186, [2009] 1 WLR 1661, [2009] 1 Cr App Rep 21 Links: Bailii Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.277116
The main point on this appeal raises the issue of whether the appellant’s bad character should have been admitted under Part 11, Chapter 1 of the Criminal Justice Act 2003 as part of the prosecution case. Judges: Simon LJ Citations: [2020] EWCA (Crim) 163 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 28 October … Continue reading Khan, Regina v: CACD 4 Feb 2020
If an offender is convicted in a magistrates’ court of a number of offences, and is sentenced by the magistrates for some of those offences but committed to the Crown Court for sentence on one or more of them, does section 161A of the Criminal Justice Act 2003 require both the magistrates’ court and the … Continue reading Cuthbertson, Regina v: CACD 16 Dec 2020
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
(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
From extended sentence Citations: [2019] EWCA Crim 2019 Links: Bailii Statutes: Criminal Justice Act 2003 226A Jurisdiction: England and Wales Criminal Sentencing Updated: 19 October 2022; Ref: scu.647024
Appeal against conviction, raising issues as to the proper application of s.100 of the Criminal Justice Act 2003: the admission of a non-defendant’s bad character. In this case, a defence witness. Judges: Lord Justice Simon Citations: [2020] EWCA Crim 137 Links: Bailii Statutes: Criminal Justice Act 2003 100 Jurisdiction: England and Wales Crime, Criminal Evidence … Continue reading Murphy, Regina v: CACD 12 Feb 2020
Appeal from sentence to a term of detention for public protection pursuant to section 225 of the Criminal Justice Act 2003 with a minimum term of 19 months, Citations: [2006] EWCA Crim 3423 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 14 October 2022; Ref: scu.259160
The Registrar referred to the court an application by the prosecution, for leave to appeal under section 58 of the Criminal Justice Act 2003 against a terminating ruling. Citations: [2020] 4 WLR 2, [2019] EWCA Crim 205 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Wokingham Borough Council v Scott and Others QBD … Continue reading Wokingham Borough Council v Scott and Others: CACD 17 Jan 2019
Application for injunction to cease alleged breaches of planning control. Judges: Karen Walden-Smith HHJ Citations: [2017] EWHC 294 (QB) Links: Bailii Statutes: Town and County Planning Act 1990 187B Jurisdiction: England and Wales Cited by: See Also – Wokingham Borough Council v Scott and Others CACD 17-Jan-2019 The Registrar referred to the court an application … Continue reading Wokingham Borough Council v Scott and Others: QBD 20 Feb 2017
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
The appellant challenged the admissibility of witness statements made by the complainant where the complainant had died before the trial. Held: The ‘counterbalancing measures’ in the 2003 Act and at the common law had not been properly applied, and in relation to count 1, the appellant did not have a fair trial and his rights … Continue reading Ibrahim, Regina v: CACD 27 Apr 2012
The claimant requested that the Crown court state a case. He had been convicted under the 1986 Act after remonstrating with the lady driver of another car. She had locked her doors and remained seated at all time. The court had refused to admit into evidence her previous convictions saying that they were irrelevant. The … Continue reading Jefferies, Regina (on The Application of) v St Albans Crown Court and Another: Admn 15 Feb 2012
Appeals against conviction raising issues as to the admission of a particular form of hearsay evidence at trial under the provisions of section 114(1)(d) of the Criminal Justice Act 2003 Citations: [2009] EWCA Crim 712 Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 05 October 2022; Ref: scu.341575
Nine otherwise unrelated cases listed together to enable the court to consider and review the amendments made by the sections 13-18 of the Criminal Justice and Immigration Act 2008 (the 2008 Act) to Chapter 5 of Part 12 of the Criminal Justice Act 2003 (the 2003 Act). Citations: [2009] Crim LR 221, [2009] 2 All … Continue reading C and Others, Regina v: CACD 26 Nov 2008
Appeal raising an issue under gateways (d) and (f) of section 101(1) of the Criminal Justice Act 2003 concerning the admission of bad character evidence. Citations: [2009] EWCA Crim 496 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 04 October 2022; Ref: scu.341577
The court considered appeals all relating to the application of legislation regarding the imposition of sentences for public protection. Held: Before imposing such a sentence, the court should consider all the alternative ways of providing protection for the public against the risks posed by the particular defendant, including combining such sentences with other provision. Alternatives … Continue reading Stannard and C and Others, Regina v; Attorney-General’s Reference (No 55 of 2008): CACD 26 Nov 2008
An application was made for the quashing of two acquittals for murder and for a retrial. Held: It would take only compelling new evidence of guilt to justify the quashing of an acquittal. The evidence of a witness who was ready to say whatever suited him could not count as such. The appeal failed. ‘Each … Continue reading G(G) and B(S), Regina v: CACD 12 Jun 2009
Two main issues on this appeal: the first whether a life sentence passed under section 225 of the Criminal Justice Act 2003 was appropriate or whether a sentence of imprisonment for public protection should have been passed; second, as to the length of the minimum term to be served. Citations: [2008] EWCA Crim 655 Links: … Continue reading Stanley, Regina v: CACD 13 Mar 2008
The prosecutor appealed against a termination ruling to the effect that the failure by the prosecutor in its disclosure obligations anounted to an abuse of process. Held: The appeal was allowed. The defendants had been charged with fraudulent importation of large quantities of Class A and Class B drugs. The proposed defence was that their … Continue reading MO, and Others v Regina: CACD 8 Dec 2011
Whether statements made by complainant to several witnesses admissible at trial of historic sex offences. Judges: Singh LJ, Whipple, Fraser JJ Citations: [2020] EWCA Crim 1363, [2020] WLR(D) 595 Links: Bailii, WLRD Statutes: Criminal Justice Act 2003 120(2) 120(4)(b) 120(7) Jurisdiction: England and Wales Criminal Evidence Updated: 01 October 2022; Ref: scu.655480
The defendant appealed from a sentence of 18 months minimum imprisonment for public protection after conviction for manslaughter Citations: [2010] EWCA Crim 369, [2010] Crim LR 518, [2010] 2 Cr App Rep (S) 93, [2010] 2 Cr App R (S) 93, [2010] 3 All ER 743 Links: Bailii Statutes: Criminal Justice Act 2003 225 Jurisdiction: … Continue reading Gore, Regina v: CACD 1 Mar 2010
The defendant appealed against an order disallowing any time already spent in custody when activating a suspended sentence. Held: The appeal succeeded. Judges: Hooper LJ, Openshaw, Sharp JJ Citations: [2011] EWCA Crim 314, [2011] 2 Cr App R (S) 66, [2011] Crim LR 495 Links: Bailii Statutes: Criminal Justice Act 2003 240 Jurisdiction: England and … Continue reading Regina v Greer: CACD 28 Jan 2011
The defendant had been subject to a curfew of twelve hours a day, and sought to have this time set off against his sentence. He said that if he had been electronically tagged, he would have been entitled to credit for this time. Held: Despite the disparity, there was no obligation to give credit in … Continue reading Regina v Barrett: CACD 4 Sep 2009
The defendant appealed against his conviction. He said that a witness could not be found and therefore did not attend the trial, but her statement had nevertheless been admitted as hearsay evidence. Held: The right of a defendant to confront a witness is fundamental to a fair trial. If he is to forego that right, … Continue reading DT, Regina v (Absent witness: Evidence): CACD 4 Jun 2009
The admissibility of business and other documents was exclusively a matter of law for the determination of the judge. Judges: Rose LJ, Stanley Burton J, Hedley J Citations: Times 07-Mar-2006 Statutes: Criminal Justice Act 2003 117 Jurisdiction: England and Wales Criminal Practice Updated: 14 September 2022; Ref: scu.240169
Citations: [2007] EWCA Crim 2923 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Crime Updated: 11 September 2022; Ref: scu.372650
The defendant had been acquitted of murder, but had later confessed to it on a number of occasions. An order was sought quashing the acquittal to allow a retrial. Held: An order was made under the 2003 Act. This was the first such application. For such an order there must be new and compelling evidence … Continue reading Regina v Dunlop: CACD 16 Jun 2006
The court gave its reasons for allowing an appeal by the defendant as to the time to be held to go towards service of his sentence of imprisonment after had had spent time before sentence subject to curfew. The sentence, imposed on 13 December 2012, was twelve months imprisonment. The judge had intended that the … Continue reading Hoggard, Regina v: CACD 20 Jun 2013
These two appeals raised issues as to the evidence or other information which a sentencing court and this court should receive and take into account when the issue of dangerousness is being considered for the purposes of imprisonment for public protection under the 2003 Act. Held: The exception allowing such evidence is strictly limited. It … Continue reading Beesley and Another, Regina v: CACD 18 Apr 2011
(Statement of Facts) Prisoners appealed saying that the imposition of a whole life tariff on their life term by the judge, so that they could only be released at the discretion of the Home Secretary, and that this was inhuman treatment. Judges: Judges Garlicki, David Thorbe Jorgivsson and Nicolaou Citations: 66069/09, [2011] ECHR 324 Links: … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 9 Feb 2011
The CPS sought leave to appeal against a terminating ruling. It had failed to produce and serve evidence on the defendant even after an adjournment for the purpose. The judge directed an acquittal and refused an adjournment to allow the CPS to consider an appeal. The CPS had failed to give notice under section 58 … Continue reading Crown Prosecution Service v C, M and H: CACD 11 Dec 2009
Challenges to sentences said to be lenient. Count 1 alleged wounding with intent, contrary to Section 18 of the Offences Against the Person Act 1861. Count 2 alleged in the alternative an offence contrary to Section 20 of the same Act, for which the offenders were sentenced to 50 weeks’ imprisonment, suspended for two years. … Continue reading Attorney General’s Reference No 119 and 120 of 2005: CACD 21 Feb 2006
The defendant had been convicted of a series of armed robberies. He had already been sentenced to life imprisonment and committed these offences while released on licence. He now appealed against an additional sentence of imprisonment for public protection saying it was wrong in principle to have two indeterminate sentences. Held: Maurice Kay LJ said: … Continue reading Regina v Smith, N: CACD 27 Jan 2010
