Search Results for: Criminal Justice Act 2003 21

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Stannard and C and Others, Regina v; Attorney-General’s Reference (No 55 of 2008): CACD 26 Nov 2008

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

Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001

The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication. Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be … Continue reading Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

DT, Regina v (Absent witness: Evidence): CACD 4 Jun 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

P, Regina v; Regina v Blackburn: CACD 22 Oct 2007

Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

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

Regina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999): HL 19 Dec 2000

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

Attorney General’s Reference No 7 of 2011: CACD 7 Mar 2011

The court was asked how the judge should approach offences committed under the Sexual Offences Act 1956 in the context of the Definitive Guidelines under the Sexual Offences Act 2003. It raises the important point as to how the judge should approach the totality where there has, over a considerable period, been a variety of … Continue reading Attorney General’s Reference No 7 of 2011: CACD 7 Mar 2011

Beesley and Another, Regina v: CACD 18 Apr 2011

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

Belhaj and Another v Straw and Others: SC 17 Jan 2017

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

Hutchinson v Newbury Magistrates Court: QBD 9 Oct 2000

The appellant’s conviction for criminal damage to a fence at the Atomic Weapons Establishment at Aldermaston was upheld by the Crown Court; and she appealed by way of case stated to the Divisional Court, maintaining that she had acted in order to halt the production of Trident nuclear warheads at Aldermaston. The threat or use … Continue reading Hutchinson v Newbury Magistrates Court: QBD 9 Oct 2000

Regina v Watts: CACD 23 Jul 2010

The defendant, with no previous convictions appealed against conviction for sexual assaults on vulnerable women at the care home at which he worked. He said that the evidence was so weak that it should not have been left for the jury. Special procedures under the 1999 Act had been used for the complainants to give … Continue reading Regina v Watts: CACD 23 Jul 2010

McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010

A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4). Judges: Judge Milwyn Jarman QC Citations: [2010] EWHC 1557 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4) Citing: Applied – Benson, Regina (on the Application of) v … Continue reading McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010

Thakrar and Another v Regina: CACD 5 Jul 2010

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

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010

The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems … Continue reading Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

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

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008

The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law. Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review. Judges: Lord Justice Latham, Mr Justice … Continue reading F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008

Girma and Others, Regina v (Rev 1): CACD 15 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

Regina v Bonellie; Regina v Hughes,; Regina v Miller: CACD 17 Jun 2008

The defendants appealed against the minimum term set for murder, with minimum tariffs calculated having started at 30 years. The terms had been set on the basis that the murder had been sadistic. Held: The appeals were successful. The deceased had been systematically attacked, tormented and finally beaten to death. To count as sadistic under … Continue reading Regina v Bonellie; Regina v Hughes,; Regina v Miller: CACD 17 Jun 2008

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Bayliss, Regina (on the Application of) v the Parole Board and Another: Admn 13 Nov 2008

The prisoner who had been made subject to an Imprisonment for Public Protection order had completed his tariff, and now challenged the decision of the respondent Board to order neither his release nor a transfer to an open prison. Held: The appeal failed. Judges: Cranston J Citations: [2008] EWHC 3127 (Admin) Links: Bailii Statutes: Criminal … Continue reading Bayliss, Regina (on the Application of) v the Parole Board and Another: Admn 13 Nov 2008

Crees, Regina v: CACD 24 Oct 2007

The defendant had been convicted of several offences involing serious assaults. He now appealed against a sentence to imprisonment for public protection. Judges: Latham L, Burton, Teare JJ Citations: [2007] EWCA Crim 2650, [2007] All ER (D) 376 Links: Bailii Statutes: Criminal Justice Act 2003 225 Citing: Cited – O’Brien, Harris, Moss, Llewellyn and others … Continue reading Crees, Regina v: CACD 24 Oct 2007

Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008

The prisoner disputed the calculation of the date when she would become entitled to consideration for early release under a Home Detention Curfew. The Secretary of State appealed against a decision that his policy guidance was unlawful. Held: The appeal succeeded. Where several offences were imposed at the same time, those sentences under one year … Continue reading Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008

Gercans v The Government of Latvia: Admn 27 Feb 2008

The court was asked whether there was jurisdiction in High court to hear an appeal under section 26(4) against extradition order. Citations: [2008] EWHC 884 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Citing: Applied – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007 The court considered whether it had jurisdiction to apply … Continue reading Gercans v The Government of Latvia: Admn 27 Feb 2008

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008

The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the Secretary in a position of apparent influence over the approach of the Parole Board in its curial … Continue reading Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008

Saber v Secretary of State for the Home Department: HL 12 Dec 2007

The applicant sought asylum, saying that it would be unsafe to order his return. The issue before the House was as to when the need for protection should be assesed where, as here, there had been a series of appeals over time. Held: The appeal was dismissed. ‘Common sense indicates that the final decision, whenever … Continue reading Saber v Secretary of State for the Home Department: HL 12 Dec 2007

Mucelli v Albania and Another: Admn 15 Nov 2007

Citations: [2007] EWHC 2632 (Admin) Links: Bailii Statutes: Extradition Act 2003 Cited by: Appeal from – 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 … Continue reading Mucelli v Albania and Another: Admn 15 Nov 2007

British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007

Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised. Held: … Continue reading British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007

Musone v Regina: CACD 23 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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007

The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007

Suchedina v Regina; similar: CACD 27 Oct 2006

Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired. Held: Saik now meant that the requirement was for actual suspicion, not mere reasonable cause for suspicion. However in this … Continue reading Suchedina v Regina; similar: CACD 27 Oct 2006

Richards, Regina v: CACD 27 Oct 2006

The defendant appealed the imposition of a sexual offences prevention order under section 66, saying that it did not comply with sections 224 to 227 of the CJA 2003. If the judge had thought there was a serious risk of harm and extended sentence would have been imposd. Held: Sexual prevention orders were not subject … Continue reading Richards, Regina v: CACD 27 Oct 2006

Regina v Boyle and Another: CACD 25 Aug 2006

The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences to be drawn. Held: The appeals failed. Whilst the direction on s34 was defective, it had in fact steered the jury away from drawing adverse inferences, and if properly … Continue reading Regina v Boyle and Another: CACD 25 Aug 2006

Regina v Swindon; Regina v Peart; Attorney-General’s Reference (Nos 108 and 109 of 2005): CACD 16 Feb 2006

The Attorney General appealed unduly lenient minimum terms set for the defendants who had been convicted of an exceptionally violent murder. Held: The terms would be increased. The starting point was 30 years for such an offence. The fact that there was no sexual element in the sadistic acts did not prevent the acts being … Continue reading Regina v Swindon; Regina v Peart; Attorney-General’s Reference (Nos 108 and 109 of 2005): CACD 16 Feb 2006

Von Der Pahlen v Government of Austria: Admn 27 Jun 2006

The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) is not obscure and, in my judgment, it should be given its plain and ordinary meaning. The sub-section requires the warrant to obtain particulars of the circumstances in which … Continue reading Von Der Pahlen v Government of Austria: Admn 27 Jun 2006

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 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

Re Allitt: QBD 6 Dec 2007

Determination of length of tie to be served after conviction for murder (4 counts) and life sentence imposed, but no minimum term imposed. Judges: Stanley Burnton J Citations: [2007] EWHC 2845 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 July 2022; Ref: scu.262118

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

Whitehouse v Jordan: HL 17 Dec 1980

The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour. Held: In this case most of the evidence at issue was that of expert witnesses, and the court might therefore be more … Continue reading Whitehouse v Jordan: HL 17 Dec 1980

Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

W, Regina (on the Application of) v Camberwell Youth Court and Another: Admn 10 Sep 2004

The defendant sought a Judicial review of the magistrates’ decision to adjourn case at request of prosecutor. The prosecutor had failed to comply with its disclosure obligations, and de-warned its witnesses before the date fixed for trial. Held: The justices’ decision had been lawful. The defendant was unable to establish any prejudice to him in … Continue reading W, Regina (on the Application of) v Camberwell Youth Court and Another: Admn 10 Sep 2004

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

Sekhon, etc v Regina: CACD 16 Dec 2002

The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002

Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof. Held: Neither the criminal standard of proof nor the level of proof set down in Addington applied. To raise the standard … Continue reading Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005

The court considered an application for leave for a second appeal. Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an important point of principle or practice’ is to an important point of principle or practice that … Continue reading Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005

Last and others v Regina; Attorney General’s Reference No 108 of 2004: CACD 25 Jan 2005

Appeals were heard on the application of new sentencing guidelines to the defendant’s cases retrospectively. They had pleaded guilty to murders, and the issues was as to the minimum terms set. Held: The judge had to set the minimum term in open court. Guidelines had now been issued to the effect that if a whole … Continue reading Last and others v Regina; Attorney General’s Reference No 108 of 2004: CACD 25 Jan 2005

Bradley, Regina v: CACD 14 Jan 2005

The defendant complained that his criminal record had been placed before the jury under the Act, even though the proceedings had been begun before the commencement date. Held: The provisions of the Act were procedural in nature and therefore not subject to any rule against reprospectivity. The court criticised the drafting of the Act. Judges: … Continue reading Bradley, Regina v: CACD 14 Jan 2005

Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004

In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004

Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott: CA 20 Oct 2004

The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences. Held: The power to refer for undue leniency included the situation where the committee’s decision to acquit was inadequately founded. The purpose of section 29 was engaged … Continue reading Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott: CA 20 Oct 2004

Chester v Afshar: HL 14 Oct 2004

The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004

Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

Director of Public Prosecutions v Stonehouse: HL 1977

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

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

O’Dowd v Regina: CACD 12 May 2009

The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before. Judges: Scott Baker LJ, Rafferty DBE J, Beatson J Citations: [2009] EWCA Crim 905, [2009] 2 Cr App R 16, [2009] Crim LR … Continue reading O’Dowd v Regina: CACD 12 May 2009

Regina v Z (Prior acquittal): HL 22 Jun 2000

The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of the new charge. Held: Similar fact evidence was not inadmissible only because it … Continue reading Regina v Z (Prior acquittal): HL 22 Jun 2000

Smith, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

The applicant had, as a child been subject to detention during Her Majesty’s pleasure, the sentence being imposed before 30 November 2000. She argued that that sentence should be subject to periodic review despite the term had been fixed by the Lord Chief Justice. Held: New provisions were in place for prisoners convicted after the … Continue reading Smith, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

Makin v Attorney-General for New South Wales: PC 12 Dec 1893

The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Deans, Regina v: CACD 30 Jul 2004

In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited. Held: The evidence was not sufficiently contemporaneous to put doubt on the officers’ evidence and the … Continue reading Deans, Regina v: CACD 30 Jul 2004

Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004): CACD 29 Apr 2004

The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which could result in a reasonable court or jury determining the issue which is the subject of … Continue reading Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004): CACD 29 Apr 2004

Regina on the Application of Brooks v The Parole Board: CA 10 Feb 2004

The court had to decide the extent to which the Parole Board could rely on hearsay evidence in a case in which a discretionary life prisoner’s licence had been revoked. The evidence was crucial to the issue of risk. Held: (majority) The Board’s decision which had relied upon the hearsay evidnce was upheld. Kennedy LJ: … Continue reading Regina on the Application of Brooks v The Parole Board: CA 10 Feb 2004

Hewison v Meridian Shipping Pte, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd: CA 11 Dec 2002

The claimant was awarded damages for injuries suffered in his work as a seaman. The respondents claimed that he should not receive damages, since he had made false declarations as to his health in order to obtain employment, hiding his epilepsy condition. Held: Clunis established that the court would not support an action founded upon … Continue reading Hewison v Meridian Shipping Pte, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd: CA 11 Dec 2002

Her Majesty’s Attorney General v Punch Limited and another: HL 12 Dec 2002

A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of court. Held: The appeal failed. The purpose of the interlocutory injunction was not … Continue reading Her Majesty’s Attorney General v Punch Limited and another: HL 12 Dec 2002

Millberry, Morganian, Lackenby v Regina: CACD 9 Dec 2002

The Court gave detailed guidelines on sentencing for offences of rape, following a report from the sentencing advisory panel. Held: The court outlined the base sentences for single and multiple offences of rape, listing aggravating and mitigating factors, and dealing specifically with date rape, acquaintance rape, male rape, and anal rape. The base sentence should … Continue reading Millberry, Morganian, Lackenby v Regina: CACD 9 Dec 2002

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Nov 2004

The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review. Held: Review was granted. The availability of a right of appeal was not of itself sufficient to justify a declaration of incompatibility for a section … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Nov 2004