Search Results for: Police and Criminal Evidence Act 1984 22

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Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted. Held: the court accepted the magistrate’s judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law … Continue reading Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co: Admn 12 May 1999

The applicant sought judicial review of a decision to grant a search warrant in respect of his offices, saying that the material covered was protected by legal privilege. The warrant had been unavailable under section 8 because of the privilege, and so the police had applied to a circuit judge under section 9. Held: The … Continue reading Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co: Admn 12 May 1999

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege): Admn 2 Feb 1999

The police had sought disclosure from the applicant’s solicitors of records of the time at which the applicant arrived at the solicitors’ premises on a particular date and like documents. Held: Such records are not privileged because they did not relate to legal advice or the subject matter of legal advice. Records of appointments made … Continue reading Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege): Admn 2 Feb 1999

Regina v Chief Constable of the Lancashire Constabulary Ex Parte Atkinson and Another: Admn 5 Feb 1998

The giving of a caution was possible after an inadmissible confession, but wise practice required police officers to obtain an admission on tape first. Citations: Times 04-Mar-1998, [1998] EWHC Admin 145 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 Codes of Practice Code C Criminal Practice, Police Updated: 27 May 2022; Ref: scu.138266

Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997

The prosecutor appealed by case stated against dismissal of a charge of child cruelty. The defence had successfully argued against the admission of taped interviews, saying that the defendant should have been allowed an appropriate adult. Held: The magistrates should have allowed representations from the prosecutor first before disallowing the evidence. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997

Raymond Christopher Betts, John Anthony Hall v Regina: CACD 9 Feb 2001

The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of the judge’s direction as to the the conclusions to be drawn by the jury from his silence. … Continue reading Raymond Christopher Betts, John Anthony Hall v Regina: CACD 9 Feb 2001

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Regina v Manchester Stipendiary Magistrate and The Lord Advocate Ex Parte Granada Television Ltd (On Appeal From A Divisional Court Of The Queen’s Bench Division): HL 28 Oct 1999

A Scottish search warrant properly issued and which was to be executed in England could be validly endorsed by an English court for execution in England. Earlier legislation was not superseded by the Police and Criminal Evidence Act which restricted certain warrants where the material to be sought out might be protected by forms of … Continue reading Regina v Manchester Stipendiary Magistrate and The Lord Advocate Ex Parte Granada Television Ltd (On Appeal From A Divisional Court Of The Queen’s Bench Division): HL 28 Oct 1999

Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

There was to be an investigation by the SFO into allegations that some in the pharmaceutical industry were dishonestly increasing the price charged for drugs supplied to the NHS. On 27th March 2002 District Judge Nicholas Evans received written application for warrants. Held: The court considered the statutory requirements applicable to such warrants, and the … Continue reading Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

Wood v North Avon Magistrates Court: Admn 10 Nov 2009

The claimant sought to have quashed a search warrant issued by the respondent. Held: A judge issuing a warrant needs to give reasons for his decision. They need not be elaborate but they ought to be sufficient to enable the subject of the warrant to understand why the judge was satisfied that the evidence justified … Continue reading Wood v North Avon Magistrates Court: Admn 10 Nov 2009

Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings. Held: The judge was wrong to have found public policy grounds for refusing to order … Continue reading Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection of section 78 of the Act of 1984. Judges: Lord Browne-Wilkinson Citations: Independent 26-Jul-1994, … Continue reading Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Cases brought by the RSPCA under the 2006 Act were dismissed after evidence was not admitted. They now appealed. Search warrants had been obtained for one purpose but, the defendants had argued, that purpose having been satisfied, the search which continued had been unlawful, and that evidence drawn from that activity should not be admitted. … Continue reading RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely unsatisfactory tool by which to determine, in any but the clearest of cases, whether … Continue reading Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Regina v Campbell: CACD 14 Jul 1994

The judge is to give the jury a warning as to the strength and reliability of a handicapped person’s statement made in the absence of an appropriate adult, unless the case was strong without it. Citations: Times 14-Jul-1994, Ind Summary 29-Aug-1994 Statutes: Police and Criminal Evidence Act 1984 77 Jurisdiction: England and Wales Criminal Practice … Continue reading Regina v Campbell: CACD 14 Jul 1994

Regina v Shannon (Also Known As Alford): CACD 11 Oct 2000

The defendant had been enticed to commit a crime involving supply of controlled drugs by a journalist acting as an agent provocateur. Held: Entrapment is not a defence in UK law. It was open to the judge hearing the prosecution to exclude the evidence on the grounds that it was unfair, but there was no … Continue reading Regina v Shannon (Also Known As Alford): CACD 11 Oct 2000

Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he incriminate himself. The order had been made in the context of the … Continue reading Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

Dudley Metropolitan Borough Council v Debenhams Plc: QBD 16 Aug 1994

A search by Trading Standards officers was subject to the PACE codes of Practice even though it may be described as a routine inspection. The officers had an obligation to specify the power under which they acted. Citations: Times 16-Aug-1994 Statutes: Police and Criminal Evidence Act 1984 Criminal Practice Updated: 19 May 2022; Ref: scu.80156

Director of Public Prosecutions v John Kay: QBD 4 Mar 1998

The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction … Continue reading Director of Public Prosecutions v John Kay: QBD 4 Mar 1998

D v Director of Public Prosecutions: QBD 7 Aug 1998

A failure to provide an identification parade need not be fatal to prosecution where there had been sufficient informal identification of the defendant by reference to clothing and approximate age. Citations: Times 07-Aug-1998 Statutes: Police and Criminal Evidence Act 1984 Code of Practice Code D para 2.3 Criminal Evidence Updated: 19 May 2022; Ref: scu.79762

William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

The fact that a vehicle could count as ‘premises’ for the purposes of the Act, did not mean that that could or should restrict the ability of the police to impound a motor vehicle. There was no power to seize premises, but that could not imply that a moveable object was not subject to seizure. … Continue reading William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Regina v Samuel: CA 1988

The defendant had been arrested on suspicion of armed robbery. He asked for a solicitor, but one was refused under section 58 of the 1984 Act. He appealed against his conviction saying that he should have been allowed access to a solicitor. Held: The appeal was allowed. He could not be refused access to a … Continue reading Regina v Samuel: CA 1988

Regina v Liverpool Juvenile Court ex parte R: 1988

R was charged with burglary. He objected to the admission of evidence of a confession to a police officer, saying that it had been improperly obtained. Both prosecution and defence suggested the need for a voir dire, but the magistrates declined. Held: R’s request for a writ of mandamus succeeded. Once the parties accepted that … Continue reading Regina v Liverpool Juvenile Court ex parte R: 1988

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

Regina v Southampton Crown Court ex parte J and P: 21 Dec 1992

A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under section 9 of the 1984 Act allowing the police to have access to … Continue reading Regina v Southampton Crown Court ex parte J and P: 21 Dec 1992

Thompson Newspapers Ltd v Director of Investigation and Research: 1990

(Supreme Court of Canada) The court considered a claim to exercise the privilege against self-incrimination. Held: Whereas a compelled statement is evidence that would not have existed independently of the exercise of the powers of compulsion, evidence which exists independently of the compelled statements could have been found by other means and its quality does … Continue reading Thompson Newspapers Ltd v Director of Investigation and Research: 1990

Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Nolan LJ said that the phrase used in section 15(6)(b), ‘so far as is practicable,’ is imprecise and that it may well be impossible to draw a clear line between what is and what is not practicable. Judges: Nolan LJ Citations: Unreported 14 February 92 Statutes: Police and Criminal Evidence Act 1984 15(6)(b) Jurisdiction: England … Continue reading Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Regina v Crown Court ex parte Baines and Baines: 1988

The court considered special procedure material arising out of the Brinks-Mat robbery. Held: The records of the financing of a transaction for the purchase of a property were not to be subject to legal professional privilege under section 10 of the Police and Criminal Evidence Act as the conveyancing matter was wholly unconnected with litigation. … Continue reading Regina v Crown Court ex parte Baines and Baines: 1988

Director of Public Prosecutions v Kitching: 1989

The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. Citations: [1990] COD 149, [1990] CLR 394, Times 17-Nov-1989 Statutes: Criminal Justice Act 1967 … Continue reading Director of Public Prosecutions v Kitching: 1989

Castorina v Chief Constable of Surrey: CA 10 Jun 1988

Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) Did the arresting officer suspect that the person arrested was guilty of the offence? The … Continue reading Castorina v Chief Constable of Surrey: CA 10 Jun 1988

Marcel v Commissioner of Police for the Metropolis: 1990

Documents had been taken by the defendant’s officers in the course of an investigation into an alleged fraud. The plaintiff now sought their release for the use in civil proceedings so as to prevent his opponent misleading the court. Held: The claim failed. Since the police were authorised to seize, retain and use the documents … Continue reading Marcel v Commissioner of Police for the Metropolis: 1990

Lion Laboratories Ltd v Evans: CA 1985

Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that the Lion Intoximeter had faults which could have resulted in a significant number of motorists being wrongly convicted. Lion … Continue reading Lion Laboratories Ltd v Evans: CA 1985

Regina v Maidstone Crown Court ex parte Waitt: QBD 1988

The solicitor applicant challenged the grant of a search order under section 9. Held: The order was quashed. The court underlined the need for judges to be scrupulous in discharging their responsibilities so as to ensure that use of the procedures, which constitute a serious inroad upon the liberty of the subject, are not abused. … Continue reading Regina v Maidstone Crown Court ex parte Waitt: QBD 1988

Regina v Leeds Crown Court ex parte Switalski: 1991

It is preferable, in an ordinary case, for an application for a search warrant in a solicitor’s office to be made on notice. However, if a solicitor under investigation were to have knowledge of what was contemplated the material sought might disappear or be tampered with before it could be seen by the investigator, a … Continue reading Regina v Leeds Crown Court ex parte Switalski: 1991

Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

Criminal charges against the officers had been stayed. They subsequently faced disciplinary proceedings. Held: An acquittal is a finding or determination that a defendant is not guilty of an offence. A stay does not involve such a finding. Section 104 refers to acquittal. The legislative intention was to refer to the case where there had … Continue reading Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

NTL Group Limited v Ipswich Crown Court: QBD 22 Jul 2002

The applicant operated an e-mail system. E-mails would normally be deleted after being read. The police sought an order under the 1984 Act for certain emails to be retained in connection with an investigation. The applicant argued that this would put them in conflict with the 2000 Act, by requiring them to intercept the e-mails. … Continue reading NTL Group Limited v Ipswich Crown Court: QBD 22 Jul 2002

Regina v Leicester Crown Court ex parte DPP: 1987

The police had applied for an order granting access to an accused’s bank account. The Judge ruled that the application should be made inter partes. The Director of Public Prosecutions sought judicial review of that ruling. By the time the case came on for hearing the accused had been convicted, so the ruling could have … Continue reading Regina v Leicester Crown Court ex parte DPP: 1987

Regina v Sanghera: CA 26 Oct 2000

The search of a victim’s premises which continued after evidence had come to light suggesting the victim might be a suspect was in breach of the codes of practice where it continued without the consent of the occupier. Evidence which was derived from that continued search was unlawful. Nevertheless, it was fair to admit the … Continue reading Regina v Sanghera: CA 26 Oct 2000

Dhesi v Chief Constable of West Midlands Police: CA 9 May 2000

Where a person was arrested and the duty arose for him to be told of the reason for his arrest, that duty could be satisfied by a different officer than the one who actually performed the arrest. The purpose of the section was to protect the person arrested by letting him know why he was … Continue reading Dhesi v Chief Constable of West Midlands Police: CA 9 May 2000

Regina v Robertson and Golder: CACD 1987

The court considered the words ‘any issue in those proceedings’ as contained in the section. Held: The provision should be used only sparingly. Citations: (1987) 85 Cr App R 304 Statutes: Police and Criminal Evidence Act 1984 74(1) Cited by: Cited – Regina v Shanks CACD 19-Mar-2003 The appellant appealed his conviction for murder. He … Continue reading Regina v Robertson and Golder: CACD 1987

Chapman v Director of Public Prosecutions: CA 1989

The section required a constable to have reasonable grounds for suspecting that an arrestable offence had been committed before he could arrest without warrant. Held: Bingham LJ said: ‘It is not of course to be expected that a police constable in the heat of an emergency, or while in hot pursuit of a suspected criminal, … Continue reading Chapman v Director of Public Prosecutions: CA 1989

Regina v Cochrane: CACD 4 Jun 1992

A building society had credited the defendant with more than was due by error. A series of withdrawals were made before the error was discovered. The defendant appealed saying the judge had been wrong to have admitted computer print outs. Held: The appeal was allowed. The prosecution said that the entry of the pin number … Continue reading Regina v Cochrane: CACD 4 Jun 1992

Regina v Park: CACD 1994

The defendant had been stopped by police officers whilst driving a car which contained property stolen in burglaries. The question arose whether a statement was a confession. Held: The court applied the interpretation of section 82(1) suggested in Sat-Bhambra. Kennedy LJ said: ‘In the current edition of Archbold (1993) at paragraph 15-293, dealing with this … Continue reading Regina v Park: CACD 1994

Regina v Kempster: CACD 1990

Staughton LJ discussed the admission against a defendant of the fact of a co-defendant’s conviction: ‘On the more general question whether, if objection had been taken under section 78, the evidence should have been excluded, we have paid particular attention to the observation in Curry [(unreported, April 28, 1998, CA)], ‘where the evidence expressly or … Continue reading Regina v Kempster: CACD 1990

Regina v Marcus: CACD 23 Nov 2004

The defendant appealed his conviction saying that the video identification procedures used had been unfair. He was alleged to have carried out robberies at knife point of people who had just visited cash machines. The defendant had been given the opportunity to select other faces from a database 19,000 images, but only one had the … Continue reading Regina v Marcus: CACD 23 Nov 2004

Sattin v National Union Bank Ltd: CA 21 Feb 1978

The plaintiff sought damages from the loss of a diamond deposited with the defendant bank as security. He asked to present evidence about the experience of another customer who had lost jewellery he had deposited with it. Held: The proposed evidence was admissible. (Lawton LJ) If a defendant in this class of case said ‘My … Continue reading Sattin v National Union Bank Ltd: CA 21 Feb 1978

Thorpe v Chief Constable of Greater Manchester Police: CA 1989

The plaintiff was arrested at a demonstration, charged with obstructing the highway and convicted before the magistrates. His conviction was quashed by the Crown Court on appeal. He sued for assault, unlawful arrest, false imprisonment and malicious prosecution. He sought discovery of documents showing any convictions of or adverse disciplinary findings against the police witnesses. … Continue reading Thorpe v Chief Constable of Greater Manchester Police: CA 1989

Regina v Robb: CACD 1991

The evidence of an expert to prove identification by voice was admissible. Also voice recognition evidence given by a phonetician was admissible as expert evidence; and that evidence of police officers who listened to disputed tapes and recognised the voice of the person speaking was admissible as factual evidence, subect to section 78 considerations.Bingham LJ … Continue reading Regina v Robb: CACD 1991

Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

Sir Stephen Brown P gave judgment in a case in which the police sought permission, which was granted, to administer cautions to two wards of court. Held: He said: ‘There is, therefore, no difficulty over the granting of leave in these two cases. However, the occasion has prompted the Commissioner to seek clarification of the … Continue reading Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

Ghulam Yasim v Secretary of State for the Home Department: CA 1996

The court rejected a submission that, in a civil claim, sections 76 to 78 PACE precluded reliance altogether upon any evidence by an interview undertaken without a prior caution. Those exclusionary provisions were confined, the Court made clear, to criminal proceedings. However: ‘1. Were the court to be satisfied that answers had been obtained by … Continue reading Ghulam Yasim v Secretary of State for the Home Department: CA 1996

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Regina v Governor of Brixton Prison and Another, Ex Parte Levin: QBD 11 Mar 1996

Extradition proceedings are criminal proceedings so as to allow the admission of computer printout under criminal procedures. Citations: Times 11-Mar-1996 Statutes: Police and Criminal Evidence Act 1984$ 69 Jurisdiction: England and Wales Cited by: Appeal from – In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin HL 10-Apr-1997 The applicant had been … Continue reading Regina v Governor of Brixton Prison and Another, Ex Parte Levin: QBD 11 Mar 1996

Director of Public Prosecutions v Santa-Bermudez: Admn 13 Nov 2003

The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle. She had asked him if he had any sharps on him and he had denied … Continue reading Director of Public Prosecutions v Santa-Bermudez: Admn 13 Nov 2003

Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

A police officer searched premises under a warrant seizing documents of a trust corporation managed by the occupier. The trustees sought return of the documents or, alternatively, copies of them. The police believed that the documents were evidence of a widespread fraud and that the documents were crucial to their investigations and that the investigation … Continue reading Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

Regina v Fuller: 1987

The court considered what might be oppressive behaviour by an investigating officer. Held: ‘oppression’ must be given its ordinary dictionary meaning of ‘the exercise of power or authority in a burdensome, harsh, or wrongful manner, the unjust or cruel treatment of subjects, inferiors etc. or the imposition of unreasonable or unjust burdens. ‘Oppression’ in the … Continue reading Regina v Fuller: 1987

Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009

The claimant accountant sought the quashing of a search warrant granted by the respondent to the police. Held: The warrant failed to comply with s. 15(6)(b) of PACE and was invalid. Citations: [2009] EWHC 1512 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 Jurisdiction: England and Wales Cited by: Cited – Global … Continue reading Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009

C, Regina (on the Application of) v ‘A’ Magistrates’ Court: Admn 26 Sep 2006

Complaint was made about the slipshod completion of applications for search warrants. The nature of the review of compliance with Section 24(4) was to be that appropriate to Section 24(6). Underhill J held: ’26. The terms of s-s. (5) are new and there is no authority on their effect. The previous s. 24 (6) provided … Continue reading C, Regina (on the Application of) v ‘A’ Magistrates’ Court: Admn 26 Sep 2006

Regina v Lewes Crown Court ex parte Hill: 1991

Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a public interest in protecting the personal and property rights of citizens against infringement and … Continue reading Regina v Lewes Crown Court ex parte Hill: 1991

Regina v Minors, Regina v Harper: CACD 14 Dec 1988

In each case, the prosecution had produced a computer record to the court as evidence. The record was a computer print out. They challenged their convictions. Held: To admit such evidence, the court had to see compliance with both sections. There should if necessary, be a trial within a trial first, to decide whether the … Continue reading Regina v Minors, Regina v Harper: CACD 14 Dec 1988

Regina v Hughes: CACD 12 Nov 1993

The forcing of an object from the mouth of a detainee was a breach of the PACE codes but did amount to an an intimate search. An ‘Intimate body search’ requires a physical examination, not mere visual inspection. Citations: Gazette 08-Dec-1993, Ind Summary 29-Nov-1993, Times 12-Nov-1993 Statutes: Police and Criminal Evidence Act 1984 18(1) Jurisdiction: … Continue reading Regina v Hughes: CACD 12 Nov 1993

Regina v King’s Lynn Justices, Ex parte Holland: QBD 1993

Section 78 is properly applied in committal proceedings. Examining justices could exclude the evidence from their consideration only if satisfied that its admission at the trial would be so obviously unfair to the proceedings that no judge properly directing himself could admit it. Even in such a case it would generally be far better to … Continue reading Regina v King’s Lynn Justices, Ex parte Holland: QBD 1993

LT, Regina v: CACD 31 Jan 2019

The judge had excluded identification evidence after the witness was said to have seen a photograph of the defendant on social media before the identification. Held: The appeal succeeded. Judges: Simon LJ, McGowan J, Judge Burbidge QC Citations: [2019] EWCA Crim 58, [2019] WLR(D) 79 Links: Bailii, WLRD Statutes: Police and Criminal Evidence Act 1984 … Continue reading LT, Regina v: CACD 31 Jan 2019

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

The claimants claimed that the defendant had relied upon transcripts of intercepted telephone calls in order to obtain production orders against third parties. They said that the transcripts had been selected for use, making the orders unlawful. Held: The claim failed. A failure to make necessary disclosure would undermine an order or warrant, but not … Continue reading Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

Elsakhawy (Immigration Officers: Pace) Egypt: UTIAC 30 Jan 2018

1. The respondent’s instructions and guidance to immigration officers correctly reflect the operation of sections 66 and 67 of the Police and Criminal Evidence Act 1984 (PACE) and of the Immigration (PACE Codes of Practice) Direction 2013, in drawing a distinction between administrative enquiries and formal criminal enquiries. The fact that immigration officers have powers … Continue reading Elsakhawy (Immigration Officers: Pace) Egypt: UTIAC 30 Jan 2018

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

River East Supplies Ltd, Regina (on The Application of) v Crown Court At Nottingham: Admn 28 Jul 2017

Privilege against self incrimination and application for production order by foreign state Judges: Simon LJ, Sir Kenneth Parker Citations: [2017] EWHC 1942 (Admin), [2017] WLR(D) 528, [2017] 2 Cr App R 27, [2017] 4 WLR 135, [2017] Lloyd’s Rep FC 482 Links: Bailii, WLRD Statutes: Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales … Continue reading River East Supplies Ltd, Regina (on The Application of) v Crown Court At Nottingham: Admn 28 Jul 2017

Regina v Chief Constable of the Lancashire Constabulary ex parte Parker: Admn 2 Jan 1993

There was a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in subparagraph (b). That information was contained in a separate schedule. The court rejected the submission that … Continue reading Regina v Chief Constable of the Lancashire Constabulary ex parte Parker: Admn 2 Jan 1993