Search Results for: Criminal Justice Act 1988

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Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005

The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had certified that the defendant was a head of State but the A-G … Continue reading Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005

Goodyear, Karl, Regina v: CACD 19 Apr 2005

The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison sentence suspended for two years. Held: It was time to move on … Continue reading Goodyear, Karl, Regina v: CACD 19 Apr 2005

Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice. Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive legitimate expectation, saying: ‘Authority shows that where a substantive expectation is to run the promise or practice … Continue reading Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

Regina v Leonard Gibson: CACD 23 Feb 2000

Where a defendant was accused in relation to the acquisition of assets by criminal conduct, the onus was not on the prosecution to disprove the defendant’s assertions about how the assets had been acquired, but rather it was for the defendant to establish on a balance of probabilities that the defence applied.Where a defendant was … Continue reading Regina v Leonard Gibson: CACD 23 Feb 2000

Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007

The newspaper and other media companies appealed from an order restricting the reporting of parts of the evidence given in a trial for an offence under the 1989 Act. The objected that the order did not serve, as required, to protect any proceedings, and that it should not be a permanent ban. Held: The order … Continue reading Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007

Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994

The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his … Continue reading Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994

Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

Allen v The United Kingdom [GC]: ECHR 12 Jul 2013

Article 6-2 Presumption of innocence Refusal of compensation following reversal of applicant’s conviction of criminal offence: no violation Facts – In September 2000 the applicant was convicted of the manslaughter of her baby son on the basis of medical evidence that the boy’s injuries were consistent with ‘shaken baby syndrome’ (also known as ‘non-accidental head … Continue reading Allen v The United Kingdom [GC]: ECHR 12 Jul 2013

Brooks v Director of Public Prosecutions: Admn 6 Mar 2015

Appeal by case stated against a decision of the Justices to convict the appellant of the offence of battery contrary to section 39 of the Criminal Justice Act 1988. The question for the opinion of this court was: 1. ‘Did we apply the correct test in law when we considered whether the prosecution has proved … Continue reading Brooks v Director of Public Prosecutions: Admn 6 Mar 2015

Harriot v Director of Public Prosecutions: Admn 4 May 2005

The defendant appealed by case stated against his conviction under the 1988 Act of possessing a bladed article in a public place. He had been found in the forecourt of a hostel by the police seeking to re-enter after being excluded. He said that it was not a public place. Held: The appeal succeeded. Sedley … Continue reading Harriot v Director of Public Prosecutions: Admn 4 May 2005

Redding, Regina v: CACD 29 Sep 2021

Application by Her Majesty’s Attorney General pursuant to s.36 of the Criminal Justice Act 1988 for leave to refer a sentence to this court upon the ground that she regards it as unduly lenient. [2021] EWCA Crim 1502 Bailii England and Wales Criminal Sentencing Updated: 07 December 2021; Ref: scu.669228

Regina v Thompson: CACD 28 Sep 2021

Application by Her Majesty’s Attorney General pursuant to s.36 of the Criminal Justice Act 1988 for leave to refer the sentences imposed upon the offender for review by this court as she regards the same as unduly lenient. [2021] EWCA Crim 1513 Bailii England and Wales Criminal Sentencing Updated: 30 November 2021; Ref: scu.669229

Mckeown and Others, Regina v: CANI 12 Nov 2013

Three references by the Director of Public Prosecutions under section 36 of the Criminal Justice Act 1988 in which it is submitted that unduly lenient sentences were imposed on the respondents following convictions for riotous assembly contrary to common law. Morgan LCJ, Coghlin LJ and Horner J [2013] NICA 63 Bailii Northern Ireland Criminal Sentencing … Continue reading Mckeown and Others, Regina v: CANI 12 Nov 2013

Croke, Regina (on The Application of) v Leeds Crown Court: Admn 3 Oct 2013

Mr Croke renewed his application for permission to challenge the decision of the Crown Court to refuse to state a case following the dismissal by the court of his appeal against conviction by the Magistrates of two offences of assault by beating, battery, contrary to section 39 of the 1988 Act of two security guards … Continue reading Croke, Regina (on The Application of) v Leeds Crown Court: Admn 3 Oct 2013

Hall, Regina v (Arrorney General’s Reference No 38 of 2013): CACD 26 Jul 2013

The defendant, a prominent TV journalist had been found guilty of a series of historical assaults against young girls he met during his work. The AG now appealed against the sentence it being, he said, unduly lenient. The defendant had persisted in his virulent denials through until conviction. Held: Public denunciations of allegations can amount … Continue reading Hall, Regina v (Arrorney General’s Reference No 38 of 2013): CACD 26 Jul 2013

Lynch v Director of Public Prosecutions: Admn 8 Nov 2001

The defendant challenged a conviction for having a locked bladed article in his possession in a public place, on the basis that it placed on him a burden of proof contrary to the convention. Held: Salabiaku permits a reverse onus but requires presumptions of fact or of law to be defined within reasonable limits. As … Continue reading Lynch v Director of Public Prosecutions: Admn 8 Nov 2001

Magee, Re Judicial Review: QBNI 28 May 2013

The claimant challenged a decision taken by the Department of Justice not to re-open or reconsider an earlier decision of the Secretary of State taken in 2002 to refuse him compensation under section 133 of the 1988 Act for the compensation of people who spent time in custody following a wrongful conviction. The Department of … Continue reading Magee, Re Judicial Review: QBNI 28 May 2013

Larkfield Ltd and Others v Revenue and Customs Prosecution Office and Others: CA 12 May 2010

The defendant in criminal proceedings (M) had been found to be beneficial owner of property. The company, its registered proprietor appealed against an order declaring the property to be a realisable asset of M. The respondent had said the registration was a scheme to hide its true ownership by M. There had been evidence of … Continue reading Larkfield Ltd and Others v Revenue and Customs Prosecution Office and Others: CA 12 May 2010

Regina v Kansal (2): HL 29 Nov 2001

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

McMorris and Others, Regina v: CACD 2 Jul 2009

Three defendants were convicted of an horrendous rape. They were sentenced in accordance with the guidelines, but the Attorney-General appealed saying that the sentences were unduly lenient. Held: The judge had correctly applied the sentencing guidelines, but guidelines could not cover every circumstance. The case was horrifying, and a sentence of fourteen years (increased from … Continue reading McMorris and Others, Regina v: CACD 2 Jul 2009

Chahal v Director of Public Prosecutions: Admn 24 Feb 2010

The defendant appealed against his conviction for possession of a bladed article. He had used the knife at work and forgotten to leave it at work and had it in his pocket by accident. Held: The appeal succeeded. The defendant had been accepted as a truthful witness, and ‘In my judgment that is a broad … Continue reading Chahal v Director of Public Prosecutions: Admn 24 Feb 2010

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 20 Jan 2009

Each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. In the first case the complainant had died before trial but her statement was admitted. Held: In each case, applying Luca, the trials infringed the right to a fair trial since … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 20 Jan 2009

Eken and Another, Regina v: CACD 16 Jul 2021

Application on behalf of the Attorney General for permission to make a Reference to this Court, under section 36 of the Criminal Justice Act 1988 (‘the 1988 Act’), on the ground that the sentences imposed on the two respondent offenders were unduly lenient. [2021] EWCA Crim 1160 Bailii England and Wales Criminal Sentencing Updated: 11 … Continue reading Eken and Another, Regina v: CACD 16 Jul 2021

Squires, Regina v: CACD 14 Jun 2019

Application by Her Majesty’s Solicitor General, under section 36 of the Criminal Justice Act 1988, for leave to refer to this court sentences which he considers to be unduly lenient. [2019] EWCA Crim 1167 Bailii England and Wales Criminal Sentencing Updated: 11 November 2021; Ref: scu.639508

Regina (on the Application of Mullen) v The Secretary of State for the Home Department: CA 20 Dec 2002

The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed. Held: There was no substantial criticism of the trial itself, but the procedure under which he had been taken amounted to an abuse of process. … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: CA 20 Dec 2002

Barnaby v The Director of Public Prosecutions: Admn 6 Feb 2015

Admission of hearsay evidence The defendant appealed by case stated against his conviction for assault. He said that certain evidence, a statement from the complainaint, and a recording of the 999 call, should not have been admitted as hearsay. Held: Fulford LJ said: ‘Although the court has a cardinal responsibility to ensure that a defendant … Continue reading Barnaby v The Director of Public Prosecutions: Admn 6 Feb 2015

Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc: CACD 1 Feb 2008

An order had been made protecting the identity of a defendant who pleaded guilty to possessing indecent images of children. The order was made in the interests of his own children, although they had been neither witnesses in the proceedings against the defendant nor victims of his offence. Held: The Crown Court had no jurisdiction … Continue reading Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc: CACD 1 Feb 2008

ITN News and Others v Regina: CACD 21 May 2013

Anonymity benefits maintained The news services challenged an anonymity order made under section 46 of the 1999 Act in the course of crown court proceedings to protect an adult witness. Held: The CACD has jurisdiction to hear such an appeal by virtue of section 159 of the 1988 Act. Applying such jurisdiction, the court confirmed … Continue reading ITN News and Others v Regina: CACD 21 May 2013

Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006

The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the … Continue reading Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006

Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995

Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The claimants, whose members would have recourse to the scheme, sought an order that the Act should be … Continue reading Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995

Hughes v Regina: CACD 14 May 2009

The defendant sought leave to appeal against his sentence. The Attorney-General had already referred the sentence to the Court of Appeal which had increased the term applicable. He now sought to bring in fresh medical evidence suggesting that he should instead be subject to a hospital order. Held: The defendant had a right to appeal, … Continue reading Hughes v Regina: CACD 14 May 2009

Lamb v Revenue and Customs Prosecutions Office: CA 18 Mar 2010

The appellant challenged the appointment of a receiver in respect of property registered in his name, but said to be the realisable property of a man convicted of cheating the revenue. He said that he had funded the property, and that he had not been given appropriate opportunity to become involved in the earlier proceedings. … Continue reading Lamb v Revenue and Customs Prosecutions Office: CA 18 Mar 2010

Crown Prosecution Service v Jennings: HL 14 May 2008

The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit. Held: Though some criticisms of the Court of Appeal decision were valid, the appeal … Continue reading Crown Prosecution Service v Jennings: HL 14 May 2008

Stovell, Regina v: CACD 12 Jan 2006

The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address. Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light … Continue reading Stovell, Regina v: CACD 12 Jan 2006

O’Brien and others v Independent Assessor: HL 14 Mar 2007

The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007

Firth v Epping Magistrates Court: Admn 3 Feb 2011

The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011

Regina v Davies: CACD 1998

The court was asked whether a screwdriver fell within the prohibition of section 139(2). It was apparently an ordinary screwdriver with no sharp point, but it had what the trial judge had described as ‘blades positioned on each side of the driving . .

Richard Thompson v Regina: CACD 26 Mar 2004

References: [2004] EWCA Crim 669, Times 16-Apr-2004 Links: Bailii Coram: Lord Justice Thomas The defendant had been convicted of offences of possessing a large number of indecent images of children. Held: In such cases, the prosecution should frame the charges following the classification in R v Oliver, with a small number of representative charges out … Continue reading Richard Thompson v Regina: CACD 26 Mar 2004

McGuinness, Re Application for Judicial Review (No 2): SC 19 Feb 2020

The claimant challenged the calculation of the release date from prison after conviction of MS of the murder of her husband. The AG also argued that the proper appeal was to the Court of Appeal from Northern Ireland and not the Supreme Court. Held: The proceedings did not amount to a ‘criminal cause or matter’ … Continue reading McGuinness, Re Application for Judicial Review (No 2): SC 19 Feb 2020

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003

N Ltd and Another, Regina v: CACD 10 Jun 2008

The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent. Held: The prosecutor’s appeal succeeded. The Galbraith case did not suggest that the judge had the power he … Continue reading N Ltd and Another, Regina v: CACD 10 Jun 2008

Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978

The court considered disclosure of a legally privileged note of an interview: ‘I believe that the principle underlying the rule of practice exemplified by Burnell v British Transport Commission is that, where a party is deploying in court material which would otherwise be privileged, the opposite party and the court must have an opportunity of … Continue reading Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978

Badry v The Director of Public Prosecutions: PC 15 Nov 1982

(Mauritius) The applicant appealed three counts of contempt of court, arising from speeches made by him in the political debate. He had been a minister, but was subject to investigation for fraud. To found a appeal he had to show some blatant or significant disregard or breach of legal process, or injustice. The board do … Continue reading Badry v The Director of Public Prosecutions: PC 15 Nov 1982

Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The … Continue reading Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Regina v Coutts: HL 19 Jul 2006

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006

Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

Ahmed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 May 2006

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

Farnell, Regina v: CACD 12 Aug 2022

Judges: Lord Justice Warby Mrs Justice O’Farrell DBE Mrs Justice Cutts DBE Citations: [2022] EWCA Crim 1295 Links: Bailii Statutes: Road Traffic Act 1988 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 November 2022; Ref: scu.682441

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993

The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993

Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008

(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the administration of justice and national security. It was now accepted that the … Continue reading Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008

The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019

Two applications for judicial review, arising out of prosecutions for driving with a breath alcohol level in excess of the statutory limit, contrary to section 5(1) of the Road Traffic Act 1988 (‘the RTA’). In both cases, following the service of a defence statement, the District Judge allowed a defence application for disclosure pursuant to … Continue reading Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019

Regina v Ali: CACD 14 Nov 2003

The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. … Continue reading Regina v Ali: CACD 14 Nov 2003