Regina v Emmett and Another: HL 16 Oct 1997

The defendants had been arrested as they unloaded four tons of cannabis from a boat.
Held: Their appeal against a confiscation order was allowed despite the acceptance of a statement when the acceptance had been based on a mistake of law or fact. There should be a ‘strong presumption that except by specific provision the legislature will not exclude a right of appeal as of right or with leave where such a right is ordinarily available.’ (Lord Steyn)
Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Steyn, Lord Clyde
Times 17-Nov-1997, Gazette 03-Dec-1997, [1998] 1 Cr App Rep 247, [1997] UKHL 48, [1998] AC 773, [1997] 4 All ER 737, [1997] 3 WLR 737
House of Lords, Bailii
Drug Trafficking Act 1994
England and Wales
CitedRegina v Cain HL 1985
The sentencing judge had exceeded his powers by making a criminal bankruptcy order. S40 appeared to deny a right of appeal against such an order.
Held: There is a strong presumption that except by specific provision the legislature will not . .

Cited by:
CitedJones and others v Ceredigion County Council CA 28-Jul-2005
The parties had challenged the respondent’s decision not to provide free transport to school. The judge granted certificates allowing leave to apply direct to the House of Lords on two issues, and to the Court of Appeal on one other. The House later . .
CitedMackle, Regina v SC 29-Jan-2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 September 2021; Ref: scu.135213