Regina v Metcalf, Denton, Foster: 26 May 2021

Public Inquiry is not In the Course of Justice

(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police officers to be used before a public enquiry into the Taylor Hillsborough Disaster. They submitted that they had no case to answer since the Enquiry was not part a process or public justice.
Held: The status of the enquiry was that it was not part of public justice, and so no offence had been shown, and there was no case to answer.


Mr Justice William Davis


[2021] EW Misc 8 (CC)


Judiciary, Bailii


England and Wales


CitedRegina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
CitedGoddard and Another v Regina CACD 27-Jul-2012
In relation to a case based on inferences, Aikens LJ summarised the principles in Galbraith on a submission of no case to answer: ‘(1) in all cases where a judge is asked to consider a submission of no case to answer, the judge should apply the . .
CitedAttorney General v British Broadcasting Council HL 1981
The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt.
Held: A body, which has a judicial function, was a court, whereas if it has an administrative . .
CitedBadry 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 . .
CitedGeneral Medical Council v British Broadcasting Corporation CA 10-Jun-1998
Consideration was given to the position of the Professional Conduct Committee of the General Medical Council as constituted. The committee exercised disciplinary powers over registered medical practitioners. For the purposes of contempt of court, . .
CitedUnited States of America v Dempsey Admn 6-Jul-2018
Crime – Common law offence – Perverting course of justice – Requirements of offence – Whether committed by lying to police . .
CitedRegina v Cotter and Others CACD 10-May-2002
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so . .
Lists of cited by and citing cases may be incomplete.


Updated: 23 March 2022; Ref: scu.662803