Magistrates announced that there was no case to answer, but then agreed evidence was put before them which clearly undermined the basis of that decision. Held: It was open to the magistrates to correct their mistake immediately. The appellant’s contention was highly technical. An error had been agreed by the defendant’s solicitor and admitted by … Continue reading Steward v Director of Public Prosecutions: Admn 30 Jul 2003
The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. At such interview admissions are accepted as a basis for settling civil liabiity, but expressly excluding … Continue reading Regina v Sewa Singh Gill and Paramjit Singh Gill: CACD 31 Jul 2003
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his detention. Held: The Parole Board had a two stage decision, first as to whether … Continue reading Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010
The applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required. Held: The post tariff detention was not unlawful and therefore no action for damages lay. The clear failures of the respondent to implement … Continue reading Secretary of State for Justice v James: HL 6 May 2009
The defendant applied for leave to appeal out of time against a sentence of imprisonment for public protection. Held: Sentences must be considered as at the time they were passed and in the light of the law and guidance then prevailing. The critical test for the judge was: is there a significant risk to members … Continue reading Gilbert v Regina: CACD 1 Jun 2012
ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012
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
The defendant appealed from a sentence of 18 months minimum imprisonment for public protection after conviction for manslaughter Citations: [2010] EWCA Crim 369, [2010] Crim LR 518, [2010] 2 Cr App Rep (S) 93, [2010] 2 Cr App R (S) 93, [2010] 3 All ER 743 Links: Bailii Statutes: Criminal Justice Act 2003 225 Jurisdiction: … Continue reading Gore, Regina v: CACD 1 Mar 2010
The defendant had been convicted of a series of armed robberies. He had already been sentenced to life imprisonment and committed these offences while released on licence. He now appealed against an additional sentence of imprisonment for public protection saying it was wrong in principle to have two indeterminate sentences. Held: Maurice Kay LJ said: … Continue reading Regina v Smith, N: CACD 27 Jan 2010
In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
The prisoner, subject to a term of imprsonment for public protection, and had completed thr tariff period. He now challenged the decision of the Board not to direct his relase and or transfer to open conditions. Held: The appeal failed. The test for release from IPP mirrored the test for imposition of a sentence of … Continue reading Bayliss, Regina (On the Application of) v Parole Board: CA 22 Jul 2009
The court examined the provisions distinguishing between sentences of imprisonment for life and imprisonment for public protection (IPP) in cases involving very serious gun and drugs crimes. Held: The Avis case guidelines remained valuable, but this case involved the large scale importation and distribution of firearms and new statutory provisions. The references to indeterminate sentences … Continue reading Wilkinson and Others, Regina v, Attorney-General’s Reference No 43 of 2009: CACD 6 Oct 2009
The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009
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
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
The prisoners challenged their continued detention. They had been sentenced and had served their tariff terms but had been continued to be detained for public protection, but with no current or effective assessment of what risk was posed. Held: Such continued detention was unlawful.Laws LJ described ‘further detention’ after the expiry of the tariff period … Continue reading Wells v The Parole Board and Another; Regina (Walker) v Secretary of State for the Home Department: QBD 31 Jul 2007
The court certified a question for the Supreme Court namely: ‘Is it appropriate to impose a sentence of imprisonment for public protection upon a defendant who has been recalled upon a life sentence?’ Judges: Maurice Kay LJ Citations: [2010] EWCA Crim 530 Links: Bailii Statutes: Criminal Justice Act 2003 225(3) Jurisdiction: England and Wales Citing: … Continue reading Regina v Smith: CACD 10 Mar 2010
Judges: Lord Justice Pitchford Mr Justice Hickinbottom Hs Honour Judge Boney QC Citations: [2012] EWCA Crim 2430 Links: Bailii Statutes: Criminal Justice Act 2003 225 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 April 2022; Ref: scu.466967
The Crown was given leave to appeal what it saw to be an unduly lenient sentence of the defendant following his becoming liable to be sentenced as a repeat offender iunder the 2003 Act. The main offence was that he had threatened his partner’s life by pointing a loaded crossbow at her. The prosecution said … Continue reading Attorney General’s Reference No 87 of 2006, Regina v Daniel Peter Geddes: CACD 24 Oct 2006
The court was asked as to as to the powers of the court in relation to the minimum term that can be imposed when sentences of Imprisonment for Public Protection (IPP) are passed under the provisions of the Criminal Justice Act 2003 (CJA 2003). The issues that have in the result arisen for decision arise … Continue reading Regina v Delucca: CACD 31 Mar 2010
The Court of Appeal Criminal Division had quashed an indeterminate sentence imposed on the claimant under s.225(3) of the CJA 2003 on an appeal brought long out of time on the ground that there had been no proper basis for the original finding that the Applicant posed a significant risk of serious harm to the … Continue reading Bayliss v Parole Board of England and Wales and Another: CA 16 Dec 2014
The defendant appealed against the imposition of a life sentence with a minimum of four and a half years imprisonment through section 225. Held: A finding under section 225 would lead to adequate protection against the defendant, and the addition of a life term should be reserved for truly exceptional cases. Pre-2003 cases should not … Continue reading Regina v Kehoe: CACD 8 Apr 2008
The defendant had been found guilty of manslaughter by virtue of diminished responsibility. He had been 17, and a technically incorrect sentence of life imprisonment had been passed. There had been conflicting diagnoses of his condition between dissociative and schizoid personality disorders. Held: The sentencing judge had to ask whether he was required to impose … Continue reading Fort, Regina v: CACD 13 Dec 2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
The defendant committed a series of armed robberies whilst released on licence from a term of life imprisonment. He appealed against an additional sentence of imprisonment for public protection (IPP), saying it was wrong to have two indeterminate sentences side by side. He said that because he could not be released from that life sentence … Continue reading Regina v Smith (Nicholas): SC 20 Jul 2011
The defendant appealed against a sentence of imprisonment for public protection with a minimum of six years imposed after his convition for manslaughter. He had kiiled a neighbour. Held: The jury found provocation, and the defendant had no convictions for violence, but the judge had based his sentence on the evidence and the sentencing report. … Continue reading Brook, Regina v: CACD 14 Feb 2012
Appeal from whole life sentence on conviction of attempted rape, wounding with intent, and causing a person to engage in sexual activity without her consent. He had been deported from Australia after release from prison for murder and very serious . .
The appellant pleaded guilty to manslaughter by reason of diminished responsibility and attempted murder. He was sentenced for manslaughter to imprisonment for public protection pursuant to section 225 of the 2003 Act with a minimum term of 6 years, less time spent on remand, and for attempted murder to a similar sentence with a minimum … Continue reading Cooper, Regina v: CACD 20 Sep 2010
Appeal from sentence to a term of detention for public protection pursuant to section 225 of the Criminal Justice Act 2003 with a minimum term of 19 months, Citations: [2006] EWCA Crim 3423 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 14 October 2022; Ref: scu.259160
Two main issues on this appeal: the first whether a life sentence passed under section 225 of the Criminal Justice Act 2003 was appropriate or whether a sentence of imprisonment for public protection should have been passed; second, as to the length of the minimum term to be served. Citations: [2008] EWCA Crim 655 Links: … Continue reading Stanley, Regina v: CACD 13 Mar 2008
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
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
The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004
The plaintiffs brought a claim to recover monies appropriated by a former employee who was also facing prosecution for offences in connection with the same matters. The defendant sought a stay of the application for summary judgement. Held: The application for summary judgement should proceed. The issue of a stay to prevent civil proceedings when … Continue reading Jefferson Ltd v Bhetcha: CA 1979
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, and he disclosed his note of the attendance on the plaintiff to the defendant. The note … Continue reading Goddard v Nationwide Building Society: CA 1986
In each case the defendant had commited violent or sexual offences and were caught by the new mandatory sentencing provisions, and been made subject to life imprisonment, or detention for public protection, or an extended sentence. Held: The court set out to summarise, not restate the provisions. ‘[T]he offender must be convicted of a ‘specified … Continue reading Lang and Others, Regina v: CACD 3 Nov 2005
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985
The defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences had been on the basis that the offence of false imprisonment was an offence of violence. He … Continue reading Regina v Szczerba: CACD 6 Feb 2002
CCC (Central Criminal Court) The OffenceThe murder of Stephen Lawrence on the night of 22nd April 1993 was a terrible and evil crime. Recently the Lord Chief Justice described it as a ‘murder which scarred the conscience of the nation.’A totally innocent 18 year old youth on the threshold of a promising life was brutally … Continue reading Regina v Dobson and Norris: CCC 4 Jan 2012
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
After being awarded costs in proceedings in the US, the defendants chased the claimant for their costs in Scotland. He sought an interdict saying that the judgment had been obtained by fraud. The defendant had give an undertaking not to pursue the . .
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
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