Application to set minimum sentence. Citations: [2006] EWHC 586 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 November 2022; Ref: scu.244003
Judges: Nicol J Citations: [2011] EWHC 1628 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 15 September 2022; Ref: scu.441511
The defendant, subject to a sentence of life imprisonment in Canada, had been transferred to the UK. The court had to determine the minimum term to be served. Held: For a similar offence in England the defendant would have been recommended for a minimum sentence of 15 years. However the Convention required the receiving country … Continue reading Khan, Decision Upon A Reference Under the Criminal Justice Act 2003: QBD 10 Nov 2006
Citations: [2005] EWHC 2421 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Prisons Updated: 25 May 2022; Ref: scu.236699
Conspiracy to convert or transfer the proceeds of drug trafficking or of criminal conduct – confiscation order available. The statutory distinction existed between the proceeds of drug trafficking and of crime generally had now been removed, but the conduct here pre-dated the new Act. The offence of conspiracy took place at the time of the … Continue reading Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed. Held: There is no rider in law to the res gestae exception disapplying the exception if better (or … Continue reading Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003
The receiver had been appointed under the 1968 Act, to manage the affairs of the defendant on his prosecution for tax fraud. She now sought a declaration as to her personal liability for tax which fell due. She had paid over some andpound;2 million to the court which she had realised. Held: A receiver was … Continue reading In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 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
The court considered an appeal where the jury had been invited to draw an inference from the defendant’s silence at interview that the defendant ‘had not had a chance to prepare his story’ as being its equivalent. Held: The court accepted the inference as proper in the circumstances. Citations: [2003] EWCA Crim 1767 Links: Bailii … Continue reading Ramadan El-Delbi, Regina v: CACD 20 Jun 2003
The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. Judges: Ward, Keene LJJ, Munby J Citations: [2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000& 85, … Continue reading Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in critical aspects, and had threatened witnesses to avoid their attendance at court. Held: … Continue reading Poole and Mills v Regina: CACD 17 Jun 2003
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, and the need for economy and efficiency required restrictions. Cases cited should be relevant … Continue reading Practice Direction on the Citation of Authorities: LCJ 9 Apr 2001
The direction gave practical guidance on the procedure for passing a mandatory life sentence under the Act Judges: Lord Woolf LCJ Citations: Times 02-Aug-2004, [2004] 1 WLR 2551 Statutes: Criminal Justice Act 2003 269 Jurisdiction: England and Wales Cited by: Cited – X, Regina v Admn 17-Feb-2005 . . Lists of cited by and citing … Continue reading Practice Direction (Crime: Mandatory life sentences) (No 2): 29 Jul 2004
The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
By this claim for judicial review, the Claimant, a prisoner returned from Thailand, challenges the decision of the Secretary of State for Justice (‘the Defendant’) of 3 April 2020 refusing to treat him as a ‘transferred life prisoner’ and accordingly declining to refer his case to the High Court, in accordance with s.273(1) of the … Continue reading Neville, Regina (on The Application of) v Secretary of State for Justice: Admn 20 Apr 2021
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
The basic rule is that anything said in open court may be reported. Withholding the name from the public during the proceedings will provide the basis for the making of an order under section 11 of the Contempt of Court Act 1981. Citations: [1985] 1 WLR 708 Statutes: Contempt of Court Act 1981 11 Jurisdiction: … Continue reading Regina v Arundel Justices, Ex parte Westminster Press Ltd: 1985
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm … Continue reading Regina v Shanks: CACD 19 Mar 2003
The defendant was convicted of burglary. He had a previous conviction, within the statutory assumption period of six years, for handling. Both the property stolen in the burglary and the property handled had been recovered intact and restored, undamaged, to the true owners. The defendant had obtained no other benefit from the offences. These two … Continue reading Wilkes, Regina v: CACD 7 Mar 2003
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 claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to purchase the records for its register of addresses. Held: The consultation had been adequate. The regulations did not create … Continue reading I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party): Admn 21 Jul 2003
The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty’s Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant’s … Continue reading Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting that the interception had taken place on the public side of the system, and therefore admission of other evidence would … Continue reading W, Regina v (Attorney General’s reference no 5 of 2002): CACD 12 Jun 2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when their losses could be minimalised. They appealed a judgment limiting the claim … Continue reading Equitable Life Assurance Society v Ernst and Young: CA 25 Jul 2003
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and other failures. Judges: Lord Justice Aldous, Lord Justice Chadwick, Mr Justice Munby Citations: Times 20-Feb-2003, … Continue reading Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003
The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his sentence and on release. The respondent decided that he should be deported under the 1971 Act, but gave … Continue reading M v the Secretary of State for the Home Department: CA 19 Feb 2003
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016
Money had been taken by the Police, but after the applicants had been acquitted, they sought it to be returned. Their action was struck out after long delays. They applied to the Magistrates who turned down the application. Held: The money should be returned ‘ . . once it is clear that the claimant is … Continue reading Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 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
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
A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder. Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown … Continue reading Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003
The claimant challenged the decision of the defendant under section 254 of the 2003 Act to recall him to custody for using cannabis in breach of the licence conditions on which he was released from prison. Judges: Silber J Citations: [2011] EWHC 977 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 254 Prisons Updated: 07 … Continue reading Jorgenson, Regina (on The Application of) v Secretary of State for Justice: Admn 15 Apr 2011
Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights. Held: Before the 1991 Act, a prisoner was entitled to release after serving the necessary part … Continue reading Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003
The prosecution appealed against the refusal of the crown court to remit the case for retrial. Held: The court had no jurisdiction to entertain an appeal against this ruling because it was not within the ambit of section 29(2) of the 1996 Act. That may be satisfactory because it seemed to be common ground that … Continue reading Regina v Van Hoogstraten: CACD 12 Dec 2003
The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there … Continue reading Regina v M (Witness Statement): CACD 20 Feb 2003
The defendant was convicted of having in his possession goods bearing a a sign identical to or likely to be mistaken for a registered trademark. A confiscation order was made, which he now appealed. Held: Under section 71, a person benefitted from the offence if he obtained property as a result of or inconnection with … Continue reading Regina v Davies (Derrick): CACD 6 Nov 2003
The Crown appealed a decision that a conviction under subsection 2 required proof that the money the disposal of which the defendant was accused to have assisted was in fact the proceeds of drug trafficking. Held: Subsections 1 and 2 were clearly differently worded. Under section 1 it was necessary to prove that the goods … Continue reading Regina v Montilla, Newbury etc: CACD 3 Nov 2003
The appellants challenged their convictions for murder. The convictions had been based substantially upon the evidence of a co-accused who had admitted his part. They now challenged the admission by way of support of the evidence of the co-defendant of medical opinion as to his reliability, where the doctor had not physically examined the witness. … Continue reading Pinfold, Mackenney v Regina: CACD 15 Dec 2003
The defendant had given no answers during his police interview, but instead his solicitor read out a full written statement of his case. At trial, he did not depart from the statement thus provided. He appealed after the judge allowed the jury to make adverse inferences from his silence, on the basis that it had … Continue reading Regina v Knight: CACD 29 Jul 2003
The defendant appealed the imposition of a consecutive sentence to follow a mandatory life sentence. He was subject to a suspended sentence when he committed the offences for which he received the life sentence, and had been given a consecutive two year sentence. Held: It is normally appropriate to make an activated suspended sentence run … Continue reading Regina v Stevens (Danny): CACD 1 Dec 2003
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece. Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very … Continue reading Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003
ECJ Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European Arrest Warrant – Reason for mandatory non-execution – Principle ne bis in idem principle – Fundamental right – when the application merits has been delivered in the State Member of issue – Meaning of ‘same acts’ – Autonomous concept – Scope. Citations: C-261/09, … Continue reading Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 2010
The defendant appealed convictions for sexual assault against four young girls. Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and can be shown to be relevant to, and probative of, a particular issue in the case, then it … Continue reading Regina v Venn: CACD 1 Feb 2003
The applicant for judicial review (D) had been convicted and sentenced for an offence under section 3 of the 2003 Act, and recommended for deportation. He sought review of the decision of the respondent not to refer his case to the Court of Appeal for reconsideration. A question had arisen as to the existence of … Continue reading Davis, Regina (on The Application of) v Criminal Cases Review Commission: QBD 2 Feb 2010
Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were … Continue reading Regina v Stocker: CACD 20 Jan 2003
The claimant sought leave to bring judicial review of the process followed on reviewing his continued detention under a sentence of detention for public protection. Judges: Burnett J Citations: [2010] EWHC 2 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 226 Prisons, Human Rights Updated: 11 August 2022; Ref: scu.392649
The prisoner had been released on licence early by mistake. The court was asked whether he was to be treated as having been unlawfuly at large. Judges: Geraldine Andrews QC Citations: [2009] EWHC 2661 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003, Prison Act 1952 49 Prisons Updated: 05 August 2022; Ref: scu.377561
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
In 1955, the deceased defendant was convicted of murder, and later hanged. The court considerd a post mortem appeal by the CRCC and her family. It was suggested that she should have been found guilty of manslaughter having been provoked by the victim. Held: There was no dispute that Mrs Ellis had taken the gun … Continue reading Ruth Ellis v Regina: CACD 8 Dec 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 defendant appealed a conviction for causing criminal damage by fire with risk to life. The evidence was that no explanation existed other than that the fire had been started deliberately. She said she had been trying to light a cigarette in bed. The fire officer suggested that the fire could not have been started … Continue reading Regina v Parker: CACD 30 Jan 2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003
The defendants appealed convictions and sentences for a long series of armed robberies. The evidence centred on the admissions of a participant, whose statement, the defendants alleged was self serving and unreliable, and in one case served a personal desire to implicate the defendant. It was said that earlier versions of his statement had not … Continue reading Regina v McCartney, Hamlett, Beddow and Hulme: CACD 16 May 2003
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of a European arrest warrant – Interpretation of the terms ‘resident’ and ‘staying’ in the executing Member State. Citations: C-66/08, [2008] EUECJ C-66/08, [2009] QB … Continue reading Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008
In view of the new categories of people may be called to jury service, the court gave amended guidelines on principles allowing excusal. The new categories might have greater responsibilities by way of public service commitments. Applications for excusal must be dealt with with common sense. Directions were also given for situations arising where jurors … Continue reading Practice Direction (Jury Service: Excusal): SC 22 Mar 2005
Each appellant had been sentenced to five years imprisonment, but then released on conditional licence after the expiry of three quartes of the sentence. They now challenged whether the extension of the licence period until sentence expiry was lawful. Judges: Lord Clarke of Stone-cum-Ebony MR, Laws, Wilson LJJ Citations: [2008] EWCA Civ 177, [2008] 3 … Continue reading Kelly and others Regina (on the Applications of) v Secretary of State for Justice: CA 12 Mar 2008
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for … Continue reading Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003
The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007
The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989
Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights. Held: The threshold of risk test which was to be applied in … Continue reading Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.‘When applying the national law, the national court that is called … Continue reading Criminal proceedings against Pupino: ECJ 16 Jun 2005
The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended … Continue reading Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003
Judges: Lord Justice Laws, Mr Justice Curtis and The Recorder Of Cardiff Citations: [2003] EWCA Crim 3228 Links: Bailii Statutes: Criminal Justice Act 1988 198(1) Jurisdiction: England and Wales Citing: Appealed to – Wang, Regina v HL 10-Feb-2005 The appellant was waiting for a train when his bag was stolen. After a search, the thief … Continue reading Regina v Cheong Wang: CACD 10 Dec 2003
The claimant was the wife of an offender sentenced for drug trafficking. An order was made for confiscation of the proceeds of the trafficking. She sought a certificate of inadequacy. Held: Where she ws not in a position to pay the sum ordered she was entitled to a certificate. The judge had not appreciated that … Continue reading In re May Yoong Forwell, Drug Trafficking Offences Act 1986: CA 12 Nov 2003
The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by the courts in dealing with his challenge. The Court said: ‘the applicant … Continue reading Ganci v Italie: ECHR 30 Oct 2003
The appellant had been convicted of VAT fraud. His company collected sums for charity but hid substantial receipts. He appealed his sentence on the grounds of disparity with his co-defendants. The fraud was substantial and organised. Held: The sentence on this defendant was not disproportionate (applying the test in Fawcett). Indeed, the problem was not … Continue reading Young v Regina: CACD 4 Dec 2003
The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004
The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by … Continue reading Laws and others v The Society of Lloyd’s: CA 19 Dec 2003
The magistrates had been taking a deposition, and ordered police officers to be excluded from court. Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this … Continue reading Regina (Crown Prosecution Service, Greater Manchester) v Bolton Justices: QBD 31 Oct 2003
The defendant appealed conviction on three counts of conspiracy to launder money. The prosecution said that he and his co-accused engaged in money laundering between June 1999 and March 2000. Each count alleged that he and his co-conspirators engaged in transactions which were prohibited by section 49(2)(b) of the Drug Trafficking Act 1994 and section … Continue reading Regina v Gulbir Rana Singh: CACD 18 Dec 2003
The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence. Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which … Continue reading Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher. Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court could direct a jury to convict. Despite the possible defects in the direction, … Continue reading Kelleher, Regina v: CACD 20 Nov 2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003
The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003
Citations: [2003] EWHC 2453 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Practice Updated: 08 June 2022; Ref: scu.187620
Citations: [2003] EWHC 2454 (Admin) Links: Bailii Statutes: Criminal Justice Act 1988 39 Jurisdiction: England and Wales Crime Updated: 08 June 2022; Ref: scu.187616
The defendant appealed against a confiscation order. He had used a company to defraud suppliers on the continent of substantial sums. He said that his involvement in the conspiracy was only toward the later end and that he had received no benefit in fact. Held: The court may often be entitled to make robust inferences … Continue reading Olubitan v Regina: CACD 7 Nov 2003
The appellant had been convicted of false accounting in the making of false claims for payment for prescriptions, submitting forms which said that the patient was over 60 when she knew they were not. She said she filled the forms in mechanically. Held: The judge was correct. Counsel was wrong to concentrate on the mens … Continue reading Atkinson v Regina: CACD 7 Nov 2003
The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply its regulations in replacement of any earlier legislation. The 1974 Act, it said was therefore … Continue reading Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003
The appellant appealed against his conviction for having a bladed article in a public place. Police called at his home, and the ensuing struggle came out into the garden where he was arrested. He was later found to have the knife in his pocket. Held: The judge was wrong to treat the garden as a … Continue reading Regina v Roberts: CACD 20 Oct 2003
The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and Testing Order (DTTO) despite a report that he was a … Continue reading Regina v Belli: CACD 20 Oct 2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003
The applicants were prisoners subject to disciplinary proceedings. The offences were equivalent to criminal charges in domestic law. They were refused legal assistance, and had additional terms added to their sentences. Held: The charges engaged the defendants article 6 rights. The need for prison discipline was not a justification for removing such rights. The offences … Continue reading Ezeh and Connors v The United Kingdom: ECHR 9 Oct 2003
The claimant had been engaged with his solicitor in a fraudulent land transaction. He now sought to sue the solicitor for negligence. The solicitor replied that the claimant was unable to rely upon his own unlawful act to make a claim. Held: Although the claimant’s fraud on the bank was a ‘but for’ cause of … Continue reading Sweetman v Nathan and others: CA 25 Jul 2003
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003
The CPS appealed against dismissal of their case by the Crown Court after no representative had appeared at court to present the case. Counsel had two cases, and had asked this to be held pending completion of the other which then overran. Counsel knew of the conflict but had not requested a ‘not before’ listing. … Continue reading Crown Prosecution Service, Regina (on the Application of) v Portsmouth Crown Court: Admn 1 May 2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The claimant had made complaints against the defendant solicitor to the Office for the Supervision of Solicitors. In answer the defendant made assertions about the claimant’s mental health, and she now sought to bring action iin defamation on those statements. The defendant said the statements were protected by absolute privilege. Held: Given the status and … Continue reading Gray v Avadis: QBD 30 Jul 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003
PC (Belize) A witness identified the accused only making the link between the man he knew as R and the accused as the result of an improper leading question by prosecuting counsel. There had been no identification parade as required under Belize law and the judge should have ‘warn[ed] the jury of the dangers of … Continue reading Aurelio Pop v The Queen: PC 22 May 2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
The defendant appealed several sentences totalling 30 months, noted as being made under the 2000 Act. Some offences had been committed for sentence under section four, and some under section 6. Held: Section four allowed committal for sentence only with other cases committed for trial. That did not apply here. However, applying Folkestone Justices, the … Continue reading Regina v Whitehead: CACD 8 May 2003
The defendant appealed his sentence of life imprisonment for assault and attempted rape, with a minimum of twelve years to be served. The trial judge was right in deciding that, because of the risk that the appellant presented to women, a discretionary life sentence was appropriate. It was argued for him that, in view of … Continue reading Wright v Her Majesty’s Advocate: HCJ 2 May 2003