Search Results for: Criminal Justice Act 2003

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Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor: QBD 16 Apr 2003

The claimants were to be awarded damages for having been wrongly imprisoned for many years. The respondent was to calculate the award. They complained that he had refused to particularise the award to identify and itemise non-pecuniary loss. Held: The failure was inconsistent with the duty of transparency. Without such details, the applicants would have … Continue reading Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor: QBD 16 Apr 2003

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003

The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003

Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

JUDGMENT SUMMARY (Not part of the judgment of the Court) The judgment which is being handed down today relates to an Attorney General’s Reference and three appeals against sentence. The cases have been listed together to enable the Court to decide whether to give sentencing guidelines for the offences of causing death by dangerous driving … Continue reading Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003

A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003

Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003

The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003

Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003

The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human rights. Held: Although the offence is one of strict liability, there is … Continue reading Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003

Bertrand Roberts and Roland Roberts v The State: PC 15 Jan 2003

PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the identification evidence. However the judge’s notes had been lost, and there remained no direct evidence as to the form of any misdirection. … Continue reading Bertrand Roberts and Roland Roberts v The State: PC 15 Jan 2003

Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

Howell v Regina: CACD 17 Jan 2003

The court set down the general approach to be taken where a suspect refused to answer questions put during his interview by the police. Judges: Lord Justice Laws Mr Justice Newman Sir Richard Tucker Citations: [2003] EWCA Crim 1, [2003] Crim LR 405 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: … Continue reading Howell v Regina: CACD 17 Jan 2003

Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003

The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003

Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003

House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003

W, Regina (on the Application of) v Thetford Youth Justices and Another: Admn 25 Jun 2002

Judges: Sedley LJ, Gage J Citations: [2002] EWHC 1252 (Admin), [2003] 1 Cr App R (S) 67, [2002] Crim LR 681, 166 JP 453, (2002) 166 JP 453 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court QBD 23-Jan-2003 In … Continue reading W, Regina (on the Application of) v Thetford Youth Justices and Another: Admn 25 Jun 2002

Regina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8): CA 3 Jul 2002

A firm of accountants had agreed to provide their services as experts in a case on the basis that they would be paid by taking part of any damages awarded. The respondent claimed that such an agreement was champertous and unlawful. Held: The tort of champerty as such had been abolished, but the rule remained … Continue reading Regina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8): CA 3 Jul 2002

Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

Regina (R and Others, Minors) v Children and Family Court Advisory and Support Service; Regina (P, a Minor) v Same: QBD 17 Jan 2003

The Act established the respondent (Cafcass) with a duty to provide officers to take appointment as guardian’s in proceedings involving children. Complaint was made that they did not provide such officers immediately upon request. Held: The point applied to all situations where the Service was called upon to provide an officer. The argument advanced that … Continue reading Regina (R and Others, Minors) v Children and Family Court Advisory and Support Service; Regina (P, a Minor) v Same: QBD 17 Jan 2003

Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003

In each case, youths had been committed to the Crown Court for trial but complained that the Youth Court should have dealt with the cases, and sought judicial review of the Youth Court decision. Held: The test for a review of a decision of the Youth Court is whether that decision was wrong. The court … Continue reading Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Regina v Corby Justices ex parte Agnes Mort: Admn 9 Mar 1998

Justices clerks are permitted to question fine defaulters as to their ability to pay, but must do so under enquiry without bias, and not as a prosecutor. A warrant for arrest for non-pyment of a fine was neither civil nor criminal in character, but in a category of its own. Citations: Times 13-Mar-1998, [1998] EWHC … Continue reading Regina v Corby Justices ex parte Agnes Mort: Admn 9 Mar 1998

Regina (Sim) v Parole Board: CA 18 Dec 2003

The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003

Regina v Foggon: CACD 14 Feb 2003

The defendant appealed against a confiscation order, after conviction for cheating the public revenue. Funds had been diverted from his company to avoid payment of taxes. Held: Tax which was avoided would fall under the section and be a pecuniary advantage ‘obtained by an offender’ within the section only if he benefitted himself. This could … Continue reading Regina v Foggon: CACD 14 Feb 2003

Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

Practice Statement (Juveniles: Murder Tariffs): CACD 27 Jul 2000

Legislation is to be enacted to set the tariff for life sentences for youths to be sentenced to life for murder. Until enacted the Lord Chief Justice gave recommendations for both existing and new cases, and the Home Secretary will follow them. Before making a recommendation the Lord Chief Justice will seek representations from the … Continue reading Practice Statement (Juveniles: Murder Tariffs): CACD 27 Jul 2000

Regina v Hendon Justices ex parte Director of Public Prosecutions: QBD 1993

The court considered an application for judicial review by the DPP of a decision to acquit the defendant because the prosecutor had failed to appear for trial. Held: Dismissing the information, and acquitting the accused had been an unreasonable decision which no reasonable bench could have come to. The acquittal was a nullity and mandamus … Continue reading Regina v Hendon Justices ex parte Director of Public Prosecutions: QBD 1993

Regina v Folkestone and Hythe Justices, ex parte R: CACD 1983

The court was prepared to consider sentences on the basis that the magistrates had misrecorded the basis of the defendant’s committal to the Crown Court. Judges: Lane CJ Citations: (1983) 74 Cr App Rep 58 Jurisdiction: England and Wales Cited by: Cited – Regina v Whitehead CACD 8-May-2003 The defendant appealed several sentences totalling 30 … Continue reading Regina v Folkestone and Hythe Justices, ex parte R: CACD 1983

Re ET (Serious Injuries: Standard of Proof): FD 2003

The court heard a care application in which the baby had sustained skull, brain and other injuries alleged to be at the hands of her parents. Held: The standard of proof was the civil standard of the balance of probabilities and directed himself according to the principles in re H. ‘Although the result is much … Continue reading Re ET (Serious Injuries: Standard of Proof): FD 2003

Regina v Neal, Hood: CACD 28 Nov 2003

The defendants appealed sentence for having been involved in the large scale importation of cigarettes evading customs duty. Held: The judge had paid proper attention to Dosanjh. Having regard also to Czyzewski, the sentences were within the guidelines and the appeal was refused. Judges: Lord Justice Potter Mr Justice Cresswell Mr Justice Jack Citations: [2003] … Continue reading Regina v Neal, Hood: CACD 28 Nov 2003

Regina v Harrow Justices ex parte Director of Public Prosecutions: 1991

In order to use the power to issue a warrant of commitment, committing the defaulter to custody, the court must conduct a fair and public hearing to decide what is the appropriate order to make in all the circumstances. The power to issue the warrant is discretionary. Such a warrant is a mode of enforcement … Continue reading Regina v Harrow Justices ex parte Director of Public Prosecutions: 1991

H, Regina v: CACD 28 Feb 2003

To assist the smooth flow of court work, and in the interests of open justice counsel should, in the Criminal Division of the Court of Appeal, be ready to disclose their skeleton arguments in advance. This might not apply, for example, on applications for public interest immunity certificates, but would avoid the need for court … Continue reading H, Regina v: CACD 28 Feb 2003

Attorney General’s Reference (No 3 of 2003) (Rogan): CANI 2001

The court discussed the need to take notes of meetings in chambers between the judge and counsel. The court set out four principles to be applied: ‘1. There should be freedom of access for counsel to judges, but that does not mean freedom to discuss matters which can perfectly well be discussed in open court. … Continue reading Attorney General’s Reference (No 3 of 2003) (Rogan): CANI 2001

Christie, Young, Scott v Her Majesty’s Advocate: HCJ 26 Sep 2003

The defendants appealed against their convictions based upon a faulty indictment. The Act required the that when signing a bill of indictment, the signature should bear certain words signifying the authority of the signatory. The words used were incorrect. Held: The words used were sufficient for the purpose, and the appeals were dismissed. Judges: Lady … Continue reading Christie, Young, Scott v Her Majesty’s Advocate: HCJ 26 Sep 2003

McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003

The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003

In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

Regina v Brentford Justices Ex parte Wong: QBD 1981

The defendant had been involved in a traffic accident. Very shortly before the expiry of the six month time limit, the prosecutor issued a careless driving summons apparently in order to preserve the possibility of a prosecution without yet having made his mind up to continue. He decided to continue only three months later. The … Continue reading Regina v Brentford Justices Ex parte Wong: QBD 1981

Regina v B (K J): CACD 1 Dec 2003

s34 is ‘a notorious minefield’. Judges: Dyson LJ Citations: [2003] EWCA Crim 3080[2003] EWCA Crim 3080, Times 15-Dec-2003 Statutes: Criminal Justice and Public Order Act 1994 34 Jurisdiction: England and Wales Cited by: Cited – Beckles, Regina v CACD 12-Nov-2004 The appellant had been convicted in 1997 of robbery and false imprisonment. His case was … Continue reading Regina v B (K J): CACD 1 Dec 2003

Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition. Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity … Continue reading Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

Practice Statement (Crime: Life sentences): LCJ 31 May 2002

The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of the minimum term. The judge should say how the minimum term had been arrived at, and … Continue reading Practice Statement (Crime: Life sentences): LCJ 31 May 2002

Regina v Sutton Justices ex parte Director of Public Prosecutions: Admn 1992

Counsel was known to be on his way to court, but the magistrates dismissed the case when he was late. Held: The appeal succeeded. The magistrates should have enquired further and waited.Mann LJ said: ‘the bench should have paused for an inquiry. They should have paused for an inquiry because they knew that counsel was … Continue reading Regina v Sutton Justices ex parte Director of Public Prosecutions: Admn 1992

Regina (on the application of Marsh) v Lincoln District Magistrates’ Court: Admn 2003

The court considered the power to quash a magistrates decision for an error on the part of the prosecutor. Held: Munby J said: ‘In the first place, and as ex p Fox-Taylor and ex p A show, the jurisdiction is not confined to, although it is no doubt most frequently exemplified by, criminal cases where … Continue reading Regina (on the application of Marsh) v Lincoln District Magistrates’ Court: Admn 2003

Hutt v Commissioner of the Police of the Metropolis: CA 3 Dec 2003

The claimant had first been arrested (unlawfully) for non-payment of fines. He was chronically ill. He had later been re-arrested, again unlawfully for an alleged offence of common assault against one of the original arresting civilian officers, and then again for an alleged assault on a police officer. Held: A subsequent lawful arrest could not … Continue reading Hutt v Commissioner of the Police of the Metropolis: CA 3 Dec 2003

Oddy, Regina (on the Application of) v Bugbugs Ltd: Admn 12 Nov 2003

A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and therefore not requiring a licence under section 7. Held: It was not possible to argue … Continue reading Oddy, Regina (on the Application of) v Bugbugs Ltd: Admn 12 Nov 2003

Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

The claimant challenged the lawfulness of his detention between 15 January and 4 March 2021 (‘the unlawful detention challenge’). He was arrested on 15 January 2021 on the basis that he was unlawfully at large and returned to prison to serve the remainder of the determinate sentence imposed by Southwark Crown Court on 9 February … Continue reading Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for … Continue reading Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

Benson, Regina (on the Application of) v Secretary of State for Justice: Admn 20 Aug 2007

The claimant complained that the revocation of his home detention licence under section 255 was an infringement of his human rights. Held: There had been no deprivation of liberty.Collins J said: ‘In my judgment, having regard to the various authorities, it would be wrong for me to decide that Article 5(4) does apply in the … Continue reading Benson, Regina (on the Application of) v Secretary of State for Justice: Admn 20 Aug 2007

Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 … Continue reading Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003

The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003

Attorney General’s References (Nos 58-66 of 2002) (Regina v Warren, Coudjoe and others): CACD 2003

In the light of the further increase in firearms use, particularly in the case of drug-related crime, this court considered the case of nine offenders, members of a notorious drug-dealing gang in South-East Manchester called the Pitt Bull Crew who carried, sometimes openly, loaded firearms ostensibly for their own protection but also to enforce their … Continue reading Attorney General’s References (Nos 58-66 of 2002) (Regina v Warren, Coudjoe and others): CACD 2003

Regina v Jones and Jenkins: CACD 6 Jun 2003

The two defendants appealed against their convictions for murder. On the prosecution case it was joint enterprise; Jones’ case was that both had indeed attacked the victim, but had caused him only minor injuries and that the fatal injuries had been caused later, perhaps in a road accident; Jenkins’ case was that he had been … Continue reading Regina v Jones and Jenkins: CACD 6 Jun 2003

Mormoroc, Regina (on The Application of) v The Secretary of State for Justice: CA 17 Jul 2017

Appeal from refusal of judicial review of date set for release from prison – release on home detention curfew Judges: Gross, Lindblom, Flaux LJJ Citations: [2017] EWCA Civ 989, [2017] WLR(D) 495 Links: Bailii, WLRD Statutes: Criminal Justice Act 2003 246 Jurisdiction: England and Wales Prisons Updated: 28 March 2022; Ref: scu.591187

Regina v Giles: CACD 6 Feb 2003

Appeal from conviction of possession of bladed article on basis that no defence had been offered. Citations: [2003] EWCA Crim 1287 Links: Bailii Statutes: Criminal Justice Act 1988 139 Jurisdiction: England and Wales Crime Updated: 26 March 2022; Ref: scu.441306

Regina v Forest of Dean Justices ex parte Farley: CACD 1990

The prosecutor had charged the defendant first with drink driving so as to take advantage of the provision placing upon the defendant the burden of proving that he had taken drink after the traffic accident and before testing. It iintended then to present a charge of causing death by dangerous driving in the Crown Court … Continue reading Regina v Forest of Dean Justices ex parte Farley: CACD 1990

Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Regina v Marchant and Another: CACD 21 Jul 2003

The second defendant, a farmer, employed the first defendant, inter alia, to drive his tractor. The tractor, when fitted up was necessarily dangerous, but was licensed to be driven on the roads. There was a fatal accident on the highway. The defendants appealed from convictions for causing death by dangerous driving. Held: The Court concluded … Continue reading Regina v Marchant and Another: CACD 21 Jul 2003

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double actionability rule and that the warrant did not set out the text of the law under … Continue reading Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998

The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was released but only contacted in 1996 in relation to the outstanding … Continue reading Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

Darby v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

The solicitor appealed findings of misconduct. He had acted for a builder who complained about breaches of confidentiality and a failure to provide written information on costs. Held: The appeal was by way of a rehearing (Preiss), but should differ from the original tribunal only in a clear case. Here there was no justification for … Continue reading Darby v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

The Secretary of State for Justice v A Local Authority and Others: CA 22 Oct 2021

Appeal from a decision that care workers would not commit a criminal offence under section 39 of the 2003 Act were they to make the practical arrangements for a 27 year old man to visit a sex worker in circumstances where he has capacity (within the meaning of the 2005 Act) to consent to sexual … Continue reading The Secretary of State for Justice v A Local Authority and Others: CA 22 Oct 2021

Regina on the Application of Clift v Secretary of State for the Home Department: Admn 13 Jun 2003

The claimant had been sentenced to 18 years imprisonment. He challenged the differing treatment for parole purposes of those sentenced to more than 15 years, as infringing his human rights, insofar as the decision was retained by the Home Secretary. Held: The decision itself was clearly not irrational. As to the involvement of the Home … Continue reading Regina on the Application of Clift v Secretary of State for the Home Department: Admn 13 Jun 2003

The Coca-Cola Company and Another v Cengiz Aytacli and others: ChD 30 Jan 2003

The claimant having succeeded in an action against the defendants, now sought an order for their committal for contempt, accusing them of having given false evidence, and of having failed to comply with court orders made. The defendant asserted a right not to incriminate himself, and gave no evidence. He now claimed to have been … Continue reading The Coca-Cola Company and Another v Cengiz Aytacli and others: ChD 30 Jan 2003

MT Realisations Limited (In Liquidation) v Digital Equipment Co Limited: CA 10 Apr 2003

The company was insolvent, depending upon loans to it from its parent company. In the liquidation, it was claimed that in a scheme for the acquisition of the shares, the assumption of liability to repay a loan amounted to unlawful financial assistance in the acquisition of its shares. The claimant company appealed a striking out … Continue reading MT Realisations Limited (In Liquidation) v Digital Equipment Co Limited: CA 10 Apr 2003

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

Bucnys v Ministry of Justice: SC 20 Nov 2013

The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The court was asked whether the requests are open to challenge on the basis that (i) … Continue reading Bucnys v Ministry of Justice: SC 20 Nov 2013

Regina v Kempster: CACD 11 Dec 2003

Mantell LJ said that: ‘The judge has a discretion whether or not to grant an adjournment so as to permit fresh counsel to be instructed. The discretion has to be exercised with regard to the interests of justice in the particular case. The interests of the defendant, but also those of the prosecution, the witnesses … Continue reading Regina v Kempster: CACD 11 Dec 2003

Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008

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

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

Di Placito v Slater and others: CA 19 Dec 2003

The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003

Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died. Held: The trial took place before R -v- G which had overruled Caldwell. The standard of recklessness to be show was that laid down in Cunningham. … Continue reading Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012

The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless. Held: The case was arguable and should be allowed to proceed: ‘However, the point that … Continue reading Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012

Whiston, Regina (on The Application of) v Secretary of State for Justice: CA 25 Oct 2012

The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other opportunity to make representations, was infringement of his human rights. Held: The appeal … Continue reading Whiston, Regina (on The Application of) v Secretary of State for Justice: CA 25 Oct 2012

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

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

Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A: QBD 5 Dec 2003

Magistrates have no Power to redo Mode of Trial The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial. Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have to be revisited by the House … Continue reading Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A: QBD 5 Dec 2003

H, Regina v, (Criminal propensity): CACD 3 Dec 2009

Incomplete Information distorted jury’s picture The defendant appealed against his conviction for robbery saying that it was a named third party. The jury had been told of his own previous conviction for robbery, but not that the third party had also so been previously convicted. The jury had only been informed that the third party … Continue reading H, Regina v, (Criminal propensity): CACD 3 Dec 2009

Petkar and Farquar, Regina v: CACD 16 Oct 2003

The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was incorrect, the judge having left open the inferences which might be drawn. Held: The … Continue reading Petkar and Farquar, Regina v: CACD 16 Oct 2003

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012