Admission of a previous conviction for possession of a bladed article into a trial as evidence of bad character pursuant to the provisions of the Criminal Justice Act 2003. Citations: [2009] EWCA Crim 2235, (2009) 173 JP 616 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Evidence Updated: 14 June 2022; … Continue reading O, Regina v: CACD 5 Oct 2009
The defendant had been convicted of a gruesome murder. He appealed against his minimum tarriff which had been set in accordance with the 1988 act with a starting point of 30 years. Held: The appeal succeeded. The evidence had not demonstrated the necessary condition of sexual intent. The fact that the victim was found named … Continue reading Davies (Gareth), Regina v: CACD 21 Apr 2008
The defendant appealed against his conviction for murder. He had claimed self defence. A main issues for the jury was who had produced the knife which caused the fatal injuries. The appellant had previous convictions for, other offences of violence with weapons, and these were introduced by the appellant in his own evidence and were … Continue reading Lafayette, Regina v: CACD 18 Dec 2008
Appeal against sentence of 44 weeks for burglary with intent to cause criminal damage. Credit for time spent on curfew – effect of section 240A of the 2003 Act. Citations: [2009] EWCA Crim 2213, [2010] Crim LR 159, [2010] 1 Cr App Rep (S) 87 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England … Continue reading Barrett, Regina v: CACD 4 Sep 2009
Citations: [2005] EWHC 2929 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 June 2022; Ref: scu.236650
The appellants, each convicted of murder, challenged the minimum periods of detention ordered to be served. Held: As to the starting point for sentencing, judges should have regard to the published practice directions, and not the letter from the Lord Chief Justice of 31 December 2003, which became a practice direction in 2004. As to … Continue reading Regina v Sullivan; Regina v Gibbs; Regina v Elener; Regina v Elener: CACD 8 Jul 2004
The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review. Held: Review was granted. The availability of a right of appeal was not of itself sufficient to justify a declaration of incompatibility for a section … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Nov 2004
Appeal against conviction for assault occasioning actual bodily harm. Allegation where wife was victim, but she had declined to give evidence, and not attended. The Court’s attention was not drawn to section 116 of the 2006 Act, and the evidence admitted without explanation as to how it had been applied. Held: The appeal was allowed: … Continue reading Jones, Regina v: CACD 3 Jul 2015
The court considered appeals against tarriffs set for defendants convicted of murder in the light of the schedules to the 2003 Act. Held: ‘The guidance given by Schedule 21 is provided to assist the judge to determine the appropriate sentence. The judge must have regard to the guidance, but each case will depend critically on … Continue reading Jones, Regina v: CACD 30 Nov 2005
Application in relation to a terminating ruling brought by a prosecuting authority in respect of a case tried at Leeds Crown Court. The indictment contained a single count of misconduct in public office. Judges: Treacy LJ, King, Nicol JJ Citations: [2018] EWCA Crim 440, [2018] 1 WLR 5865, [2018] WLR(D) 167 Links: Bailii, WLRD Statutes: … Continue reading Ikram, Regina v: CACD 14 Mar 2018
The prisoner had been convicted of three murders in 1988 and sentenced to life imprisonment. He now sought the setting by the court of a minimum period he was to be required to serve. The Home Secretary had set it at 25 years. Held: The prisoner had made exceptional progress since conviction, and this could … Continue reading In re Cadman’s Application: QBD 23 Mar 2006
The court heard four appeals considering s 11(3) of the 1968 Act ‘which requires this court, on an appeal against sentence, to exercise its powers such that ‘taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below’. Articulating the issue … Continue reading Thompson v Regina: CACD 27 Mar 2018
The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand. Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise spent on remand should count against the sentence. If there was any … Continue reading Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007
There had been admissions of pleas of guilty to robbery and the production of a firearm with intent to commit robbery, in the case of a co-accused who was alleged jointly to be involved. The court considered the admissibility of a co-defendant’s plea of guilty. Citations: [2007] EWCA Crim 2105 Links: Bailii Statutes: Criminal Justice … Continue reading Smith, Regina v: CACD 26 Jul 2007
Judges: Stanley Burnton J Citations: [2005] EWHC 304 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 22 Jurisdiction: England and Wales Prisons Updated: 26 May 2022; Ref: scu.230104
Decision upon a Reference under Section 273 of the Criminal Justice Act 2003 – determination of sentence tariff after transfer to UK of prisoner sentenced to life imprisonment abroad. Judges: Mr Justice William Davis Citations: [2020] EWHC 3208 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 237 Jurisdiction: England and Wales Criminal Sentencing Updated: 25 … Continue reading Re Arif: QBD 25 Nov 2020
Judges: Mr Justice William Davis Citations: [2020] EWHC 3018 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 273 Jurisdiction: England and Wales Criminal Sentencing Updated: 25 May 2022; Ref: scu.656437
Statements in an out of court witness statement were only put to the witness in cross-examination and the court was now asked whether the prosecution was entitled to re-examine on parts of the document not put to the witness in cross-examination. Held: ‘ In our judgment the Recorder did err in concluding that the situation … Continue reading Pashmfouroush and Another, Regina v: CACD 1 Sep 2006
The defendant appealed his conviction for five counts of gross indecency with a child, complaining that the court had admitted as evidence of propensity, the fact that other allegations had been made against him. Held: The allegations were admissible as evidence of propensity, through section 10(1)(d), but through 10(1)(c) as ‘important explanatory evidence. Just what … Continue reading Regina v Smith, D: CACD 21 Dec 2005
Citations: [2005] EWHC 305 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 22 Jurisdiction: England and Wales Citing: Cited – Practice Direction (Crime: Mandatory life sentences) (No 2) 29-Jul-2004 The direction gave practical guidance on the procedure for passing a mandatory life sentence under the Act . . Lists of cited by and citing cases … Continue reading X, Regina v: Admn 17 Feb 2005
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 defendant sought leave to appeal his conviction for causing grievous bodily harm, saying that the judge should not have admitted hearsay evidence and had failed to consider all the elements he should have considered before allowing it. Held: The Act provided for nine separate factors. The judge had said that he had been unable … Continue reading Regina v Taylor: CACD 25 Jan 2006
The defendant had been convicted of a conspiracy to commit terrorist acts, though no violence had been undertaken. He appealed a life sentence with a minimum term of forty years. Held: The minimum term should be reduced to thirty years. The element of protection of the public was achieved by the life sentence, and that … Continue reading Regina v Barot: CACD 16 May 2007
The defendants were convicted of a murder. Brown was sentenced as a youth, and Brown as a young offender. The murder was committed as part of a robbery. The judge held them equally responsible. Held: When sentencing defendants under different age restrictions, the court should allow no more disparity than properly reflected the age difference. … Continue reading Regina v Brown; Regina v Carty: CACD 14 May 2007
The defendant appealed against his sentence for having committed a murder during the course of a burglary. He said that it had been committed only to allow him to escape, and was therefore not for gain within the meaning of the section. Held: The argument was sophistry: ‘Escaping after a burglary was an integral element … Continue reading Regina v Bouhaddou: CACD 4 Dec 2006
The defendant complained that the court had wrongfully admitted evidence of a previous conviction on the basis only that he shared the name and date of birth of the person convicted. The conviction was used as evidence of his propensity to be untruthful. Held: What was evidence in such circumstances was not a matter of … Continue reading Regina v Burns: CACD 1 Mar 2006
The prosecution sought to appeal. Held: The prosecutor could not appeal unless it had before informing the court of its intention to appeal, informed the accused that if leave to appeal was not given, he would be acquitted of the charges. Judges: Lord Justice Hughes, Mr Justice Treacy and Sir Peter Cresswell Citations: Times 13-Jun-2008 … Continue reading Regina v Arnold: CMAC 16 May 2008
Defendants appealed orders made under the 2003 Act. Held: The 2003 Act required supplementary procedural provisions in order to work. Those provisions had not been isued, and this risked, amongst other things, the wast eof judicial resources. This case wouldhave to be adjourned. The position at the moment was obscure to the point of being … Continue reading Regina v XY: CACD 21 Jul 2005
The defendant complained that a police officer called to give evidence of his previous conviction in order to support a claim that such convictions showed a propensity to commit offences of the type alleged, had not properly presented them, putting forward details which were not properly proved. Held: The officer had put in evidence matters … Continue reading Regina v Humphries: CACD 19 Jul 2005
The defendant appealed his conviction for possession of a firearm, complaining that the statement of his co-accused had not been admitted. The judge saying that since the co-accused had admitted the offence he had no jurisdiction to admit the statement or to admit it as hearsay. Held: Having pleaded guilty, the co-accused was no longer … Continue reading Regina v Finch: CACD 15 Jan 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
The court considered an application for leave under the 2003 Act to retry the defendant for murder after his earlier acquittal. Judges: Phillips LCJ, Silber J, Rafferty J, Openshaw J Citations: [2006] EWCA Crim 1354, [2007] 1 WLR 1657, [2007] 1 All ER 593 Links: Bailii Statutes: Criminal Justice Act 2003 75 76 Jurisdiction: England … Continue reading D, Regina v: Admn 16 Jun 2006
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
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
Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh … Continue reading Cummings v Crown Prosecution Service: Admn 15 Dec 2016
Appeal from order imposing a minimum sentence. Judges: Lord Judge LCJ Citations: [2011] EWCA Crim 1711 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 March 2022; Ref: scu.442187
Claim for damages for assault during arrest. It became necessary for the claimant to issue proceedings very quickly after the decision in Hoare, and he failed to obtain consent under the 2003 Act before issuing his claim. Held: The requirement to obtain consent before issuing proceedings was procedural only. Judges: Owen J Citations: [2008] EWHC … Continue reading Adorian v Commissioner of Police of the Metropolis: QBD 19 May 2008
The claimant challenged being recalled to prison from licence after being found in an area from which he was excluded as a condition of his parole. Judges: Turner J Citations: [2017] EWHC 729 (Admin) Links: Bailii Statutes: European Convention on Human Rights 5, Criminal Justice Act 2003 244 254 Jurisdiction: England and Wales Citing: Cited … Continue reading Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017
The court considered the admission in evidence of social media messages. The defendant had been convicted of the murder of her violent boyfriend, and objected unsuccessfully to the admission of texts which she said were unduly prejudicial. Held: Such decisions were fact specific, and in this fact-specific case the judge was right in the conclusion … Continue reading Palmer, Regina v: CACD 6 Dec 2016
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
Prosecutor’s request for judicial review after acquittal of the interested party of charges of assault on his wife. She had failed to attend at court to give evidence and the magistrates had refused to either adjourn or admit her written statement as hearsay evidence. Held: The refusal of an adjournment was within the discretion of … Continue reading Crown Prosecution Service, Regina (on the Application of) v Uxbridge Magistrates: Admn 16 Jan 2007
The defendants appealed against an order allowing their trial to proceed without a jury. There had been earlier trials lost where the jury had suffered interference. Held: The trials could go ahead on this basis. The right to a fair trial would not be prejudiced by a trial without a jury, where there was a … Continue reading T and Others Regina v: CACD 5 Jun 2009
The defendant appealed an order made by the judge that the time he had spent in custody should not count toward time served. Held: A judge considering making such an order must give advance warning to defence counsel, and provide an appropriate opportunity for representations. Judges: Pill LJ, Swift J, Radford J QC Citations: [2006] … Continue reading Barber, Regina v: CACD 17 Feb 2006
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The … Continue reading Regina v SH: CACD 3 Aug 2010
The defendant had pleaded guilty by post, but on being called to court to face a possible disqualification from driving he was refused the chance to re-open his plea. The action had been begun under the written charge procedure introduced by the 2003 Act. The notification he had been given said that the conviction dated … Continue reading Rymer v Director of Public Prosecutions: Admn 21 Jul 2010
The respondent had been convicted of thirteen murders and eight attempted murders. He had claimed to have been acting in response to a divine voice heard when he worked in a graveyard. He was diagnosed a paranoid schizophrenic. The murders had created a climate of terror over many months over a wide area and he … Continue reading Regina v Coonan (Formerly Sutcliffe): QBD 16 Jul 2010
The court considered the great complexity of sentencing provisions where a defendant committed a further offence whilst released on licence. Under certain circumstances the provisions requiring his recall could nullify any new sentence imposed. Citations: [2010] EWCA Crim 371 Links: Bailii Statutes: Criminal Justice Act 2003 153(2) 244 265 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Costello v Regina: CACD 2 Mar 2010
Club, not members, prosecutable for breach The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have been prosecuted under the 1978 Act, and that a prosecution would not … Continue reading Regina v RL and JF: CACD 28 Aug 2008
The Serious Fraud Office appealed against rulings on the admission of evidence after its exclusion under section 78. Held: The appeal was allowed. The appeal had been brought within time and could proceed. Police and Criminal Evidence Act 1984. The judge confused or elided two quite separate concepts, namely (a) the ‘identification’ principle which is … Continue reading A Ltd and Othersi, Regina v: CACD 28 Jul 2016
The claimant prisoners said that section 269(4) of the 2003 Act was incompatible with their Article 3 rights. Supperstone J [2016] EWHC 1635 (Admin) Bailii Criminal Justice Act 2003 269(4), European Convention on Human Rights 3 England and Wales Criminal Sentencing, Human Rights Updated: 24 January 2022; Ref: scu.570532
Parole Board Publication Scheme Unduly Complicated This claim for judicial review raises important issues about the lawfulness of the Parole Board’s policy and practice in relation to the provision of a summary of a Parole Board decision to victims and victims’ families and the media. The protocol required advance disclosure of the summary to legal … Continue reading Austin, Regina (on The Application of) v Parole Board for England and Wales: Admn 17 Jan 2022
The court considereed the use of Special Custodial Sentences for certain types of serious offenders. Treacey LJ [2016] EWCA Crim 561, [2016] WLR(D) 264 Bailii, WLRD Criminal Justice Act 2003 236A England and Wales Criminal Sentencing Updated: 16 January 2022; Ref: scu.564457
The defendant had pleaded guilty to murder. Being under eighteen years of age, he had been sentenced to detention for 12 years. Held: The sentence would be increased to fifteen years. The twelve year figure was only a starting point, and the court’s duty was fact specific. The court re-emphasised the fact that a youth … Continue reading Regina v HM Attorney-General’s Reference (No 126 of 2006): CACD 30 Jan 2007
Jury Tampering Provisions A applied for permission to appeal against conviction, saying that the decision on his guilt was made by the trial Judge who had discharged the jury that had been sworn to try the case, and then proceeded to give judgment himself. The Judge was exercising the powers conferred by section 46 of … Continue reading Allen, Regina v: CACD 27 Jun 2019
Lady Justice Hallett DBE, VP CACD [2015] EWCA Crim 1999 Bailii Criminal Justice Act 2003 England and Wales Criminal Sentencing Updated: 12 January 2022; Ref: scu.561472
Application pursuant to section 58 of the Criminal Justice Act 2003, for leave to appeal against a terminating ruling made in the retrial of the respondent, Gary Walker, charged with the murder or manslaughter of Audra Bancroft.. The basis of the application upon which this court is asked to reverse his ruling is that the … Continue reading Walker, Regina v: CACD 17 Dec 2021
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
The appellant contended that the judge wrongly concluded there had been jury tampering and therefore wrongly exercised his powers, under s.46 of the CJA 2003, to order the continuation of the trial without a jury. Lord Thomas of Cwmgiedd, CJ [2016] EWCA Crim 3 Bailii Criminal Justice Act 2003 46 England and Wales Criminal Practice … Continue reading McManaman, Regina v: CACD 15 Jan 2016
(Courts-Martial Appeals Court) The defendant had faced road traffic offence charges, but the court had discharged the case using the Forest of Dean case. The prosecutor sought to appeal but failed to give the undertaking with regard to taking no further action if the appeal did not succeed as required under the Order. Held: The … Continue reading LSA, Regina v: CACD 16 May 2008
Thomas LCJ, Wyn Williams, Sweeney JJ [2014] EWCA Crim 2205, [2015] 1 Cr App R (S) 24 Bailii Criminal Justice Act 2003 England and Wales Criminal Sentencing Updated: 04 January 2022; Ref: scu.553265
The defendant appealed against his conviction of producing a controlled drug, namely cannabis. It was contended that the judge failed to provide guidance or directions to the jury as to how they ought to approach the text messages downloaded from the appellant’s telephone, and had wrongly admitted evidence of previous convictions. Held: The appeal succeeded. … Continue reading Sullivan, Regina v: CACD 25 Sep 2015
Request for leave to appeal out of time against convictions for murder and against sentence. Much evidence had been circumstantial, and the defendants alleged bias in the summing up, and complained of the admission of bad character evidence. Held: ‘ the structure of the summing up in this case was unimpeachable. In a wholly conventional … Continue reading Lunkulu and Others v Regina: CACD 7 Aug 2015
The defendants appealed against their convictions for murder, saying that the judge had misdirected the jury as to the value of previous exculpatory statements. The principal evidence against them were statement from two witnesses, one himself convicted of murder, and each of whom had made inconsistent prior statements exculpatory of the defendants. Held: The judge’s … Continue reading Billingham, Regina v: CACD 23 Jan 2009
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
‘This appeal against sentence in a murder case, brought by leave of the single judge, raises once again the issue of when a weapon is to be treated as having been ‘taken to the scene’ for the purposes of paragraph 5A of Schedule 21 to the Criminal Justice Act 2003.’ Bean LJ, Globe, Turner JJ … Continue reading Dillon v Regina: CACD 20 Jan 2015
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
Appeal under s.58 of the Criminal Justice Act 2003 in respect of a terminating ruling made by Mr Recorder Day QC at the Crown Court at Blackfriars on 5 May 2015 holding that in a prosecution case based on DNA, there was no case to answer. John Thomas LJC, Simon LJ, Patterson J [2015] EWCA … Continue reading FNC, Regina v: CACD 4 Nov 2015
The several defendants were convicted of involvement in a conspiracy to fund a very substantial property portfolio by deceiving mortgage lenders. They said that the evidence of an expert witness was biasd and that they had not been allowed to put before the court evidence that she had been criticised for bias elsewhere. Held: The … Continue reading Jones and Others, Regina v: CACD 16 Jul 2014
Setting of minimum term for prisoner convicted of murder – transitional effect of provisions. The Honourable Mr Justice Openshaw [2004] EWHC 1819 (QB) Bailii Crime (Sentences) Act 1997 28(5), Criminal Justice Act 2003 269 England and Wales Criminal Sentencing Updated: 10 December 2021; Ref: scu.245092
The defendant had been convicted of rape. The judge had decided that an extended sentence was appropriate, and added four years to the seven year sentence under section 227. However the judge had no jurisdiction to do so, he retired on the same day and could not correct his mistake, and the prosecution delayed the … Continue reading Regina (Crown Prosecution Service) v Guildford Crown Court: QBD 4 Jul 2007
Five defendants appealed against their convictions after the admission of hearsay evidence. Held: The court re-iterated that the importance of the hearsay evidence to the case remained a vital consideration when deciding upon its admissibility, but there was no overarching rule that ‘sole or decisive’ evidence was inadmissible. Hughes LJ VP set out the principles … Continue reading Regina v Riat and Others: CACD 11 Jul 2012
The defendants appealed against their convictions for serious firearms offences, saying that the court had wrongly admitted evidence of their previous convictions as evidence of propensity. Fulford LJ, Hickinbottom, Simler DBE JJ [2014] EWCA Crim 716 Bailii Criminal Justice Act 2003 101(1)(d) England and Wales Crime Updated: 02 December 2021; Ref: scu.523749
The defendant appealed against his conviction for sexual assault on his child niece. He said that he had not been allowed to put to her allegations that she had made other, and false allegations against boys. Held: The appeal failed: ‘although, essentially, Miss Bache was pursuing a bad character application, out of an excess of … Continue reading Taylor v The Queen: CACD 2 Apr 2014
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005
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
Questions about the determination of the minimum term to be served following conviction for murder committed with a knife. In short, therefore, the court was required to examine the ambit and impact of the Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) (Order) 2010 The Lord Chief Justice of England and Wales … Continue reading Kelly v Regina: CACD 16 Jun 2011
The defendants, brothers, appealed against their sentences for burglary, saying that the judge had wrongly increased their sentences to reflect their past offences and the likelihood of re-offending. The sentences were in excess of the guideline sentences for the circumstances. Held: The 2003 Act allowed such sentences imposing a duty to pass a sentences treating … Continue reading Bailey, Regina v: CACD 4 Oct 2013
The court considered appeals from defendants sentenced to extended terms comprising a custodial term with an extension period and a licence thereafter extended for the protection of the public, and when such extended licence began. Held: The Home Office had a practice, but had not disclosed its practice. The understanding reflected in the textbooks appeared … Continue reading Regina v S, Regina v Burt, Regina v Parsons, Regina v Carr, Regina v Hargreaves, Regina v Denton, Regina v Taylor, Regina v Coyne, Regina v H: CACD 19 Dec 2005
The prosecution appealed with leave granted by this court under section 58 of the Criminal Justice Act 2003 against a terminating ruling [2008] EWCA Crim 2751 Bailii England and Wales Criminal Practice Updated: 17 November 2021; Ref: scu.406148
This appeal concerns the disputed admission, at a trial of the appellant for murder of his long-term partner, effectively his wife, of the evidence of his former girlfriend, Rosie Thorne, concerning their relationship some 20 years or so earlier. In the terms of the Criminal Justice Act 2003, this evidence was admitted as bad character … Continue reading Davis, Regina v: CACD 23 May 2008
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
Ineta Ziemele, P 67318/09 22226/12 – Admissibility Decision, [2013] ECHR 578 Bailii European Convention on Human Rights, Criminal Justice Act 2003 46(3) Human Rights Citing: Legal Summary – Twomey, Cameron and Guthrie v The United Kingdom (Legal Summary) ECHR 28-May-2013 ECHR Criminal proceedingsArticle 6-1Fair hearingEquality of armsIndependent tribunalTrial by judge sitting alone owing to risk … Continue reading Twomey, Cameron And Guthrie v The United Kingdom (Judgment): ECHR 28 May 2013
Appeal from termination ruling – offence alleged against the respondent of arranging or facilitating the commission of a child sex offence – whether the mere request by the respondent to someone to look for a young girl of 12 or 13 with whom he could indulge in sexual activity amounts to an offence under section … Continue reading R, Regina v: CACD 16 Jan 2008
The claimant prisoner appealed against refusal of review of the use of allegations and evidence of offences not tried against him when deciding as to his release on licence. The material would suggest that he might pose a continuing risk to children. Held: The appeal was allowed. The Board members were free not to consider … Continue reading McGetrick, Regina (on The Application of) v Parole Board and Another: CA 14 Mar 2013
The defendant appealed against his convictions for murder and other offences of violence. He complained of the admission of bad character evidence against him, in the form of convictions for the use of firearms. Held: The appeal failed. The bad characate revidence had not merely been used to bolster a weak case. There was other … Continue reading McDonald v Regina: CACD 16 Dec 2011
Retrial After Acquittal – New Scientific Evidence The court heard an application for the quashing of a verdict of not guilty and the retrial of a defendant for the murder of Stephen Lawrence in 1993. Other defendants previously acquitted were not to be tried, but a defendant not previously tried now awaited trial. Here, it … Continue reading Regina v Dobson: CACD 18 May 2011
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the court must implement the ECHR decision in Al-Khawaja. Held: The … Continue reading Horncastle and Others, Regina v: SC 9 Dec 2009
The prisoner had been sentenced to consecutive terms of imprisonment, one for less, and one for more than 12 months. She disputed the date on which she should be released to home detention under curfew under the Guidance issued by the Secretary of State explaining how the release date should be calculated where longest sentence … Continue reading Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another: SC 30 Jun 2010
The defendant appealed against his conviction for possessing drugs with intent to supply. He said that the court should not have allowed the cross-examination of a defence witness as to that witness’ bad character. The witness was on remand facing similar charges. The prosecution suggested that his circumstances provided a reason to take responsibility for … Continue reading Miller v Regina: CACD 26 May 2010
The applicant appealed against a refusal to allow his early release from prison having been sentenced to 21 months for contempts of court. Held: The appeal failed. The court set out eight questions which might be asked before allowing such a release. The judge here had had the benefit of listening to the contemnor, and … Continue reading CJ v Flintshire Borough Council: CA 15 Apr 2010
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone. Held: The four appeals against conviction were dismissed. Singh established that the common law rules on hearsay had been abolished by the 2003 Act. The court set out its … Continue reading Regina v Twist and Others: CACD 12 May 2011
The claimants were former serving prisoners who complained that the early release provisions discriminated against them unjustifiably. Each was subject to a deportation requirement, and said that in their cases the control on the time for their early release had been vested in the respondent and not in the courts. Held: It could no longer … Continue reading Clift, Regina (on the Application of) v Secretary of State for the Home Department: HL 13 Dec 2006
hutchinson_UKECHR201502 Article 3 Degrading punishment Inhuman punishment Continued detention under whole life order following clarification of Secretary of State’s powers to order release: no violation Facts – Following his conviction in September 1984 of aggravated burglary, rape and three counts of murder, the applicant was sentenced to life imprisonment with a recommended minimum tariff of … Continue reading Hutchinson v The United Kingdom: ECHR 3 Feb 2015
These several applications raised a single ground of appeal namely that the sentencing court failed to give credit under section 240A of the Criminal Justice Act 2003, as amended, for one half of the time spent by the offender on qualifying curfew before sentence. This was asked in a context where there had been delay … Continue reading Thorsby and Others v Regina: CACD 20 Jan 2015
Each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. In the first case the complainant had died before trial but her statement was admitted. Held: In each case, applying Luca, the trials infringed the right to a fair trial since … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 20 Jan 2009
Refusal of curfew relaxation was reasonable The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of residence and work restrictions. The respondent had refused consent … Continue reading O’Dowd (Boy George) v National Probation Service London: Admn 23 Dec 2009
The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed against a refusal to strike out the claim, saying that consent to the action should have been … Continue reading Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009
The claimant, the victim of an alleged assault, challenged the failure of the respondent to quash a conditional caution given to the assailant. The respondent accepted that a decision to prosecute would have been appropriate. Held: The offence did not meet the criteria of the Code for Crown prosecutors for a caution since it involved … Continue reading Guest v Director of Public Prosecutions: Admn 5 Mar 2009