The defendant appealed against his conviction under section 35 of the 2004 Act, having pleaded guilty after an adverse ruling as to the law. After being refused asylum and several failed appeals he had refused to give assistance in providing the necessary information to allow his deportation. The CPS and Home Office guidances on the section were in conflict.
Held: The restriction on use of Pepper v Hart in criminal matters had less force when, as in this case it was the defendant seeking to make use of it.
Judges:
Lord Phillips of Worth Matravers LCJ, Burton J, David Clarke J
Citations:
[2007] EWCA Crim 380, [2007] 1 WLR 1317
Links:
Statutes:
Asylum and Immigration (Treatment of Claimants) Act 2004 24
Citing:
Cited – Thet v Director of Public Prosecutionsz Admn 19-Oct-2006
The defendant appealed by case stated against his conviction by the magistrates for entering the UK without a passport. He had relied on a false passport povided to him by an agent, and had returned it to the facilitator. He was therefore unable to . .
Considered – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Lists of cited by and citing cases may be incomplete.
Crime, Immigration, Constitutional
Updated: 10 July 2022; Ref: scu.249376