Tag: Crime

Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones where proof will not be easily found. There is no overriding test within domestic law for deciding whether proceedings are civil or criminal. The procedure here was one generally used for civil proceedings, and no punishment was properly involved at this stage. At most there would be a restriction on activities of those subject to the order. Lord Woolf said: ‘The significance of whether the proceedings are civil or criminal arises because of the difficulty that exists in relation to the proof of the sort of conduct against which section 1 is designed to provide protection. Understandably, in a locality those who are subject to anti-social behaviour are chary about giving evidence in criminal proceedings. It is in particular because of those difficulties that, after a consultation process, the legislation which is contained in Part 1 of the 1998 Act was passed. The object of making the proof of conduct which is anti-social more easy to prove would be defeated if in fact the proceedings were criminal. Then the normal rules of evidence which apply to criminal proceedings would have to be complied with and furthermore the proceedings would be subject to the additional protection provided by Article 6 of the European Convention in relation to criminal proceedings.’

Judges:

Lord Woolf

Citations:

Gazette 11-Jan-2001, Times 22-Dec-2000, [2002] 3 WLR 1313, [2000] EWHC 565 (QB)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1, European Convention on Human Rights 5.1

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege) Admn 2-Feb-1999
The police had sought disclosure from the applicant’s solicitors of records of the time at which the applicant arrived at the solicitors’ premises on a particular date and like documents.
Held: Such records are not privileged because they did . .

Cited by:

Appeal from – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Regina (Smith) v Parole Board (No 2) CA 31-Jul-2003
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 . .
At First Instance – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Crime, Administrative, Human Rights

Updated: 21 July 2022; Ref: scu.87261

Director of Public Prosecutions v Dykes: Admn 21 Oct 2008

The defendant had been convicted in his absence of threating behaviour, but acquitted of racially aggravated threatening behaviour. The prosecutor appealed. On being asked to leave a hospital reception he had cursed the ‘lying Paki doctor’ who had assisted him on the evening before.
Held: The appeal succeeded. In deciding whether an offence is racially aggravated within the terms of section 28, the Magistrates should have simply focused on the question of whether the remark had been made, whether it was in fact a remark which demonstrated racial hostility about which there can be little or no argument, and then to see whether, the remark having been made during the course of the commission of the offence, either subsection 1(a) or (b) was engaged.

Judges:

Calvert Smith J

Citations:

[2008] EWHC 2775 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986 5, Crime and Disorder Act 1998 31(1)(c)

Jurisdiction:

England and Wales

Crime

Updated: 19 July 2022; Ref: scu.277926

Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008

The claimant sought judicial review of the decision of the defendant not to refer his case to the court. He argued that he should have been allowed to present a defence of entrapment.

Judges:

Pill LJ, King J

Citations:

[2008] EWHC 2389 (Admin)

Links:

Bailii

Statutes:

Criminal Appeal Act 1995

Jurisdiction:

England and Wales

Administrative, Crime

Updated: 19 July 2022; Ref: scu.277012

Stodgell v Stodgell Admn: Admn 18 Jul 2008

The court heard divorce ancillary relief applications against the background of an impending criminal confiscation order against the husband.

Citations:

[2008] EWHC 1925 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Stodgell v Stodgell FD FD 18-Jul-2008
The parties were involved in ancillary relief proceedings. At the same time the husband was in prison after having hidden earnings from his business, and was subject to an unsatisfied confiscation order. The guardian had had doubts about the . .
Lists of cited by and citing cases may be incomplete.

Family, Crime

Updated: 19 July 2022; Ref: scu.276245

Secretary of State for the Home Department v AP: Admn 12 Aug 2008

The court reviewed the need for the control order made against AP.

Judges:

Keith J

Citations:

[2008] EWHC 2001 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Appeal from – AP v Secretary Of State for the Home Department CA 15-Jul-2009
. .
At First Instance – Secretary of State for The Home Department v AP SC 16-Jun-2010
The claimant challenged the terms of the control order made against him under the 2005 Act saying that it was too restrictive. Though his family was in London, the control order confined him to a house many miles away for 16 hours a day.
Held: . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration, Human Rights

Updated: 19 July 2022; Ref: scu.272760

Cox, Regina (on the Application Of) v Director of Public Prosecutions: Admn 25 Oct 2005

Citations:

[2005] EWHC 2694 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.235873

Crown Prosecution Service v MN: Admn 21 Nov 2005

Application by the Crown Prosecution Service for the appointment of a receiver under section 80 of the Criminal Justice Act 1988 (CJA No 3 of 2000) and in the Family Division hearing ancillary relief proceedings.

Judges:

Munby J

Citations:

[2005] EWHC 2622 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988

Jurisdiction:

England and Wales

Crime, Family

Updated: 18 July 2022; Ref: scu.271158

Greater Manchester Police, Regina (on the Application of) v City of Salford Magistrates Court: Admn 21 Jul 2008

Sums of money had been found on a raid on factory premises where many illegal workers were found. The company appealed seizure of the money under the 2002 Act.

Judges:

Richards LJ, MacKay J

Citations:

[2008] EWHC 1651 (Admin)

Links:

Bailii

Statutes:

Immigration Act 1971, Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 17 July 2022; Ref: scu.270903

Murphy v Media Protection Services Ltd: Admn 16 Jul 2008

The defendant publican appealed against convictions for dishonestly receiving a broadcast programme with intent to avoid payment.

Citations:

[2008] EWHC 1666 (Admin), [2008] FSR 33, [2008] UKCLR 427

Links:

Bailii

Statutes:

Copyright, Design and Patents Act 1988 297(1)

Jurisdiction:

England and Wales

Citing:

See Also – The Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Intellectual Property, European

Updated: 17 July 2022; Ref: scu.270848

Kadi v Council and Commission: ECJ 3 Sep 2008

(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ Measures against persons and entities included in a list drawn up by a body of the United Nations Freezing of funds and economic resources Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 Actions for annulment Competence of the Community Joint legal basis of Articles 60 EC, 301 EC and 308 EC Fundamental rights Right to respect for property, right to be heard and right to effective judicial review

Citations:

[2009] 1 AC 1225, [2008] EUECJ C-402/05, [2009] 3 WLR 872

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Kadi v Council and Commission ECFI 21-Sep-2005
ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – . .
See Also – Kadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .

Cited by:

Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Banking

Updated: 17 July 2022; Ref: scu.605178

Regina v Banks: CACD 9 Dec 1996

Valuation of drugs in confiscation order.
Applying the 1994 Act, sections 2(3) and 4(1) were directed to gross payments and not net profits.

Judges:

Lord Bingham of Cornhill LCJ, Sachs, Toulson JJ

Citations:

[1996] EWCA Crim 1799, [1997] 2 Cr App R (S) 110, [1997] Crim LR 235

Links:

Bailii

Statutes:

Drug Trafficking Act 1994 5, Drug Trafficking Act 1994 2(3) 4(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Bakewell, Regina v CACD 11-Jan-2006
The defendant faced allegations of evading duty on the importing of substantial quantities of cigarettes. A confiscation order was made. HMRC appealed saying it was too small a sum.
Held: ‘the liability of a smuggler who evades duty which he . .
Cited – Regina v Smith (David Cadnam) HL 13-Dec-2001
Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The . .
Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 14 July 2022; Ref: scu.267688

Regina v Montgomery: CACD 31 Jul 2007

The court considered the extent of the common law offence of escape from lawful custody. The defendant did not return to his open prison after temporary release.

Judges:

Hughes LJ, Underhill J

Citations:

[2007] EWCA Crim 2157, [2008] 2 All ER 924, [2008] 1 WLR 637

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 12 July 2022; Ref: scu.263788

George v Regina: CACD 15 Nov 2007

The defendant appealed against his conviction for the murder of the BBC presenter Jill Dando. He said that the prosecution had relied heavily on the discovery, a year later, of a single particle of firearm discharge residue.
Held: The evidence was now said by the forensic service to be unreliable. The conviction was quashed, and a re-trial ordered.

Judges:

Lord Phillips of Worth Matravers CJ, Leveson LJ, Simon J

Citations:

[2007] EWCA Crim 2722

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
See Also – Barry George v Regina CACD 29-Jul-2002
There had been an identification parade, but the witness had not made an unqualified identification of the defendant. He now appealed admission of the evidence from ID parade.
Held: Recognising the difficulties in identification evidence, and . .

Cited by:

Cited – Joseph v Regina CACD 11-Nov-2010
In 2004, the defendant had been convicted of murder. He now appealed saying that advanced in the analysis of gunshot residues would make the forensic evidence then given now unreliable.
Held: At trial the forensic experts had made concessions . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 12 July 2022; Ref: scu.261314

Neuberg (Karen), Regina v: CACD 13 Jul 2007

The Act applied to a company which was being operated in breach of section 216 of the Insolvency Act which forbids the use of a prohibited trading style.

Citations:

[2007] EWCA Crim 1994

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Cited by:

Cited – Basso and Another v Regina CACD 19-May-2010
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 12 July 2022; Ref: scu.259778

Director of Public Prosecutions v Lawrence: Admn 16 Jul 2007

Prosecutor’s appeal against dismissal of charge of using threatening or abusive words or behaviour. Officers stopping youths in street and searching for drugs. The defendant had challenged the admission of statements said to have been made at the scene by the defendants under Code C. After exclusion of the admissions, the prosecutor had offered no evidence, but now appealed.
Held: the provisions of Code C, Part 11, are not directed at what a suspect is alleged to have said as part of his conduct constituting the offence, but what he is alleged to have said of a self-incriminatory nature on or after arrest for it. Otherwise, all offences of a public order nature in which words spoken are a necessary or possible constituent of the offence, in whole or in part, would engage Part 11 of Code C, quite independently of and before any possibility of an interview, or ‘unsolicited comments outside an interview’ could arise.

Citations:

[2007] EWHC 2154 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986 5, Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Crime

Updated: 12 July 2022; Ref: scu.259638

Dowsett v Criminal Cases Review Commission: Admn 8 Jun 2007

The claimant had been convicted in 1993 of involvement in a murder. He had complained that the police had failed to disclose material which would have been of assistance to him. He had requested the Commission to take examine and pursue his appeal. Material had been examined for which public interest immunity was sought. Having succeeded at the European Court of Human Rights, he argued that the Commission was obliged to take his case forward.
Held: Not every breach of Article 6 will make a conviction unsafe. The nature of the breach and the facts of the case must in every case be analysed. In this ccase, the Commission was plainly entitled to reach the view that it did and so to refuse to refer. In any event late disclosure before an earlier appeal had allowed the defect to be cured.

Judges:

Laws LJ, Mitting J

Citations:

[2007] EWHC 1923 (Admin)

Links:

Bailii

Statutes:

Criminal Appeal Act 1995, European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lewis CACD 6-Apr-2005
The defendant had been convicted under the 1981 Act. The European Court of Human Rights had found that police officers had infringed his human rights by their entrapment of him into offering them counterfeit currency. He now appealed his conviction. . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Cited – Regina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999) HL 19-Dec-2000
The provisions of the Code of Practice regarding identification parades are mandatory and additional unwritten conditions are not to be inserted. Where there was an identification and the suspect challenged that identification, and consented to the . .
Cited – Regina v Dundon CMAC 18-Mar-2004
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial.
Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an . .
Applied – Regina v Criminal Cases Review Commission ex parte Pearson 1999
The applicant was convicted of murder and her application for leave to appeal against conviction was dismissed. She later asked that her case be referred to the court of appeal on the ground of diminished responsibility, a ground not put forward . .
Cited – Doorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 July 2022; Ref: scu.258795

Wallace v Regina: CACD 16 Jul 2007

Citations:

[2007] EWCA Crim 1760, [2007] 2 Crim App R 30

Links:

Bailii

Statutes:

Criminal Justice Act 2003

Jurisdiction:

England and Wales

Cited by:

Cited – O’Dowd v Regina CACD 12-May-2009
The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 July 2022; Ref: scu.258314