Welland, Regina v: CACD 14 Sep 2018

The defendant appealed from his conviction for causing injury from dangerous driving. During his trial he suffered epileptic fits which were witnessed by the jury. The trial continued in part in his absence. He said that a new trial should have been ordered.
Held: The appeal succeeded: ‘the appellant’s conviction is unsafe because the decision to proceed with the trial was made without proper regard to the principle that an accused is entitled to a fair trial, which includes a fair opportunity to give evidence in his own defence.’

Judges:

Leggatt LJ, Lewis, Carr DBE JJ

Citations:

[2018] EWCA Crim 2036

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 23 May 2022; Ref: scu.622343

Mckeown v The United Kingdom: ECHR 11 Jan 2011

The applicant alleged that his trial for terrorism related offences was unfair because of the way the courts in Northern Ireland had approached the question of non-disclosure of prosecution papers to the defence on grounds of public interest immunity.

Citations:

[2011] ECHR 22

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See AlsoMcKeown v The United Kingdom ECHR 1-Apr-2008
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice, Northern Ireland

Updated: 23 May 2022; Ref: scu.443850

BW, Regina (on The Application of) v Caernarfon Youth Court and Another: Admn 27 Mar 2013

The defendant youth having been convicted on his plea of several sexual offences, now sought judicial review of the decision to commit him to the Crown Court for sentence.

Judges:

Pitchford LJ, Wyn Williams J

Citations:

[2013] EWHC 1466 (Admin)

Links:

Bailii

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 3C

Jurisdiction:

England and Wales

Criminal Practice

Updated: 23 May 2022; Ref: scu.510802

Stanford v United Kingdom: ECHR 11 Apr 1994

A defendant’s difficulty in hearing the case because of a screen erected to protect the identity of witnesses did not vitiate the trial or make it unfair. The right to a fair trial included the right to be present and in a position to follow the proceedings.

Judges:

R. Ryssdal, P

Citations:

Ind Summary 11-Apr-1994, Times 08-Mar-1994, 16757/90, [1994] Ser A No 282-A, [1994] ECHR 6

Links:

Worldlii, HUDOC, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

CitedRex v Smellie CCA 1919
The defendant was accused of mistreating his eleven year old daughter. He was ordered to sit upon the stairs leading to the dock, out of her sight, in order to avoid her being intimidated.
Held: A judge could, using the courts own powers to . .
CitedRex v Lee Kun CCA 1916
Accused must hear and understand the proceedings
A judge, from the moment he embarks upon a trial until he is functus officio that trial, is under a duty to ensure that both the process and substance of the trial is fair, and that both are duly compliant with appropriate principles. Lord Reading . .

Cited by:

CitedSC v The United Kingdom ECHR 15-Jun-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 20 May 2022; Ref: scu.89490

Lawrence Pat Sankar v State of Trinidad and Tobago: PC 16 Dec 1994

(Trinidad and Tobago) An advocate’s failure to advise his client on the need for him to give evidence, and the consequences of his not doing so may be enough to justify an appeal against conviction.

Citations:

Independent 12-Jan-1995, Times 28-Dec-1994, [1994] UK PC 1, [1995] 1 WLR 194, No 22 of 1993, [1994] UKPC 49

Links:

PC, Bailii, Bailii

Cited by:

distinguishedCodrington v the Queen (Belize) PC 27-Mar-1996
The appellant had been convicted of murder. He had two grounds of appeal, that the judge had failed to get right the burden of proof, and that his counsel had not allowed him to give evidence when he had wanted to. The case was remitted. Although . .
CitedBoodram v The State PC 10-Apr-2001
(Trinidad and Tobago) On a retrial, the defendant’s counsel only became aware that there had been an earlier trial late in the proceedings, and, when he became aware of it, he did not try to obtain the transcript of the first trial in order to . .
CitedAnderson v HM Advocate HCJ 1996
The court considered the effect on a conviction of a failure by defence counsel. After considering the authorities: ‘It can only be said to have resulted in a miscarriage of justice if it has deprived the accused of his right to a fair trial. That . .
CitedBally Sheng Balson v The State PC 2-Feb-2005
PC (Dominica) The appellant had been convicted of the murder of his partner and appealed the conviction.
Held: The case did not fall within the case of Anderson, and counsel’s failure was not such as to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth

Updated: 20 May 2022; Ref: scu.89005

Regina v Liverpool Stipendiary Magistrates ex parte Ellison: QBD 1990

Bingham LJ said: ‘If any criminal court at any time has cause to suspect that a prosecutor may be manipulating or using the procedures of the court in order to oppress or unfairly to prejudice a defendant before the court, I have no doubt that it is the duty of the court to inquire into the situation and ensure that its procedure is not being so abused. Usually no doubt such inquiry will be prompted by a complaint on the part of the defendant. But the duty of the court in my view exists even in the absence of a complaint.’
Leggatt J said: ‘Where a prosecutor applies to withdraw one charge and substitute another, which on the face of it is less serious, the magistrates’ court will ordinarily have no reason to object, and indeed no ground for doing so, provided that their powers of sentence remain sufficient. Here it is said that the stipendiary magistrate should have required the prosecutor to proceed on the charge of attempted theft instead of the charge of interfering with a motor vehicle, because the effect of the substitution was, as it is put, to deprive the defendant of his right to trial by jury. It is therefore said to have constituted an abuse of process, notwithstanding that the applicant was thereby rendered vulnerable to a less severe maximum punishment.
The key to the determination of this case appears to me to be that a defendant arraigned in a magistrates’ court has in truth no absolute right to trial by jury. Whether he has such a right depends on the charge which is preferred against him. Until the more serious charge . . was withdrawn the applicant enjoyed such a prospective right, but in relation to the less serious charge he did not. To speak of depriving the applicant of his right to trial by jury is . . only a pejorative way of making the point that upon reduction of the charge he ceased to be confronted by a charge sufficiently serious to warrant a right to trial by jury. In the absence of bad faith on the part of the prosecutor or of unfairness or prejudice to the accused, the prosecutor’s motive in making the substitution was irrelevant. The question is whether the substitution is in this sense a proper one.’
and ‘Whilst it is no doubt preferable that the charge ultimately made against a defendant should be correct in the first place that cannot always occur.’

Judges:

Bingham LJ, Leggatt J

Citations:

[1990] RTR 220

Jurisdiction:

England and Wales

Cited by:

CitedLouca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Practice

Updated: 20 May 2022; Ref: scu.380336

Regina v Mitchell: CACD 1977

The court considered the effect of changes in the law after a conviction on applications for leave to appeal out of time.
Held: Lane LJ said: ‘This is an application for an extension of time in which to appeal against conviction. It should be clearly understood, and this Court wants to make it even more abundantly clear, that the fact there has been an apparent change in the law or, to put it more precisely, that previous misconceptions about the meaning of a statute have been put right, does not afford a proper ground for allowing an extension of time in which to appeal against conviction.’

Judges:

Lane LJ

Citations:

(1977) 65 Cr App R 185

Jurisdiction:

England and Wales

Cited by:

ApprovedRegina v Hawkins (Paul) CACD 2-Aug-1996
The defendant sought leave to appeal out of time after a guilty plea.
Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, . .
CitedSteele, Whomes and Corry , Regina v CACD 22-Feb-2006
The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the . .
CitedRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 20 May 2022; Ref: scu.244710

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove the threat, and could the threat of harm be achieved by some lesser order. Only then could a court come to ask whether the degree of risk which might be run outweighed the competing duty to provide an open system of justice This was a case in which it had been necessary to order a split trial, and in addition to other factors the later trial may have been prejudiced by reporting of the first, and the order was properly made.
Longmore LJ said: ‘It is clear that the duty of the Court of Appeal when exercising this jurisdiction is not merely to review the decision of the trial judge who made the order under challenge, but rather to come to its own independent conclusions on the material placed before it’

Judges:

Longmore LJ

Citations:

Times 12-Jun-2001, Gazette 12-Jul-2001, [2001] EWCA Crim 1075, [2001] 1 WLR 1983

Links:

Bailii

Statutes:

Contempt of Court Act 1981 4(2), Criminal Justice Act 1988 159, European Convention on Human Rights 6 10

Jurisdiction:

England and Wales

Cited by:

CitedA and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media, Human Rights, Criminal Practice

Updated: 19 May 2022; Ref: scu.88666

Regina v Tantram; Regina v Bibby etc: CACD 24 May 2001

The defendants appealed against their convictions for conspiracy in have combined to put into the human food chain poultry meat which had been condemned as unfit. The jury after retiremen had indicated that they had reached agreement on some charges, but wanted guidance on the rest. They were called into court and gave verdicts which were inconsistent with the first note. On further retirement they sent a second note wich indicated that the verdicts taken were wrong.
Held: The appeal was allowed in part. Thoughit would have been better if the judge had disclosed the full text of the jury’s first note immediately, it had not in fact affected the value of the verdict.
A trial judge has a discretion to accept an amendment to a jury verdict, but only in circumstances which disallowed the possibility of there having been a change of mind. The jury had delayed 27 minutes before delivering a note to the judge indicating a desire to alter the verdict. That delay was too long, and the verdict stood.

Judges:

Rose LJ VP CACD, Hunt, Mackay JJ

Citations:

Times 20-Jul-2001, [2001] EWCA Crim 1364

Links:

Bailii

Statutes:

Contempt of Court Act 1981 8

Jurisdiction:

England and Wales

Citing:

CitedRegina v Andrews 1986
Two defendants were tried for causing injuries to one child. The jury convicted the female defendant, of positive acts of cruelty against the child and returned a verdict of not guilty of those acts in respect of the male defendant. After the police . .
CitedLalchan Nanan v The State PC 1986
(Trinidad and Tobago) The Board refused to admit evidence that four members of the jury, including the foreman, were acting under a misapprehension when they agreed to the verdict. However, the Board accepted the possibility that other cases might . .
CitedRex v Green 1950
Lord Goddard CJ said: ‘Any communication between a jury and the presiding judge must be read out in court, so that both parties, the prosecution and the defence, may know what the jury are asking and what is the answer ‘ . .
CitedRegina v Gorman CACD 1987
Lord Lane CJ said: ‘ . . certain propositions can now be set out as to what should be done by a judge who receives a communication from a jury which has retired to considered its verdict.
First of all, if the communication raises something . .
CitedRamstead v The Queen PC 2-Dec-1998
New Zealand. Where a judge had received a note from the jury as to intended riders to their verdict, he was obliged to notify counsel and, having seen the foreman of the jury in chambers in counsel’s absence, the verdicts had constituted a material . .
CitedRegina v Maloney CACD 25-Mar-1996
The jury retired on a Friday. They did not agree and a majority direction was given. Later the clerk asked the foreman whether at least 10 of the jury were agreed upon a verdict. He answered, ‘Yes’. Asked what the verdict was, the foreman answered, . .
CitedRegina v Townsend 1982
Where a judge in a criminal trial received a note from the jury as to voting intentions, it would have both been possible and appropriate for the judge to tell counsel that he had a note showing unanimity on some counts and a division of opinion on . .
CitedEllis v Deheer 1922
The court heard an application for a new trial of a civil action which had been tried before a jury on the ground that the verdict as delivered by the foreman was not the verdict of the jury.
Held: A jury’s deliberations cannot be questioned. . .
CitedRegina v Froud CACD 1990
The defendant appealed saying that the judge had wrongly accepted an amendment of the jury’s verdict.
Held: The appeal was dismissed. The verdict of not guilty had been corrected almost instantaneously and the judge had rightly exercised his . .
CitedRegina v Orgles and Another CACD 9-Jun-1993
Jurors were not to be questioned individually as to on their capacity to continue. Any questions must be put through the foreman, while the whole jury was in open court. It is an irregularity to question individual jurors in the absence of the . .
CitedRegina v Follon CACD 1994
The conviction was quashed where the jury, having been unable to agree and been discharged, there was a disturbance in the public gallery. The judge asked the jury to retire again and they returned a verdict of guilty. . .
CitedRegina v Millward CACD 7-Apr-1998
The defendant was tried for causing grievous bodily harm. After a majority direction, the jury returned, finding him guity. When asked if this was ‘the verdict of you all’, the formean replied ‘Yes’. The day after, he wrote to the judge to say that . .

Cited by:

CitedMaxwell, Regina v SC 20-Jul-2011
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 May 2022; Ref: scu.88687

Regina v Charles, Regina v Tucker: CACD 20 Feb 2001

Charles had absconded on the day he was convicted of robbery shortly before the summing up. He was arrested over a year later and sentenced. He gave instructions to his solicitors to advance and renew his applications for leave to appeal conviction and the necessary extension of time. Tucker had absconded two days before he was convicted of sexual assaults and he remained unlawfully at large at the time of the hearing before the Court. His solicitors submitted grounds of appeal against conviction and maintained that they were still in touch with him and had his authority to proceed.
Held: Courts should allow some flexibility in dealing with appeals out of time by defendants convicted in their absence after absconding. The former more rigorous approach of R v Jones should not be followed in the light of the re-inforced need for a fair trial.

Judges:

Rose VP CACD LJ, Hooper, Goldring JJ

Citations:

Times 20-Feb-2001, [2001] EWCA Crim 1755, [2001] 2 Cr App R 15

Links:

Bailii

Statutes:

Human Rights Act 1998

Cited by:

CitedSuchedina v Regina; similar CACD 27-Oct-2006
Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired.
Held: . .
CitedOkedare, Regina v CACD 27-Feb-2014
The court heard applications for leave to appeal on behalf of applicants who had either absconded or disappeared.
Held: The court considered whether the lawyers filing the appeals had authority, whether express or implied. ‘we are satisfied . .
AppliedRiley and Others, Regina v CACD 1-Nov-2012
Two of the applicants had absconded. One of them Bradley absconded during his first trial, and was convicted in his absence at a re-trial. He sought to persuade the Court that grounds of appeal lodged on his behalf by counsel and solicitors who . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 19 May 2022; Ref: scu.88408

Regina v West (Rosemary): CACD 3 Apr 1996

Payments to witnesses in criminal trials by media need investigation and control. Nevertheless, the fact that a number of witnesses had sold their stories to the media before the trial, which was disclosed to the defence before or during the trial, was not considered to give rise to even an arguable ground of appeal. Lord Taylor CJ said: ‘But, however lurid the reporting, there can scarcely ever have been a case more calculated to shock the public who were entitled to know the facts. The question raised on behalf of the defence is whether a fair trial could be held after such intensive publicity adverse to the accused. In our view, it could. To hold otherwise would mean that if allegations of murder are sufficiently horrendous so as inevitably to shock the nation, the accused cannot be tried. That would be absurd. Moreover, providing the judge effectively warns the jury to act only on the evidence given in court, there is no reason to suppose that they would do otherwise.’

Judges:

Lord Taylor CJ

Citations:

Times 03-Apr-1996, [1996] 2 Cr App R 374, 95/7813/S2

Jurisdiction:

England and Wales

Cited by:

CitedSteele, Whomes and Corry , Regina v CACD 22-Feb-2006
The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the . .
CitedRegina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
CitedHM Attorney General v MGN Ltd and Another Admn 29-Jul-2011
The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 19 May 2022; Ref: scu.88287

Regina v Warley Magistrates Court, ex parte Director of Public Prosecutions; Same v Staines Magistrates Court, ex parte Same; Etc: QBD 13 May 1998

Once a guilty plea has been accepted in the Magistrates Court to an either way case, the Magistrates may still commit for sentence after hearing all factors including the defendant’s antecedents, but he should be allowed to make representations. Magistrates are to commit a defendant for sentence to the Crown Court only when satisfied that their own sentencing powers were insufficient.

Judges:

Kennedy LJ, Brian Smedley J

Citations:

Times 18-May-1998, Gazette 17-Jun-1998, [1998] EWHC Admin 539, [1999] 1 WLR 216

Links:

Bailii

Statutes:

Magistrates Courts Act 1980 17A

Cited by:

CitedGillan v The Director of Public Prosecutions Admn 15-Feb-2007
Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 May 2022; Ref: scu.88263

Regina v Secretary of State for the Home Department and Another, Ex Parte Finninvest Spa and Others: QBD 23 Oct 1996

The referral of an approach from the Italian authorities for help to the Serious Fraud Office was not wrong. Where assistance is being given to an authority abroad in relation to an on-going investigation both the letter of request and the draft warrant are likely of necessity to be drawn in wide terms. The 1990 Act ‘created a wholly new scheme for mutual assistance with regard to criminal investigations, a scheme under which it would plainly be necessary to examine altogether more material than would ultimately constitute evidence at any trial.’ and ‘What is under investigation here is, after all, as the respondents point out, a wide-ranging, multi-faceted, international fraud involving far-reaching allegations against a large number of individuals in connection with an even larger number of companies. Considering, moreover, that it is at the investigative stage, one can hardly look to greater particularisation of the offences than is contained in the letter of request. So far from this being a fishing expedition, specific allegations of fact are made concerning the. setting up of an elaborate network of overseas companies and the various ways in which. the false accounting has been committed. The documentation which it is believed will establish or support these allegations is or rather was with C.M.M. Ltd and Mr Mills. In short the request for assistance here is not, as the applicants contend, vague and speculative; rather it is as precise and focussed as such a. request could sensibly be in these circumstances. ‘

Judges:

Simon Brown LJ, Gage J

Citations:

Times 11-Nov-1996, [1996] EWHC Admin 142, [1997] 1 WLR 743, [1995] 2 BCLC 585, [1997] COD 94, [1997] Crim LR 213, [1997] 1 Cr App R 257, [1997] 1 All ER 942

Links:

Bailii

Statutes:

Crime (International Co-operation) Act 1990, European Convention on Mutual Assistance in Criminal Matters 1959

Cited by:

CitedEnergy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
CitedCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 May 2022; Ref: scu.87815

Regina v Ealing Magistrates’ Court ex parte Satnam Sahota: QBD 10 Nov 1997

A delay in appeal against a decision taken in the absence of the accused is not the sole ground to be considered for the refusal of a rehearing.

Citations:

Gazette 26-Nov-1997, Times 09-Dec-1997, [1997] EWHC Admin 993

Links:

Bailii

Statutes:

Criminal Appeal Act 1995

Criminal Practice, Magistrates

Updated: 19 May 2022; Ref: scu.86609

Ramstead v The Queen: PC 2 Dec 1998

New Zealand. Where a judge had received a note from the jury as to intended riders to their verdict, he was obliged to notify counsel and, having seen the foreman of the jury in chambers in counsel’s absence, the verdicts had constituted a material irregularity

Judges:

Lord Steyn

Citations:

Times 03-Dec-1998, [1998] UKPC 47, [1999] 2 WLR 698, [1999] 2 AC 92

Links:

Bailii

Citing:

EndorsedRegina v Gorman CACD 1987
Lord Lane CJ said: ‘ . . certain propositions can now be set out as to what should be done by a judge who receives a communication from a jury which has retired to considered its verdict.
First of all, if the communication raises something . .

Cited by:

CitedRegina v Tantram; Regina v Bibby etc CACD 24-May-2001
The defendants appealed against their convictions for conspiracy in have combined to put into the human food chain poultry meat which had been condemned as unfit. The jury after retiremen had indicated that they had reached agreement on some . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth

Updated: 19 May 2022; Ref: scu.85663

Regina v Campbell: CACD 14 Jul 1994

The judge is to give the jury a warning as to the strength and reliability of a handicapped person’s statement made in the absence of an appropriate adult, unless the case was strong without it.

Citations:

Times 14-Jul-1994, Ind Summary 29-Aug-1994

Statutes:

Police and Criminal Evidence Act 1984 77

Jurisdiction:

England and Wales

Criminal Practice

Updated: 19 May 2022; Ref: scu.86284

Regina (Wardle) v Leeds Crown Court: HL 24 May 2001

The defendant had been held in custody awaiting committal on a murder charge. An additional charge of manslaughter was added. The defendant argued that this did not constitute a new offence so as to allow an extension of custody time limits.
Held: The issue was the actual information laid before the magistrates and whether the second one constituted a different offence. If it did, the custody time limits restarted in the absence of some abuse. The regulations did not infringe the defendant’s human right to liberty.
Lord Hope said that before having recourse to section 3 one must first be satisfied that the ordinary construction of the provision gives rise to an incompatibility.

Judges:

Lord Slynn of Hadley Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Clyde Lord Scott of Foscote

Citations:

Gazette 24-May-2001, Times 13-Mar-2001, [2001] UKHL 12, [2001] 2 All ER 1, [2001] 2 Cr App Rep 20, [2001] 2 WLR 865, (2001) 165 JPN 327, [2001] ACD 82, (2001) 165 JP 465, [2001] HRLR 29

Links:

House of Lords, Bailii

Statutes:

Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299) 4, Human Rights Act 1998 3

Jurisdiction:

England and Wales

Cited by:

CitedANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates, Human Rights

Updated: 19 May 2022; Ref: scu.86017

Regina v Northallerton Magistrates, ex parte Dove: QBD 17 Jun 1999

The defendant having provided sufficient evidence of his means, a court awarding prosecution costs, where the other penalty is a fine, should not allow these to be completely disproportionate to the fine. Where a defendant failed to provide sufficient information the justices were entitled to draw reasonable inferences about what they might be. Costs orders are not to be used to punish the defendant for exercising his right to defend himself. Lord Bingham C : ‘While there is no requirement that any sum ordered by justices to be paid to a prosecutor by way of costs should stand in any arithmetical relationship to any fine imposed, the costs ordered to be paid should not in the ordinary way be grossly disproportionate to the fine’.

Judges:

Lord Bingham CJ

Citations:

Times 17-Jun-1999, [1999] EWHC Admin 499, [2000] 1 Cr App R (S) 136

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 18

Cited by:

CitedInterfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
CitedBrooklyn House Ltd v Commission for Social Care Inspection Admn 25-May-2006
The defendant company had been convicted of failing to keep proper drugs records in the nursing home it ran.
Held: The prosecution by the CSCI ws necessarily authorised by the CSCI. As to the issue of intention, the offences alleged were ones . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 19 May 2022; Ref: scu.85434

Regina v Shannon (Also Known As Alford): CACD 11 Oct 2000

The defendant had been enticed to commit a crime involving supply of controlled drugs by a journalist acting as an agent provocateur.
Held: Entrapment is not a defence in UK law. It was open to the judge hearing the prosecution to exclude the evidence on the grounds that it was unfair, but there was no principle which required its exclusion. When considering whether or not to exclude the evidence on the basis that the offence had been committed at the behest of an agent provocateur, the mere fact of entrapment was not of itself sufficient to justify exclusion. Before excluding such evidence the judge must consider the effect of the entrapment on the unfairness of the proceedings as a whole.

Judges:

Lord Justice Potter Mr Justice Hidden And Her Honour Judge Ann Goddard QC

Citations:

Times 11-Oct-2000, Gazette 19-Oct-2000, [2000] EWCA Crim 1535, [2001] 1 Cr App R 168

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Citing:

CitedRegina v Smurthwaite; Regina v Gill CACD 5-Oct-1993
It is not a defence merely to show that there had been entrapment or the use of an agent provocateur, but the Judge has a discretion to exclude the evidence obtained if it would be unfair to use it. The need is to ensure a fair trial. . .

Cited by:

CitedA, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 May 2022; Ref: scu.85550

Preston Borough Council v McGrath: ChD 18 Feb 1999

The defendant had been interviewed by the police investigating allegations of corruption. The Council in its civil claim, exhibited documents received from the police, and obtained in that investigation. The receipt of documents by a defendant under an implied undertaking not to use them for another purpose, implied no similar cross undertaking on behalf of the prosecution. The purpose of the undertaking is not served by such an implication.

Judges:

Burton J

Citations:

Times 18-Feb-1999, Gazette 24-Feb-1999

Jurisdiction:

England and Wales

Cited by:

Appeal fromPreston Borough Council v McGrath CA 12-May-2000
The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Local Government, Police

Updated: 19 May 2022; Ref: scu.85029

Regina v Cairns: CACD 8 Mar 2000

It might still be proper for the Court of Appeal to admit evidence on an appeal which had not been made available on the trial, even though there appeared no sufficient reason why it had not been presented. Where the evidence was expert evidence which would have been admissible, was capable of belief, and might have based grounds for an appeal, and if the interests of justice and expediency so required, it could be admitted by the appellate court.

Citations:

Times 08-Mar-2000, [2000] EWCA Crim 21

Links:

Bailii

Criminal Evidence, Criminal Practice

Updated: 19 May 2022; Ref: scu.85163

Mitchell v The Queen: PC 24 Jan 1998

(Bahamas) The judge’s decision on a voire dire to determine the admissibility of a confession should not be revealed to the jury since it might cause unfair prejudice to the defendant by conveying the impression that the judge had reached a concluded view on the credibility of the relevant witnesses and of the defendant. Lord Steyn said: ‘The vice is that the knowledge by the jury that the judge has believed the police and disbelieved the defendant creates the potentiality of prejudice. A jury of laymen, or some of them, might be forgiven for saying: ‘Well the judge did not believe the defendant, why should we believe him?’ At the very least it creates the risk that the jury, or some of them, may be diverted from grappling properly and independently with a defendant’s allegations of oppression so far as it is relevant to their decision. And such an avoidable risk of prejudice cannot be tolerated in regard to a procedure designed to protect a defendant.’ and as to whether this defect could be cured by the judge’s directions: ‘This was a serious irregularity, notably because it was calculated to convey to the jury that the judge had arrived at a concluded view that he ought to accept the evidence of the police witnesses and Franklyn Williams and reject the evidence of the defendant. That was the basis on which the jury then heard the evidence about the confessions over a number of days. The judge did not subsequently tell the jury to ignore his decision as to voluntariness of the confessions. For these reasons their Lordships cannot accept the Crown’s preliminary submission that the irregularity was ex post facto cured.’

Judges:

Lord Steyn

Citations:

Times 24-Jan-1998, [1998] UKPC 1, [1998] AC 695

Links:

Bailii

Cited by:

CitedMichael Adams and Frederick Lawrence v Regina PC 18-Mar-2002
PC (Jamaica) The defendants appealed against convictions for non-capital murder. Because of delays, the defendants had served almost the full minimum sentence.
Held: The trial judge had heard a plea of no . .
CitedTaylor v The Queen PC 13-Mar-2006
(Jamaica) The defendant appealed against his conviction for murder. He complained that admissions against each other by the co-defendants had been entered in evidence despite his allegations of police mistreatment. The statement was the only . .
CitedMitcham v The Queen PC 16-Mar-2009
(Saint Christopher and Nevis) The applicant appealed against his sentence of death following his conviction for murder. He had been granted a stay of execution pending the appeal to the board and had since been given leave to appeal against . .
AppliedThompson v The Queen PC 16-Feb-1998
(Saint Vincent and the Grenadines) When a defendant is of good character, ie has no convictions of any relevance or significance, he is entitled to the benefit of a good character direction from the judge when summing up to the jury, tailored to fit . .
CitedKrishna v The State PC 6-Jul-2011
krishna_statePC11
(Trinidad and Tobago) The applicant appealed against his conviction for murder, complaining as to the way a former co-accused had been allowed to give evidence and the admission of a confession, saying that he had been beaten by police officers.
CitedWilliams v The Queen PC 25-Apr-2006
PC Jamaica – the appellant had been twelve when convicted on his own confession of murder. He said that the statement after oppression. The statement had been challenged but admitted without following the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth

Updated: 19 May 2022; Ref: scu.83776

In Re Sternberg Reed Taylor and Gill (A Firm): CACD 26 Jul 1999

Negligence on the part of a solicitor was capable of falling within the range of ‘unnecessary or improper act or omission’ so as to leave him open to a wasted costs order. A clerk, having stood near the place where the jury assembled, discussed the case with the defendant. A re-trial was necessary, and could easily have been avoided.

Citations:

Times 26-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Crim 1870

Links:

Bailii

Statutes:

Costs in Criminal Cases (General) Regulations 1986 (1986 No 1335) 3(c)

Jurisdiction:

England and Wales

Criminal Practice, Legal Professions, Costs

Updated: 19 May 2022; Ref: scu.82203

Elliott (Angus Gordon) v HM Advocate: HCJ 24 Mar 1995

New evidence on an appeal was admissible only in accordance with the Act.

Judges:

Lord Justice Clerk Ross

Citations:

Times 16-May-1995, 1995 JC 95, [1995] ScotHC HCJ – 2, 1995 SLT 612, 1995 SCCR 280

Links:

Bailii

Statutes:

Criminal Procedure (Scotland) Act 228(2)

Cited by:

CitedFraser v Her Majesty’s Advocate SC 25-May-2011
The defendant appealed against his conviction for murder, saying that the prosecution had failed to disclose certain matters.
Held: The appeal succeeded, the conviction was quashed and the case remitted to the Scottish courts to consider . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Scotland

Updated: 19 May 2022; Ref: scu.80299

Dunkley and Robinson v The Queen: PC 1 Nov 1994

(Jamaica) The appellant’s counsel had walked out of a murder trial after a dispute with the judge, leaving the appellant unrepresented for the remainder of the proceedings.
Held: A defendant in a capital murder case is to be allowed to find new counsel after his counsel quit. A case which had continued without this being allowed was unfair: ‘. . . where a defendant faces a capital charge and is left unrepresented through no fault of his own the interest of justice require that in all but the most exceptional cases there be a reasonable adjournment to enable him to try and secure alternative representation.’

Citations:

Independent 01-Nov-1994, Gazette 09-Nov-1994, [1995] 1 AC 419

Citing:

AppliedRobinson v The Queen PC 1985
Where a defendant found himself unrepresented on the day of trial, an adjournment should be granted. The constitutional right to representation was not a guarantee of representation but a right for the defendant to arrange representation at his own . .

Cited by:

CitedGianchand Jahree v The State PC 28-Feb-2005
(Mauritius) The defendant appealed his conviction for possession of counterfeit bank notes, saying he had been unrepresented throughout, and that the magistrate had intervened in the character of a prosecutor.
Held: The right to representation . .
CitedGianchand Jahree v The State PC 28-Feb-2005
(Mauritius) The defendant appealed his conviction for possession of counterfeit bank notes, saying he had been unrepresented throughout, and that the magistrate had intervened in the character of a prosecutor.
Held: The right to representation . .
CitedGrant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
CitedDelroy Ricketts v The Queen PC 15-Dec-1997
(Jamaica) Special leave was granted to the defendant to appeal his conviction for murder. Counsel had been late for his trial, and the jury empanelled. When counsel arrived he said the defendant had not understood the judge. A trial took place as to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth

Updated: 19 May 2022; Ref: scu.80170

Dudley Metropolitan Borough Council v Debenhams Plc: QBD 16 Aug 1994

A search by Trading Standards officers was subject to the PACE codes of Practice even though it may be described as a routine inspection. The officers had an obligation to specify the power under which they acted.

Citations:

Times 16-Aug-1994

Statutes:

Police and Criminal Evidence Act 1984

Criminal Practice

Updated: 19 May 2022; Ref: scu.80156

Director of Public Prosecutions v Cottier: QBD 22 Feb 1996

Proceedings against a youth begin at court; notice need not be given to the youth panel before the charge itself is made at police station. When considering whether proceedings have been ‘begun’ in any court for the section Saville LJ, said: ‘We were referred to a number of authorities which considered somewhat similar provisions, but all I glean from those is that the answer to the question when proceedings are instituted or begun depends on the context in which the words are used and the purpose of the provision.’

Judges:

Saville LJ

Citations:

Times 22-Feb-1996, [1996] 1 WLR 826

Statutes:

Children and Young Persons Act 1969 34(2)

Cited by:

CitedRockall v Department for Environment, Food and Rural Affairs Admn 22-Mar-2007
The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun.
Held: There was no justification for reading the wording of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 19 May 2022; Ref: scu.79996

Director of Public Prosecutions v Ara: QBD 16 Jul 2001

The defendant had been interviewed at the police station, and told that, in the light of his admission, he would be cautioned. He returned with a solicitor, who said that before he could advise his client to accept the caution, he needed to hear the interview tape, and to see the evidence. The police refused access, and the defendant was charged. He then successfully applied for the proceedings to be stayed as an abuse of process. The prosecutor appealed. The court said that without that information, the solicitor could not properly advise his client. The defendant was entitled to informed legal advice. This should not be taken as creating a general obligation on police to provide wide ranging disclosure before charge.

Judges:

Rose LJ, Silber J

Citations:

Times 16-Jul-2001, Gazette 23-Aug-2001

Criminal Practice, Police

Updated: 19 May 2022; Ref: scu.79980

Crummock (Scotland) Ltd v Hm Advocate: HCJ 9 May 2000

A company was charged with causing a contamination of the water over a large area, and the jury was drawn from that same area, and therefore might contain members who had drunk the water alleged to have been contaminated. The issues surrounding the impartiality of a jury were different from those about a judge. They were selected at random from a wide area. It was fallacious to view them as potential complainants.

Citations:

Times 09-May-2000

Statutes:

European Convention on Human Rights

Criminal Practice, Human Rights, Scotland

Updated: 19 May 2022; Ref: scu.79701

Rupert Crosdale v The Queen: PC 6 Apr 1995

(Jamaica) A court’s insistence that a submission of no case to answer must be made in the presence of jury was unfair. When considering submissions of no case to answer, the judge should invite the jury to retire and, if he decided to reject the plea, he should say nothing to the jury about it. Where in any case the jury had remained in court during the submissions, the question for the appeal court would be whether in the circumstances of the case there was any significant risk of prejudice having resulted from the irregularity.

Citations:

Gazette 21-Jun-1995, [1995] 1 WLR 864, [1995] UKPC 1, Appeal No 13 of 1994

Links:

Bailii, PC, PC

Jurisdiction:

England and Wales

Cited by:

CitedMichael Adams and Frederick Lawrence v Regina PC 18-Mar-2002
PC (Jamaica) The defendants appealed against convictions for non-capital murder. Because of delays, the defendants had served almost the full minimum sentence.
Held: The trial judge had heard a plea of no . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 May 2022; Ref: scu.79678

Chan Wai-Keung v The Queen: PC 10 Jan 1994

(Hong Kong) Evidence from a witness who was awaiting sentence in an unrelated matter was admissible since the jury had been warned of the dangers of such evidence. Lord Mustill said: ‘Once the courts have taken the large step, as they undoubtedly have, of recognising that circumstances may justify the calling of a witness who stands to gain by giving false evidence, it becomes impossible to say that what happened in the present case was necessarily contrary to the proper conduct of the murder trial. What was required was that the potential fallibility of [the witness] should be put squarely before the jury, and this is what was done.’
Evidence from a convict looking for a reduced sentence was admissible with an appropriate warning.

Judges:

Lord Mustill

Citations:

Times 21-Dec-1994, Independent 10-Jan-1994, [1995] 2 Cr App R 194, [1994] UKPC 47

Links:

Bailii

Cited by:

CitedGibson, Regina v CACD 11-Jan-2006
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Evidence, Commonwealth, Commonwealth

Updated: 19 May 2022; Ref: scu.78971

Cable et Al v United Kingdom: ECHR 18 Feb 1999

The English Courts martial system did not give a fair trial because the role of the convening officer meant that the tribunal was not sufficiently independent or impartial since the officer might outrank the court and could dissolve the proceedings.
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings.

Judges:

L Wildhaber P

Citations:

Times 11-Mar-1999, (2000) 30 EHRR 1032, 24436/94;24582/94;24583/94;, [1999] ECHR 8

Links:

Bailii

Statutes:

European Convention on Human Rights

Human Rights, Armed Forces, Criminal Practice

Updated: 19 May 2022; Ref: scu.78815

British Waterways Board v Norman: QBD 11 Nov 1993

A solicitor cannot claim payment from the other party of costs he would not ask his own client to pay. An implied contingency agreement with his client could defeat a claim for payment of costs from the other party. There was never any intention on the part of the solicitors to create any liability for their own costs if the proceedings failed. It therefore followed that they sought to conduct the case on a contingency basis, such basis being contrary to public policy in any criminal trial such as this.

Citations:

Ind Summary 29-Nov-1993, Times 11-Nov-1993, [1993] 22 HLR 232

Statutes:

Environmental Protection Act 1990 79

Costs, Legal Professions, Criminal Practice, Housing

Updated: 18 May 2022; Ref: scu.78651

Brooks v Director of Public Prosecutions and Another: PC 2 Mar 1994

(Jamaica) The DPP successfully applied for a voluntary bill after the resident magistrate had discharged the defendant on the ground that having heard the evidence, there was no case to answer. The challenge to the DPP’s decision to seek a voluntary bill was advanced not on the ground of double jeopardy, but rather of abuse of process.
Held: The DPP or the judge should treat the decision of the resident magistrate with the greatest respect and regard their jurisdiction as one to be exercised with great circumspection. There have to be exceptional circumstances to warrant prosecuting a defendant after it has been found in committal proceedings that there is no case to answer. Nevertheless, a judge has the power to issue a voluntary bill of indictment ex parte.

Judges:

Lord Woolf

Citations:

Gazette 02-Mar-1994, [1994] 1 AC 568, [1994] UKPC 1

Links:

Bailii

Cited by:

CitedRegina (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 . .
CitedGadd, Regina v QBD 10-Oct-2014
The prosecutor sought leave to bring a voluntary bill of indictment, to pursue historic sex abuse allegations against the defendant. The defendant objected to counts founded on facts which were the substance of a charge of indecent assault . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth

Updated: 18 May 2022; Ref: scu.78679

Birse v Hm Advocate: HCJ 28 Jun 2000

Where a magistrate had heard a proper description of the reasons for granting a search warrant, it was not an abuse of the suspect’s human rights to execute it, even though he had not had chance to make any representations about the search. The right to an effective remedy was not to be enshrined in UK law, and this came close to such a claim.

Citations:

Times 28-Jun-2000

Human Rights, Scotland, Criminal Practice

Updated: 18 May 2022; Ref: scu.78422

Bank of England v Gibson: QBD 9 May 1994

A court need not be satisfied as to the exact date of a theft, in order to make a finding that a theft had happened. The level of proof required in civil fraud cases will vary with the seriousness of allegation.

Citations:

Times 09-May-1994, Ind Summary 30-May-1994

Criminal Practice, Litigation Practice

Updated: 18 May 2022; Ref: scu.78155

Attorney-General v Birmingham Post and Mail Ltd: QBD 31 Aug 1998

The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict liability rules did not help. Simon Brown LJ said: ‘It seems to me necessarily to follow . . that one and the same publication may well constitute a contempt and yet, even though not substantially mitigated in its effect by a temporary stay and/or change of venue, not so prejudice the trial as to undermine the safety of any subsequent conviction. To my mind that can only be because section 2(2) postulates a lesser degree of prejudice than is required to make good an appeal against conviction . . In short section 2(2) is designed to avoid (and where necessary punish) publications even if they merely risk prejudicing proceedings, whereas a stay will generally only be granted where it is recognised that any subsequent conviction would otherwise be imperilled, and a conviction will only be set aside . . if it is actually unsafe.’
As to the case of Unger, Simon Brown LJ said: ‘I still think that to create a seriously arguable ground of appeal is a sufficient basis for finding strict liability contempt. Clearly it is a relevant consideration too that when a judge at first instance is deciding whether or not to grant a temporary stay. But more particularly the trial judge will ask himself: ‘is there a real danger that the jury cannot reach a just verdict, or the defendant have a fair trial?’ The judge will have to form a view as to just how seriously prejudicial the publication is, to what extent it can be mitigated by special directions, how desirable it is to avert a possible risk of a successful appeal on that ground, and how inconvenient and costly in the particular circumstances a stay would be (depending in large part no doubt on how far into the trial the problem arises).’

Judges:

Simon Brown LJ, Thomas J

Citations:

Times 31-Aug-1998, Gazette 30-Sep-1998, [1998] EWHC Admin 769, [1999] 1 WLR 361, [1999] EMLR 39, [1998] 4 All ER 49

Links:

Bailii

Statutes:

Contempt of Court Act 1981 2(2)

Citing:

CitedAttorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited Admn 3-Jul-1997
Complaint was made that the defendant newspapers had caused a serious prejudice to a trial by articles published before the trial of the defendant in criminal proceedings. The defendant pleaded guilty to theft at the magistrates’ court after she had . .

Cited by:

CitedAllen v The Grimsby Telegraph and Another QBD 2-Mar-2011
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but . .
CitedHM Attorney General v MGN Ltd and Another Admn 29-Jul-2011
The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Criminal Practice, Media

Updated: 18 May 2022; Ref: scu.77978

Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001

When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a suspect could suffer material prejudice from the date of the interview, that would often not be the case. The previous law was that a stay for abuse of process should be granted only in exceptional cases and where the defendant could show that because of the delay he would suffer serious prejudice which denied him the chance of a fair trial. Under Human Rights law, proceedings should still only be stayed where the conduct of the prosecution amounted to an abuse of the proceedings of the courts.

Judges:

Lord Woolf CJ, Wright and Grigson JJ

Citations:

Times 12-Jul-2001, Gazette 23-Aug-2001, [2001] 1 WLR 1869, [2001] EWCA Crim 1568

Statutes:

European Convention on Human Rights Art 6.1

Citing:

FollowedAttorney General’s Reference (No 1 of 1990) CACD 3-Jun-1992
The jurisdiction to stay criminal proceedings on the ground of delay is exceptional, even where the delay was unjustifiable, and a stay should rarely be imposed in the absence of any fault on the part of the complainant or prosecution, and should . .

Cited by:

CitedPlinio Galfetti v Regina CACD 31-Jul-2002
The defendant had been convicted of various offences of violence but then was then to be held in a secure mental hospital. A place was not available, and an order only became available some nine months later, at which time, he argued that the order . .
CitedRegina v HM Advocate and The Advocate General for Scotland PC 28-Nov-2002
(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights.
Held: . .
CitedRegina v Ashton, Lyons and Webber CACD 6-Dec-2002
The appellants had appealed sentences for conspiracy to murder. There had been an inordinate delay between leave to appeal having been granted, and the appeal being heard.
Held: The appellants’ rights had been infringed by the delay, and they . .
CitedAaron 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 . .
CitedLloyd 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 . .
Appeal fromAttorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
CitedRegina v S (Crime: delay in prosecution) CACD 6-Mar-2006
The defendant appealed his conviction saying that the prosecution should have been stayed permanently because of the delay in bringing the case. He had been sentenced to 7 years imprisonment for sexual assaults committed in the 1970s.
Held: A . .
CitedCrown Prosecution Service v Bentham Admn 2003
At the trial of a substantive claim for declarations of property rights in the context of confiscation proceedings under the 1986 Act, two interested parties sought to dismissal or stay of the claims dismissed for delay. The proceedings went back to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 18 May 2022; Ref: scu.77964

Ex parte Central Independent Television: 1991

An appeal under section 159 can be made even after the reporting restriction order has been discharged.

Judges:

Lord Lane CJ

Citations:

[1991] 1 WLR 4

Statutes:

Criminal Justice Act 1988 159

Jurisdiction:

England and Wales

Cited by:

CitedSarker, Regina v CACD 13-Jun-2018
The defendant was to face trial under the 2006 Act. He applied for an order under section 4(2) of the 1981 Act postponing the reporting of the proceedings on the grounds that knowledge by the jury of the inquiry and police investigation would be . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 18 May 2022; Ref: scu.620601

Regina v Offield: CACD 2002

The court considered as an additional ground allowing the withdrawal of an abandonment of an appeal: ‘bad advice given by some legal advisor which has resulted in an unintended, ill considered decision to abandon the appeal’.

Judges:

Judge LJ, nHunt J and Keith J

Citations:

[2002] EWCA Crim 1630

Jurisdiction:

England and Wales

Citing:

CitedRegina v Medway CACD 1976
The court had jurisdiction to give an applicant or appellant leave to withdraw a notice of abandonment of appeal or application for leave to appeal only where the notice of abandonment can be treated as a nullity.
Lawson J said: ‘The answer to . .

Cited by:

CitedAhmed, Regina v CACD 29-Jul-2010
The defendant had lodged an appeal from his conviction, but then abandoned it. He now sought to have that treated as a nullity.
Held: The application had not shown grounds which might allow the withdrawal of the abandonment, and was refused. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 May 2022; Ref: scu.620168

B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018

Bail conditions only after detention

B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration bail to a person who can no longer be lawfully detained.’
Held: The HS’ appeal failed. The statutory provisions allowed limits to be placed on an individuals freedom and had to be strictly and restrictively interpreted. That would not allow the addition of such a power by inference.
Parliament is presumed not to interfere with the liberty of a subject without making such an intention clear. The focus here was on a power not of executive detention but to grant bail. Being detained was a condition precedent for the question of bail to arise.

Judges:

Lady Hale, President, Lord Mance, Deputy President, Lord Hughes, Lord Hodge, Lord Lloyd-Jones

Citations:

[2018] UKSC 5, [2018] WLR(D) 81, [2018] AC 418, [2018] HRLR 10, [2018] 2 All ER 759, [2018] 2 WLR 651, [2018] INLR 315, UKSC 2015/0147

Links:

Bailii, WLRD, SC, Sc Sumary, SC Video Summary, SC 2017 Nov 14 am Video, SC 2017 Nov 14 pm Video, SC 2017 Nov 15 am Video, Bailii Summary

Statutes:

Immigration Act 1971, Special Immigration Appeals Commission Act 1997

Jurisdiction:

England and Wales

Citing:

At SIACB v Secretary of State for the Home Department SIAC 30-Jul-2008
Appeal against an order made by the Secretary of State that it will be conducive to the public good that he should be deported, on the grounds that his removal is in the interests of national security. The appellant said that he would not be safe if . .
CitedRegina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
CitedRegina (Konan) v Secretary of State for the Home Department Admn 21-Jan-2004
The claimants alleged that their immigration detention had been unlawful.
Held: Collins J said: ‘Since the detention at least since 24 June 2002 was contrary to the defendant’s own policy as published in Chapter 38, it was unlawful. In so . .
At CAB v The Secretary of State for The Home Department CA 6-May-2015
The appellant was detained under immigration rules. He refused to provide details of his nationality and now complained of his continuing detention in the light of a finding that he was unlikely to be returnable to Algeria, that being what was . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
See AlsoB (Algeria) v Secretary of State for The Home Department SC 30-Jan-2013
B had been under arrest on suspicion of involvement in terrorist activity, but had not revealed his identity, in contempt of court orders to do so, so that the respondent was unable to secure a destiny for his deportation. He had been sentenced to . .
See AlsoB v Secretary of State for The Home Department CA 21-Jul-2011
The defendant appealed against a sentence of imprisonment of four months imposed for his refusal to reveal his true identity. He was in custody suspected of terrorist activities. The identity he had given had been shown to be false, and the Algerian . .
CitedI, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedStellato v The Ministry of Justice CA 14-Dec-2010
The claimant having been released on licence from a prison sentence refused to comply with the conditions of his licence on the ground that he was entitled to be released unconditionally. He was returned to prison. The Divisional Court dismissed his . .
CitedKhera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
CitedIn re Wasfi Suleman Mahmod Admn 17-Jan-1994
Laws J considered the Hardial Singh principles, adding: ‘While, of course, Parliament is entitled to confer powers of administrative detention without trial, the courts will see to it that where such a power is conferred the statute that confers it . .
CitedTan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
CitedAR, Regina (on The Application of) (Pakistan) v The Secretary of State for The Home Department CA 29-Jul-2016
The court was asked ‘If bail is granted by the First Tier Tribunal on conditions, how long do these conditions last and does the Secretary of State or her immigration officers have authority to vary or relax those conditions?’
Held: Paragraph . .
CitedKambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
CitedKhadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
CitedStellato v Secretary of State for the Home Department CA 1-Dec-2006
In 1998, the prisoner had been sentenced to ten years’ imprisonment. He had been released on licence after serving two thirds of that sentence, but then recalled on three occasions. He now sought unconditional release after serving three quarters of . .
CitedOthman, Regina (on The Application of) v Special Immigration Appeals Commission (SIAC) and Others Admn 9-Aug-2012
The court gave its reasons for refusing the claimant’s applications for habeas corpus and permission to seek judicial review of his detention. He was detained pending deportation to Jordan. He resisted saying that if retried in Jordan, the evidence . .
Lists of cited by and citing cases may be incomplete.

Immigration, Criminal Practice

Updated: 18 May 2022; Ref: scu.604212

Regina v Hammond: 1986

Boreham J said: ‘There is clear authority for a proposition, which is contrary to the decision of the learned judge in this case, that where a defendant in the course of interview, whether by oral reply or by statement in writing, makes excuses for his conduct or assertions in his own favour in a mixed statement, those excuses or assertions form part of the evidence in the case. As is pointed out in Duncan, it may be evidence that in the circumstances will not carry a great deal of weight, but at least it is evidence of that which is asserted. The learned judge in this case, as I have indicated, decided to the contrary. We have no doubt that had the decision in Duncan been brought to the judge’s attention his ruling would have been different.’

Judges:

Boreham J

Citations:

(1986) Cr App R 65

Cited by:

CitedSilverman, Regina v CACD 31-Mar-1987
The defendant appealed against his conviction for offences of for dishonesty. He was said ti have grossly overcharged two spinster sisters for work on their home. He said that the judge had failed properly to put his defence before the jury.
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 May 2022; Ref: scu.544348

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 would issue requiring the justices to hear the informations according to law.
Mann LJ said: ‘However, the duty of the court is to hear informations which are properly before it. The prosecution has a right to be heard and there is a public interest that, save in exceptional circumstances, it should be heard’ and ‘We have already stated that in our judgment the respondent justices’ decision to dismiss the information was outwith their statutory power. It was thus a nullity and could not have sustained a plea of autrefois because there had not been a lawful acquittal.’

Judges:

Mann LJ

Citations:

[1993] 1 All ER 411

Cited by:

CitedCrown Prosecution Service, Regina (on the Application of) v Portsmouth Crown Court Admn 1-May-2003
The CPS appealed against dismissal of their case by the Crown Court after no representative had appeared at court to present the case. Counsel had two cases, and had asked this to be held pending completion of the other which then overran. Counsel . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 18 May 2022; Ref: scu.470924

Case XLII 7 H 4, 36 13 H 4, 8 3 H 7, Ch 1 Br Appeal, 12 Dyer, 296 Stamf 107 Kely 92, 94 Carth 18 4 Co 49 A Cont Br Appeal, 55: 1220

In case of a principal and accessary in murder, the principal is attainted upon an indictment at the suit of the King, and outlawed thereupon ; this attainder will not serve in an appeal to arraign the accessary ; the principal ought to be attainted upon an appeal before the accessary shall be arraigned upon an appeal. An attainder, at the King’s suit, at Common Law did not bar an appeal, if it was brought before the attainder; but if brought after the attainder it was otherwise : but now by the stat. H. 7, ch. 1, neither an attainder nor acquittal at the suit of the King bars an appeal for murder, if clergy be not had. Other felonies remain at the Common Law until the appeal is determined.

Citations:

[1220] EngR 610, (1220-1623) Jenk 75, (1220) 145 ER 53 (B)

Links:

Commonlii

Criminal Practice

Updated: 18 May 2022; Ref: scu.461522

Case LXXXVIII 21 E 4, 1 Attaint, Challenge, Judgment: 1220

In an attaint, it is a principal challenge that one of the petty jury is a tenant to one of the grand jury : for if a petty jury be convicted in the attaint, it will be a great prejudice to the seigniory ; for his houses shall be pulled down, and his meadows plowed. The statute of 23 H 8, cap. 3, for attaint, does not takae away the attaint at common law ; but ordains that no attaint shall be brought except in the King’s Bench or Common Pleas at Westminster, and not eIsewhere. In other actions, a challenge that the juror is lord to the party, is only a challenge to the favour.
Juratores debent esse minus suspecti (Jurors should be free of suspicion).

Citations:

[1220] EngR 307, (1220-1623) Jenk 141, (1220) 145 ER 98 (B)

Links:

Commonlii

Natural Justice, Criminal Practice

Updated: 18 May 2022; Ref: scu.461219

Case XVI 12 Ass Pl 21 2 E 3, Ch 8: 1220

A commission of oyer and terminer ought not to issue but for enormous crimes. A supersedeas issues to these commissioners to surcease their proceediirigs, they surcease ; a procedendo comes to them afterwards without a new commission ; these commissioners may well proceed upon it. The King may discharge or annul this commission ; he cannot delay, discharge, or stay the proceedings of justice between the subjects by any mandate under the great or privy seal, the commission or patent of the justices being in force : but he may in his own case, so understand this case. By all the justices. Rex quod est injustum facere non potest.

Citations:

[1220] EngR 94, (1220-1623) Jenk 9, (1220) 145 ER 7 (E)

Links:

Commonlii

Criminal Practice

Updated: 18 May 2022; Ref: scu.461006

Case LI. 10 E 4, 15 Stamf 95 Indictment, Court: 1220

By indictment at a great court held with a leet at a certain place, day and year, it was found that A. had committed such a felony ; this presentment is void ; for it does not appear whether the said presentment was at the leet or at the court-baron ; if at the court-baron, it is void. So such presentment at the County-Court with the sherrif’s turn ; is also void for the same reason.
By the judges in the Exchequer-chamber

Citations:

[1220] EngR 51, (1220-1623) Jenk 124, (1220) 145 ER 87 (B)

Links:

Commonlii

Criminal Practice

Updated: 18 May 2022; Ref: scu.460963

Regina v Samuel: CA 1988

The defendant had been arrested on suspicion of armed robbery. He asked for a solicitor, but one was refused under section 58 of the 1984 Act. He appealed against his conviction saying that he should have been allowed access to a solicitor.
Held: The appeal was allowed. He could not be refused access to a solicitor after charge where, as here, the initial charges had been of burglary, and the inspector refusing access had to justify the refusal of access to any particular solicitor. The right of a suspect to consult and instruct a lawyer ‘as one of the most important and fundamental rights of a citizen’.

Judges:

Hodgson J

Citations:

[1988] QB 615, [1988] 2 WLR 920, (1987) Cr App R 232

Statutes:

Police and Criminal Evidence Act 1984 58(1)

Cited by:

CitedAmbrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
CitedBeeres v Crown Prosecution Service (West Midlands) Admn 13-Feb-2014
The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation.
Held: The appeal failed. A confession is, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions, Police

Updated: 18 May 2022; Ref: scu.445392

Regina v Hall: 1891

On taking an office of trust concerning the public, a person makes himself answerable to the Crown irrespective of who they had been appointed by, and in what way the appointment arose. It is an ‘old principle that where an Act of Parliament creates an offence and prescribes no remedy for it, the offence is indictable at common law.’ Where an offence was not expressly made subject to summary jurisdiction, it could only be tried by a jury.

Citations:

[1891] 1 QB 747

Cited by:

CitedRegina v Bowden (T) CACD 24-Feb-1995
The defendant, a maintenance manager, was accused of misconduct in public office. He had caused works to be carried out by other employees of the local authority on premises occupied by a friend when such works were not required under the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 May 2022; Ref: scu.414600

Regina v Liverpool Juvenile Court ex parte R: 1988

R was charged with burglary. He objected to the admission of evidence of a confession to a police officer, saying that it had been improperly obtained. Both prosecution and defence suggested the need for a voir dire, but the magistrates declined.
Held: R’s request for a writ of mandamus succeeded. Once the parties accepted that the admissibility of the alleged statement was contested, he was entitled to have its admissibility tested as a preliminary issue. When magistrates conducting a summary trial are faced with an objection to the admissibility of evidence under ss 76 and/or 78 of PACE, they are obliged to determine the objections forthwith by holding a trial within a trial (voir dire).
Questions put to an investigating officer to test the admissibility of the evidence were not on their own sufficient to give rise to the need for a voir dire.

Judges:

Russell LJ

Citations:

[1988] QB 1, [1987] 2 All ER 668, (1987) 86 Cr App R 1, [1987] Crim LR 572, [1987] 3 WLR 224

Statutes:

Police and Criminal Evidence Act 1984 76 78

Cited by:

CitedRegina v Dhorajiwala CACD 9-Jun-2010
The defendant appealed against her conviction for theft. She had been accused of stealing money over many months from the till at the pharmacy where she worked. She said that a confession in interviews conducted by civilian investigators should not . .
CitedBeeres v Crown Prosecution Service (West Midlands) Admn 13-Feb-2014
The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation.
Held: The appeal failed. A confession is, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 18 May 2022; Ref: scu.416720

John Wilkes v The King: PC 16 Jan 1769

An information for an offence, is a surmise or suggestion upon record, on behalf of the King, to a Court of Criminal Jurisdiction, and is to all intents and purposes the King’s suit; and may be filed by tbe Solicitor General, during a vacancy of the office of Attorney General. In such a case, it is not necessary in point of law, to aver upon the record, that the Attorney General’s office was vacant.

Citations:

[1769] EngR 25, (1769) 4 Bro PC 360, (1769) 2 ER 244

Links:

Commonlii

Citing:

See alsoWilkes v Wood CCP 6-Dec-1763
Entry by Force was Unconstitutional
The plaintiff challenged a warrant of commitment to the Tower of London addressed to John Wilkes by name. The plaintiff sought damages after his property was entered by force on behalf of the Secretary of State.
Held: The case was decided on a . .

Cited by:

See AlsoRex v John Wilkes, Esq 7-Feb-1770
The law must be applied even if the heavens fell
An information for a misdemeanor may be amended the day before trial by a single Judge at chambers on hearing both sides and without the consent of the defendant.
On setting aside John Wilkes’ outlawry for publishing The North Briton, Lord . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 May 2022; Ref: scu.374536

Regina v Goldstone: CACD 2005

The Court rejected a submission that the questions as to disclosure raised before it fell outside the ambit of a preparatory hearing.

Citations:

[2005] EWCA Crim 2461

Jurisdiction:

England and Wales

Cited by:

CitedH, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.252540

Callis v Gunn: CCA 1964

Evidence obtained by false representations, threats and bribes by the police may be excluded at the discretion of the judge. For voluntariness to be satisfactorily proved, proof must be provided to the standard of beyond reasonable doubt.
Lord Parker of Waddington LCJ said: ‘(It is) a fundamental principle of law that no answer to a question and no statement is admissible unless it is shown by the prosecution not to have been obtained in an oppressive manner and to have been voluntary in the sense that it has not been obtained by threats or inducements.’ and ‘[A]s is well known, in every criminal case a judge has a discretion to disallow evidence, even if in law relevant and therefore admissible, if admissibility would operate unfairly against a defendant. I would add that in considering whether admissibility would operate unfairly against a defendant one would certainly consider whether it had been obtained in an oppressive manner by force or against the wishes of an accused person. That is the general principle.’

Judges:

Lord Parker of Waddington LCJ

Citations:

[1964] 1 QB 495, (1963) 48 Cr App R 36, [1963] 3 WLR 931

Cited by:

CitedRegina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .
CitedRegina v Fulling CACD 1987
It was alleged that evidence had been obtained by police oppression. She had at first refused to answer questions, but an officer talked to her during a break between interviews, telling her that her lover had been having an affair. The . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.250468

Regina v Porritt: CCA 1961

Ashworth J said: ‘As has already been said, the issue of manslaughter was not raised at the trial, but there is ample authority for the view that notwithstanding the fact that a particular issue is not raised by the defence, it is incumbent upon the judge trying the case, if the evidence justifies it, to leave that issue to the jury.’

Judges:

Ashworth J

Citations:

[1961] 1 WLR 1372, [1961] 3 All ER 463, (1961) 45 Cr App Rep 348

Jurisdiction:

England and Wales

Citing:

ApprovedBullard v The Queen PC 1957
The question was whether there was evidence on which the jury could have found a verdict of manslaughter on grounds of provocation rather than the verdict of murder which had been returned.
Held: There is naturally a tendency for an appellate . .

Cited by:

CitedRegina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.243338

Scott v The Queen: PC 1989

The Board was asked whether sworn depositions of two deceased witnesses should have been admitted.
Held: A warning should be given when admitting identification involving communications between spouses. A conviction based on uncorroborated evidence should be sustained in absence of a warning of the danger of a mistaken identification only in most exceptional circumstances.
Lord Griffiths said: ‘if convictions are to be allowed upon uncorroborated identification evidence there must be a strict insistence upon a judge giving a clear warning of the danger of a mistaken identification which the jury must consider before arriving at their verdict and that it would only be in the most exceptional circumstances that a conviction based on uncorrroborated identification evidence should be sustained in the absence of such a warning.’
and ‘The mere fact that the deponent will not be available for cross-examination is obviously an insufficient ground for excluding the deposition for that is a feature common to the admission of all depositions which must have been contemplated and accepted by the legislature when it gave statutory sanction to their admission in evidence. . . It will of course be necessary in every case to warn the jury that they have not had the benefit of hearing the evidence of the deponent tested in cross-examination and to take that into consideration when considering how far they can safely rely on the evidence in the deposition. No doubt in many cases it will be appropriate for a judge to develop this warning by pointing out particular features of the evidence in the deposition which conflict with other evidence and which could have been explored in cross-examination: but no rules can usefully be laid down to control the detail to which a judge should descend in the individual case’

Judges:

Lord Griffiths

Citations:

[1989] AC 1242, [1989] 2 All ER 305, (1989) 89 Cr App R 153, [1989] 2 WLR 924

Cited by:

CitedDelroy Ricketts v The Queen PC 15-Dec-1997
(Jamaica) Special leave was granted to the defendant to appeal his conviction for murder. Counsel had been late for his trial, and the jury empanelled. When counsel arrived he said the defendant had not understood the judge. A trial took place as to . .
CitedBeeres v Crown Prosecution Service (West Midlands) Admn 13-Feb-2014
The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation.
Held: The appeal failed. A confession is, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.242118

Regina v Burns: CACD 1 Mar 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 law but of fact. Names which are very uncommon when fully matched to a birth date will be more readily relied upon than very common names with a partial date match. In this case, the match on the full name and date of birth together were capable of establishing the defendant as the person convicted. The judge should then have directed the jury to consider whether this was established conclusively, but his failure did not affect the outcome in this case.

Judges:

Rose LJ, Stanley Burton J, Hedley J

Citations:

Times 07-Mar-2006

Statutes:

Criminal Justice Act 2003 103

Jurisdiction:

England and Wales

Citing:

CitedPattison v Director of Public Prosecutions Admn 15-Dec-2005
The court considered the circumstances under which evidence of previous convictions could be admitted against a defendant where he did not admit that he was the same person. . .
CitedRegina v Derwentside Justices, Ex parte Heaviside 1996
Establishing whether previous convictions listed were those of the defendant. . .
CitedOlakunori v Director of Public Prosecutions Admn 8-Jul-1998
Establishing identity of defendant with persons listed on previous convictions list. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.240168

Williams v Somerfield: 1972

The court emphasised that a search warrant is a potentially serious invasion of the liberty of the subject, and a gross invasion of privacy. Lord Widgery also drew the distinction between authorising the obtaining of material as permitted by statute, and ‘a fishing expedition in the hope of finding some material upon which the charge can be hung’.

Judges:

Lord Widgery CJ

Citations:

[1972] 2 QB 512

Statutes:

Bankers’ Books Evidence Act 1879

Jurisdiction:

England and Wales

Cited by:

CitedEnergy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.230383

Moevao v Department of Labour: 1980

(New Zealand) Richardson J said: ‘The justification for staying a prosecution is that the court is obliged to take that extreme step in order to protect its own processes from abuse. It does so in order to prevent the criminal processes from being used for purposes alien to the administration of criminal justice under law. It may intervene in this way if it concludes from the conduct of the prosecutor in relation to the prosecution that the court processes are being employed for ulterior purposes or in such a way (for example, through multiple or successive proceedings) as to cause improper vexation and oppression. The yardstick is not simply fairness to the particular accused. It is not whether the initiation and continuation of the particular process seems in the uncertain circumstances to be unfair to him. That may be an important consideration. But the focus is on the misuse of the court process by those responsible for the law enforcement. It is whether the continuation of the prosecution is inconsistent with the recognised purposes of the administration of criminal justice and so constitutes an abuse of the process of the court.’

Judges:

Richardson J

Citations:

[1980] 1 NZLR 464

Cited by:

CitedRegina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton Admn 9-Oct-1997
The applicant sought that summonses be set aside as an abuse of process, being begun to embarrass him as he set out to become an MP. Thirty one private summonses had been issued.
Held: Of the summonses to be continued it could not be said that . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Practice

Updated: 17 May 2022; Ref: scu.225278

In re Sagger (Confiscation order: Delay): CA 24 Feb 2005

The defendant had been convicted of drug trafficking and made subject to a confiscation order. Several years later the Commissioners sought a further confiscation order. He appealed the order, saying that it had infringed his right of a fair trial within a reasonable time.
Held: Where the state reserved to itself a continuing right to make a confiscation order, the reasonable time requirement applied throughout that period. The statute made it clear that the fixing of an amount left open without limitation of time, the possibility of a reassessment of the amount payable. The statute itself required the court to satisfy itself that there had been no undue delay. The reasonable time rights were engaged. A section 16 certificate allowing the matters to be re-opened would be issued so that the court could look again at all issues including whether the reasonable time requirement had in fact been infringed by the delay.

Judges:

Mummery, Rix, Carnwath LJJ

Citations:

Times 14-Mar-2005

Jurisdiction:

England and Wales

Human Rights, Criminal Practice

Updated: 16 May 2022; Ref: scu.223985

Regina v B: CACD 2003

The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . . able to conduct any proper cross-examination of the complainant. There was no material he could put to the complainant to establish that she had said that something had happened on one occasion which could be established to be incorrect. There was no material in the form of notes . . which showed that she had changed her account. All that the appellant could do was to say that he had not committed the acts alleged against him. [Counsel] says that to say to a jury, when faced with allegations of the sort that were made here, ‘I have not done it’ is virtually no defence at all.”

Judges:

Woolf LCJ

Citations:

[2003] 2 Cr App R 13

Jurisdiction:

England and Wales

Citing:

CitedRegina v Dutton CACD 1994
The case involved an allegation of sex abuse committed against a young boy who then made no complaint until he was 29, twenty years after the first offence and 14 years after the last offence alleged against the defendant. There was no apparent . .

Cited by:

DistinguishedWoodcock v The Government of New Zealand QBD 14-Nov-2003
The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay.
Held: The case of R v B was of a . .
CitedRegina v Smolenski CACD 4-May-2004
The defendant complained that the long delay in his prosecution for alleged sexual assaults was an abuse.
Held: Complaints about delays should normally be dealt with by the court of trial having heard the evidence. It was in the nature of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 16 May 2022; Ref: scu.187955

Regina v Berriman: 1854

Citations:

(1854) 6 Cox 388

Cited by:

CitedIbrahim v The King PC 6-Mar-1914
(Hong Kong) The defendant was an Afghan subject with the British Army in Hong Kong. He was accused of murder. Having accepted the protection of the British Armed forces, he became subject to their laws. In custody, he was asked about the offence by . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 16 May 2022; Ref: scu.184190

McFadyen v Annan: 1992

The accused, a police officer, was subject of a complaint by the person arrested of assault. The defendant complained that the delay in bringing charges (7 months) was excessive so as to be unfair.
Held: The question should be whether the delay would so prejudice the prospects of a fair trial to the extent that any such trial would be oppressive. A former, two stage, test was no longer to be followed. Delay before as well as after proceedings were begun could be looked at. In this case there was no such risk of prejudice from any delay.

Citations:

[1992] JC 53, [1992] CLY 5466, 1992 SLT 163

Citing:

AppliedStuurman v HM Advocate 1980
The court was asked whether a fair trial could take place at all in the light of the pre-trial publicity.
Held: The court noted that the palliative of judicial directions can never be absolutely effective, but the judge had done what he could. . .
OverruledTudhope v McCarthy 1985
. .
OverruledMcGeown v HM Advocate 1989
. .
OverruledConnachan v Douglas 1990
. .
OverruledHM Advocate v Mechan 1991
. .

Cited by:

CitedDyer v Watson and Burrows PC 29-Jan-2002
Parties challenged the compliance of proceedings with the convention where there had been considerable delay.
Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing . .
Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 16 May 2022; Ref: scu.182771

Regina v Jones (Paull Garfield): CACD 8 Oct 2002

The Court of Appeal had ordered the defendant to be re-tried within two months. An initial application for directions was adjourned without the defendant being re-arraigned, and then was adjourned again to a date outside the two month limit. Defence solicitors, knowing the difficulty declined to express a view either way.
Held: The arraignment could take place exceptionally outside the two month limit. The duty under the act for the prosecution to act with ‘all due expedition’ was a more restricted requirement than the one to act with ‘due diligence’, and there was also a duty on the defence to ensure that effect was given to the order of the Court.

Judges:

Kay LJ, Wright, Henriques JJ

Citations:

Times 24-Oct-2002, Gazette 31-Oct-2002

Statutes:

Criminal Appeal Act 1968 8(1B)

Legal Professions, Criminal Practice

Updated: 16 May 2022; Ref: scu.177489

Regina v Gough (Stephen): CACD 8 Nov 2001

Where a defendant absconded and failed to give evidence, it was not right for the judge to direct the jury that his failure to give evidence because of his absconding allowed the drawing of adverse inferences. Before such an inference could be drawn, the defendant had to have the consequences of his failure to give evidence explained to him, and that would not have been done in the case of an absconder. That warning was mandatory.

Judges:

Lord Justice Kennedy, Mr Justice Poole and Mr Justice David Steel

Citations:

Times 19-Nov-2001

Statutes:

Criminal Justice and Public Order Act 1994 35(2)

Jurisdiction:

England and Wales

Evidence, Criminal Practice

Updated: 16 May 2022; Ref: scu.166837

Regina v Pearce: CACD 2002

An unmarried partner in a long-term relationship with the accused was a compellable witness against him even though, had they been married, she would not have been. The statutory provisions applied to husband and wife and no one else.

Citations:

[2002] 1 CAR 39

Statutes:

Police and Criminal Evidence 1984

Cited by:

CitedBala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 16 May 2022; Ref: scu.564473

Regina v Secretary of State for the Home Department, ex parte Hickey and Others: QBD 28 Oct 1993

Parole provisions are to apply to life prisoners who had been transferred transferred to a mental hospital.

Citations:

Times 28-Oct-1993

Statutes:

Criminal Justice Act 1991 34 sch12 9(1)

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey CA 29-Jul-1994
A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 16 May 2022; Ref: scu.87931

Downie v HM Advocate: HCJ 1952

Judges:

Lord Justice General Cooper

Citations:

1952 JC 37

Jurisdiction:

Scotland

Cited by:

CitedFraser v Her Majesty’s Advocate SC 25-May-2011
The defendant appealed against his conviction for murder, saying that the prosecution had failed to disclose certain matters.
Held: The appeal succeeded, the conviction was quashed and the case remitted to the Scottish courts to consider . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 15 May 2022; Ref: scu.440844

Smith v HM Advocate: HCJ 1952

Judges:

Lord Justice Clerk Thomson

Citations:

1952 JC 66

Jurisdiction:

Scotland

Cited by:

CitedFraser v Her Majesty’s Advocate SC 25-May-2011
The defendant appealed against his conviction for murder, saying that the prosecution had failed to disclose certain matters.
Held: The appeal succeeded, the conviction was quashed and the case remitted to the Scottish courts to consider . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 15 May 2022; Ref: scu.440845

Regina v Ghulam: CACD 21 Oct 2009

If a defendant wished the court to consider whether he was fit to plead, he must provide reports from two medical experts to comply with the statute. In this case, the court had been provided with only one, and was therefore unable to consider the plea.

Judges:

Lord Justice Stanley Burnton, Mr Justice Penry-Davey and Mrs Justice Sharpe

Citations:

Times 26-Oct-2009

Statutes:

Criminal Procedure (Insanity) Act 1964, Domestic Violence, Crime and Victims Act 2004 (c. 28), Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Jurisdiction:

England and Wales

Criminal Practice, Health

Updated: 15 May 2022; Ref: scu.377226

Caswell v Morgan: 30 Apr 1859

A common informer may lay an information against a pawnbroker, for an offence under the Pawnbrokers Act 39 and 40 G 3 c 99; and is entitled under sect 26 of the Act to a moiety of the penalty imposed upon the offender.

Citations:

[1859] EngR 524, (1859) 1 El and El 809, (1859) 120 ER 1114

Links:

Commonlii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 15 May 2022; Ref: scu.287876

In Re O (Restraint Order: Disclosure of Assets): 1991

A restraint order had been made against O in an action under the 1988 Act. He sought a variation. On the application of the prosecutor he was ordered to file an affidavit of means. He sought to appeal, but the prosecutor said no appeal lay.
Held: An appeal was possible. It succeeded only to the extent that the court ordered that it should not be available in evidence against the defendant in criminal proceedings against O or his wife. Donaldson J drew a distinction between a judgment ‘in a criminal cause or matter’ and a judgment ‘collateral to a criminal cause or matter’.’

Judges:

Donaldson J

Citations:

[1991] 2 QB 520

Statutes:

Criminal Justice Act 1988 77(1)

Citing:

CitedBonalumi v Secretary of State for the Home Department CA 1985
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .

Cited by:

CitedKnowles and others v Superintendent of HM Prison Fox Hill and others PC 23-Mar-2005
(Bahamas) The claimants resisted requests for their extradition to the US on drugs charges. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 15 May 2022; Ref: scu.276504

Jennings v Crown Prosecution Service: 2004

Citations:

[2004] 4 All ER 391

Jurisdiction:

England and Wales

Cited by:

CitedKing v The Serious Fraud Office CACD 18-Mar-2008
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge.
Held: Such orders did not apply to the applicant’s assets in Scotland. The orders . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 15 May 2022; Ref: scu.273115

Regina v Director of Serious Fraud Office, ex Parte Smith: HL 15 Jul 1992

The applicant having been cautioned for an offence under the Companies Act 1985, he objected to being required to answer questions put to him in connection with the matter by the Director of the Serious Fraud Office under the 1987 Act.
Held: The duty under the Act to answer SFO questions, continues even after the defendant is charged. The House identified six forms of immunity including: ‘a general immunity, possessed by all persons and bodies, from being compelled on pain of punishment to answer questions posed by other persons or bodies’ for which there were several motives.
Lord Mustill said: ‘That there is strong presumption against interpreting the statute as taking away the right of silence, at least in some of its forms, cannot in my view be doubted. Recently, Lord Griffiths (delivering the opinion in the Privy Council in Lam Chi-ming v The Queen [1991] 2 AC 212, 222) described the privilege against self-incrimination as ‘deep rooted in English law,’ and I would not wish to minimise its importance in any way. Nevertheless it is clear that statutory interference with the right is almost as old as the right itself. Since the 16th century legislation has established an inquisitorial form of investigation into the dealings and assets of bankrupts which is calculated to yield potentially incriminating material, and in more recent times there have been many other examples, in widely separated fields, which are probably more numerous than is generally appreciated.
These statutes differ widely as to their aims and methods. In the first place, the ways in which the overriding of the immunity is conveyed are not the same. Sometimes it is made explicit. More commonly, it is left to be inferred from general language which contains no qualification in favour of the immunity. Secondly, there are variations in the effect on the admissibility of information obtained as a result of the investigation. The statute occasionally provides in so many terms that the information may be used in evidence; sometimes that it may not be used for certain purposes, inferentially permitting its use for others; or it may be expressly prescribed that the evidence is not to be admitted; or again, the statute may be silent.’
and ‘The first is a simple reflection of the common view that one person should so far as possible be entitled to tell another person to mind his own business . . Secondly, there is a long history of reaction against abuses of judicial interrogation. . Next there is the instinct that it is contrary to fair play to put the accused in a position where he is exposed to punishment whatever he does. If he answers, he may condemn himself out of his own mouth; if he refuses he may be punished for his refusal. . Finally there is the desire to minimise the risk that an accused will be convicted on the strength of an untrue extra-judicial confession, to which the law gives effect by refusing to admit confessions in evidence except upon proof that they are ‘voluntary.”
and ‘Few would dispute that some curtailment of the liberty is indispensable to the stability of society; and indeed in the United Kingdom today our lives are permeated by enforceable duties to provide information on demand . .’

Judges:

Lord Mustill

Citations:

Gazette 15-Jul-1992, [1992] 3 All ER 456, [1992] 3 WLR 66, [1993] AC 1, [1992] BCLC 879

Statutes:

Criminal Justice Act 1987 2(2)

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Director of the Serious Fraud Office Ex Parte Smith QBD 11-Mar-1992
The Serious Fraud Office may interview a defendant after he has been charged, but must give the caution and act accordingly and with caution. . .

Cited by:

Appealed toRegina v Director of the Serious Fraud Office Ex Parte Smith QBD 11-Mar-1992
The Serious Fraud Office may interview a defendant after he has been charged, but must give the caution and act accordingly and with caution. . .
CitedA, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
CitedRegina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another HL 17-Feb-2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal . .
CitedRegina v S and A CACD 9-Oct-2008
The defendant appealed against his conviction under the 2000 Act for failing to disclose the key used to encrypt a computer file. He was subject to a control order as a suspected terrorist. As the police raided his house, they found the key had been . .
CitedPhillips v Mulcaire SC 24-May-2012
The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 15 May 2022; Ref: scu.86551

Regina v Aziz; Regina v Tosun; Regina v Yorganci: HL 16 Jun 1995

The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their credibility. The appeals were upheld, and the crown in turn appealed.
Held: Both exculpatory and inculpatory parts of a defence statement were to be left to the jury as truth of their content. A judge could comment if a defendant failed to allow his account to be tested by cross examination, but had a discretion not to do so if common sense required otherwise. Here the convictions had been correctly quashed. A defendant is entitled to a good character direction on first conviction though the Judge may make amendments to the standard directions for propensity and credibility though other admissions. The good character of an accused is relevant not only to credibility but also to the likelihood that he would commit the offence in question.
The purpose of a good character direction was considered by Lord Steyn: ‘it has long been recognised that the good character of a defendant is logically relevant to his credibility and to the likelihood that he would commit the offence in question. That seems obvious. The question might nevertheless be posed: why should a judge be obliged to give directions on good character? The answer is that in modern practice a judge almost invariably reminds the jury of the principal points of the prosecution case. At the same time he must put the defence case before the jury in a fair and balanced way. Fairness requires that the judge should direct the jury about good character because it is evidence of probative significance. Leaving it entirely to the discretion of trial judges to decide whether to give directions on good character led to inconsistency and to repeated appeals. Hence there has been a shift from discretion to rules of practice and Vye was the culmination of this development . .’
Lord Steyn asked ‘What is good character?’ He recognised that a defendant may have no previous convictions but it may emerge during the course of the trial, for example through cross-examination on behalf of a co-defendant, that the defendant has in fact been dishonest for many years. How should the judge deal with such a case? Lord Steyn continued: ‘A good starting point is that a judge should never be compelled to give meaningless or absurd directions. And cases occur from time to time where a defendant, who has no previous convictions, is shown beyond doubt to have been guilty of serious criminal behaviour similar to the offence charged in the indictment. A sensible criminal justice system should not compel a judge to go through the charade of giving directions in according with the Vye in a case where the defendant’s claim to good character is spurious. I would further hold that a trial judge has a residual discretion to decline to give any character directions in the case of a defendant without previous convictions if the judge considers it an insult to common sense to give directions in accordance with Vye . . That brings me to the nature of the discretion. Discretions range from the open-textured discretionary powers to narrowly circumscribed discretionary powers. The residual discretion of a trial judge to dispense with character directions in respect of a defendant of good character is of the more limited variety. Prima facie directions must be given and the judge will often be able to place a fair and balanced picture before the jury by giving directions in accordance with Vye . . and then adding words of qualification concerning other proved or possible criminal conduct of the defendant which emerged during the trial. On the other hand, if it would make no sense to give character directions in accordance with Vye, the judge may in his discretion dispense with them’

Judges:

Lord Steyn

Citations:

Gazette 19-Jul-1995, Independent 16-Jun-1995, Times 16-Jun-1995, [1996] AC 41, [1995] 3 All ER 149, [1995] 2 Cr App R 478

Jurisdiction:

England and Wales

Citing:

CitedRegina v Durbin CACD 1995
The appellant had been convicted of the importation of 875 kilos of cannabis. He had spent convictions but more significantly he admitted in interview being engaged in smuggling other contraband goods. Furthermore, he admitted telling lies to the . .

Cited by:

CitedRegina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
CitedRegina 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 . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedIan Cauldero and Nigill Francois v The State PC 28-Sep-1999
PC (Trinidad and Tobago) The defendants appealed their convictions for murder. They complained at to the judge’s direction as to a statement and as to intent, where they had said that the gun had been wrestled . .
AppliedThompson v The Queen PC 16-Feb-1998
(Saint Vincent and the Grenadines) When a defendant is of good character, ie has no convictions of any relevance or significance, he is entitled to the benefit of a good character direction from the judge when summing up to the jury, tailored to fit . .
CitedTeeluck and John v The State PC 23-Mar-2005
(Trinidad and Tobago) The defendant appealed against his conviction saying that his defence had been incompetent in having failed to require the judge to give a good character direction to the jury.
Held: The appeal was allowed. Recent cases . .
CitedMantoor Ramdhanie and others v The State PC 15-Dec-2005
PC (Trinidad and Tobago) The defendant appealed his conviction, saying he had not been properly able to pur forward his evidence of good character. The judge had prevented the defence putting questions to show a . .
CitedPayton, Regina v CACD 26-May-2006
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had . .
CitedOnasanya v London Borough of Newham Admn 14-Jul-2006
The defendant had tried to sell his car by placing a notice in a rear window saying it was for sale, and leaving it on the street.
Held: The authority said that there was more than one purpose in the vehicle being left on the street, and that . .
CitedLord-Castle v Director of Public Prosecutions QBD 23-Jan-2009
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used.
Held: The . .
CitedKrishna v The State PC 6-Jul-2011
krishna_statePC11
(Trinidad and Tobago) The applicant appealed against his conviction for murder, complaining as to the way a former co-accused had been allowed to give evidence and the admission of a confession, saying that he had been beaten by police officers.
CitedShirley, Regina v CACD 8-Nov-2013
The defendant had been convicted of several very serious sexual and physical assaults and rapes. He appealed against his conviction, saying that the judge had not fairly represented his defence to the jury. He said that the complainant had been . .
CitedRegina v Gray CACD 30-Apr-2004
The court examined the authorities as to good chracter directions where a defendant had previous convictions. Rix LJ said: ‘In our judgment the authorities discussed above entitled us to state the following principles as applicable in this context: . .
CitedGAI v Regina CACD 5-Oct-2012
The defendant’s appeal based on the absence of a good character direction had succeeded. The court now gave its reasons.
Held: After reviewing the authorities, the appeal succeeded: ‘the learned judge was wrong to find that the fact that . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Evidence

Updated: 15 May 2022; Ref: scu.86077

Coles v Camborne Justices: QBD 27 Jul 1998

Once the charges had been withdrawn by the prosecutor, the former defendant was no longer an accused, and the magistrates had no power to re-open the case to alter an order for costs they had made.

Citations:

Times 27-Jul-1998

Statutes:

Magistrates Courts Act 1980 142(1)

Cited by:

CitedRegina v Thames Magistrates’ Court ex parte Genegis Ramadan Admn 5-Oct-1998
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 15 May 2022; Ref: scu.79272