(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 sentence. The defendant said that the jury heard the beginning of an intervention suggesting threats by him against a witness.
Held: The appeal should be dismissed. The judge had handled it correctly. The danger was minimal, and a direction could have given greater emphasis.

Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Carswell
[2008] UKPC 7
Bailii
Commonwealth
Citing:
Cited – 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 . .
Cited – Regina v Azam, Altaf and Hussain CACD 22-Feb-2006
The court considered whether an event might prejudice a fair trial, even if counsel do not raise the issue. The court dismissed the defendant’s appeals. In doing so it stated that too many counsel had been instructed. Leading and junior counsel had . .
Cited – Regina v Lawson, Adderson, Johnson, Jones, and Roberts CACD 24-Jan-2005
The defendants appealed convictions for conspiracy to import cannabis resin. The prosecution had been refused consent to present certain evidence, but the judge went on later to refer to material from the excluded evidence in his summing up.
Cited – Regina v Docherty CACD 1999
The defendant was accused of a sexual assault. A witness referred to his having been in prison. The trial judge refused to discharge the jury, stating that the remark could well have been taken to mean that that the defendant was a dishonest person . .
Cited – Millar v Dickson PC 24-Jul-2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 01 November 2021; Ref: scu.320879

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 abroad.
Held: The appeal failed. Murder is singled out as an offence even when committed outside the jurisdiction is no doubt the particularly serious nature. Everything points to giving the words of section 4 of the 1861 Act the broad meaning that they naturally bear having regard to the unique extra-territorial jurisdiction long established in relation to that crime. The offence was correctly charged. The acts of the authorities fell a long way short of amounting an abuse of process.
As to the effects of the publicity, reliance should be placed on the jury supported by a direction from the judge: ‘The risk that members of a jury may be affected by prejudice is one that cannot wholly be eliminated. Any member may bring personal prejudices to the jury room and equally there will be a risk that a jury may disregard the directions of the judge when they consider that they are contrary to what justice requires. Our legal principles are designed to reduce such risks to the minimum, but they cannot obviate them altogether if those reasonably suspected of criminal conduct are to be brought to trial. The requirement that a viable alternative verdict be left to the jury is beneficial in reducing the risk that the jury may not decide the case in accordance with the directions of the judge. Prejudicial publicity renders more difficult the task of the court, that is of the judge and jury together, in trying the case fairly. Our laws of contempt of court are designed to prevent the media from interfering with the due process of justice by making it more difficult to conduct a fair trial. The fact, however, that adverse publicity may have risked prejudicing a fair trial is no reason for not proceeding with the trial if the judge concludes that, with his assistance, it will be possible to have a fair trial. In considering this question it is right for the judge to have regard to his own experience and that of his fellow judges as to the manner in which juries normally perform their duties. ‘
Lord Phillips of Worth Matravers, Lord Chief Justice said: ‘circumstances can exist where it will be an abuse of process to prosecute a man for conduct in respect of which he has been given an assurance that no prosecution will be brought. It is by no means easy to define a test for those circumstances other than to say that they must be such as to render the proposed prosecution an affront to justice . . Only in rare circumstances will it be offensive to justice to give effect to [the public interest that those who are reasonably suspected of criminal conduct should be brought to trial]. Such circumstances can arise if the police, who are carrying out a criminal investigation, give an unequivocal assurance that a suspect will not be prosecuted and the suspect, in reliance on that undertaking, acts to his detriment.’

Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Penry-Davey and Mr Justice Pitchford
[2006] EWCA Crim 2918, Times 30-Nov-2006, [2007] 2 WLR 226, [2007] 3 All ER 451, [2007] 1 Cr App R 27
Bailii
Terrorism Act 2000 58, Public Order Act 1986 818(1), Offences Against the Person Act 1861 4, Criminal Law Act 1977 1(1)
England and Wales
Citing:
Cited – Board of Trade v Owen HL 1957
The defendants appealed their convictions under common law for a conspiracy to defraud. The conspiracy was within the jurisdiction but the intended fraudulent acts would happen in Germany. The Court of Appeal quashed the convictions for conspiracy. . .
Cited – Regina v Serva and nine others 26-Jul-1845
The court considered the meaning of the phrase ”against the peace of the King’
Held: The phrase applies to the offender: it relates to his capacity to commit the crime. . .
Cited – Regina v Page CMAC 1954
The defendant, a corporal in the Royal Corps of Signals had been tried and convicted by a Court Martial in Egypt for the murder of an Egyptian national in an Egyptian village. The issue in the appeal was whether a Court Martial had jurisdiction . .
Cited – Regina v Bernard 1858
The defendant alien faced charges arising from alleged conduct within the jurisdiction, with being an accessory before the fact to the murder in Paris of people killed by a grenade thrown by an alien. Questions of law reserved included the question . .
Cited – Antonelli v Barberi 1907
The defendant was charged with encouraging persons unknown to murder a foreign soverign. . .
Cited – Treacy v Director of Public Prosecutions HL 1970
Blackmail was alleged under section 21 of the 1968 Act, the letter making the unwarranted demand with menaces having been posted from England to an intended victim in Germany.
Held: The appeal was dismissed. To allow an English court to have . .
Cited – The Queen v Boutzeff 1898
. .
Cited – Regina v Tchorzoewski 1858
The defendant was accused of inciting the murder of the Emperor of France. The Attorney -General asked the court to accept undertakings from the defendant on entry of a directed verdict of not guilty.
Held: The undertakings were accepted: Lord . .
Cited – Regina v Most 1881
(Court of Crown Cases Reserved) A count on the indictment alleged that the defendant: ‘knowingly and wickedly did encourage certain persons, whose names to the jurors were unknown, to murder certain other persons, to wit sovereigns and rulers of . .
Cited – Regina v Croydon Justices Ex Parte Dean QBD 9-Mar-1993
The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser . .
Cited – Regina v Townsend and Others CACD 8-May-1997
Where a defendant has been induced to believe that he will not be prosecuted, this is capable of founding a stay for abuse; where he then co-operates with the prosecution in a manner which results in manifest prejudice to him, it will become . .
Cited – Regina v Bloomfield CACD 25-Jun-1996
It was an abuse of process to proceed with a prosecution in the face of an unequivocal statement by counsel for the Crown to the Court that the prosecution would tender no evidence. There was no change of circumstances which might have justified . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Kray CACD 1969
The court dealt with a case where prejudice was claimed on behalf of the defendant because of publicity before the trial. Lawton J said: ‘The drama of a trial almost always has the effect of excluding from recollection that which went before.’
Cited – Regina 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 . .
Cited – In the matter of B CACD 2006
The court recommended reliance on the good sense of juries: ‘There is a feature of our trial system which is sometimes overlooked or taken for granted. The collective experience of this constitution as well as the previous constitution of the court, . .
Cited – Attorney-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 . .
Cited – Regina v Coughlan and Young CACD 1976
Coughlan and Young were convicted at Birmingham Crown Court of conspiracy to cause explosions in the United Kingdom, the prosecution having limited the allegation to explosions in Birmingham and its neighbourhood. Charges had been brought in respect . .
Cited – Kakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .
Cited – Regina v Maxwell CACD 1988
The defendant admitted paying two others to burgle his partner’s home, but said he had not anticipated violence, and appealed against his conviction for robbery, saying the judge should have left the alternative verdict to the jury. The jury, during . .
Cited – Montgomery and Coulter v Her Majesty’s Advocate PC 19-Oct-2000
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing . .
Cited – 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, . .
Cited – Regina v Taylor and Another CACD 15-Jun-1993
In June 1991 Mrs Shaughnessy was stabbed to death at home. In July 1992 the Taylor sisters were convicted of that murder. An investigating police officer had suppressed an inconsistent statement made by a highly material witness, and there was also . .
Cited – Regina v Maxwell HL 1990
The defendant had hired two men to enter his former partner’s house to commit robbery. It was his defence that he did not contemplate violence, and that he was only guilty of the offence of burglary. The prosecution would not add a count of burglary . .
Cited – Regina v Central Criminal Court ex parte The Telegraph Plc CACD 1993
The court considered the effect of a jury trial in balancing pre-trial prejudicial publicity. Lord Taylor CJ said: ‘In determining whether publication of matter would cause a substantial risk of prejudice to a future trial, a court should credit the . .
Cited – Regina v McCann and Others CACD 1991
The defendants were alleged to be members of the IRA who had been found near to the home of Secretary of State for Northern Ireland. They were charged with conspiracy to murder. They did not give evidence. During closing speeches in a terrorist . .

Cited by:
Cited – HM Attorney General v British Broadcasting Corporation CA 12-Mar-2007
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was . .
Cited – Guest v Director of Public Prosecutions Admn 5-Mar-2009
The claimant, the victim of an alleged assault, challenged the failure of the respondent to quash a conditional caution given to the assailant. The respondent accepted that a decision to prosecute would have been appropriate.
Held: The offence . .
Cited – Abdul and Others v Director of Public Prosecutions Admn 16-Feb-2011
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a . .
Cited – Smith, Regina (on The Application of) v Crown Prosecution Service Admn 24-Nov-2010
The claimant sought judicial review of the defendant’s refusal to discontinue the prosecution of the claimant. The judge had suggested that the defendant could submit to a restraining order without a finding of guilt. The CPS had concluded that no . .
Cited – HM 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

Leading Case

Updated: 02 November 2021; Ref: scu.246768

(Trinidad and Tobago) The defendant appealed his conviction for murder. The evidence against him was of identification by a man, also criminally involved, who had been given immunity. No identification parade was held.
Held: It was clear from other evidence that the witness was identifying someone he already knew, and an identification parade would have been of less importance. There should still have been an identification parade. There was nothing to lose, and this was a capital murder case. The defect was however cured by the full and fair summing up. (Baroness Hale of Richmond dissenting)

Lord Hoffmann, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-Under-Heywood, Sir Jonathan Parker
[2009] UKPC 9
Bailii
Commonwealth
Citing:
Cited – Regina v Conway CACD 1990
A witness said that she knew the accused, had seen him in a public house and entertained him to dinner, but did not know his name, where he lived, or anything of importance about him. No identification parade had been held despite the accused having . .
Cited – Regina v Fergus CACD 29-Jun-1993
A judge should withdraw a case which was based on poor identification evidence, and the prosecution must be sure to disclose all identification evidence. ‘In a case dependent on visual identification, and particularly where that is the only . .
Cited – Pipersburgh and Another v The Queen PC 21-Feb-2008
(Belize) The board considered the unsatisfactory nature of a dock identification. No identification parade had been held because the suspects’ pictures had been published in the press and it was feared that they would be identified from these.
Cited – Aurelio Pop v The Queen PC 22-May-2003
PC (Belize) A witness identified the accused only making the link between the man he knew as R and the accused as the result of an improper leading question by prosecuting counsel. There had been no . .
Cited – Goldson and McGlashan v The Queen PC 23-Mar-2000
PC (Jamaica) The holding of an identification parade was desirable where the witness’s claim to have known and recognised the suspect is disputed. Lord Hoffmann referring to the defendant’s denial that he was the . .
Cited – Regina v Popat CACD 23-Mar-1998
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 01 November 2021; Ref: scu.320878

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.
Held: There is an obligation on a judge to identify for the jury what the nature of the defence is, and to provide such assistance as is appropriate in the circumstances of the case. The judge had failed o do so in this case, and the court could not be sure that the conviction was safe. The conviction was quashed.

Watkins LJ, Bush, Kennedy JJ
[1987] EWCA Crim 3, (1988) 86 Cr App R 213
Bailii
England and Wales
Citing:
Cited – Director of Public Prosecutions v Ray HL 25-Jul-1973
The defendant ordered a meal at a restaurant believing his companion would lend him the money to pay. He later decided to seek to avoid payment and took a opportunity to escape.
Held: The appeal was allowed and the conviction restored. The . .
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Leading Case

Updated: 01 November 2021; Ref: scu.247959

The defendant sought leave to appeal against his sentence. The Attorney-General had already referred the sentence to the Court of Appeal which had increased the term applicable. He now sought to bring in fresh medical evidence suggesting that he should instead be subject to a hospital order.
Held: The defendant had a right to appeal, and had not previously exercised that right. His right remained. The court had jurisdiction to hear his application for leave to appeal.

Lord Justice Hughes, Mr Justice King and Judge Radford
[2009] EWCA Crim 841
Bailii, Times
Criminal Justice Act 1988 36
England and Wales

Criminal Practice

Updated: 01 November 2021; Ref: scu.343901

The defendant appealed against conviction and sentence for sexual assaults on a 15 year old girl. The complainaint had become so upset that the judge had disallowed continued cross-examination. The defence was as to her credibility.
Held: The appeal failed. By the time the cross examination was halted, the defence team had asked the bulk of its questions, and those which went most directly to the issues; ‘the appellant’s principal defence, to the effect that the allegations against him were fabricated, was fully put to, and explored with, the complainant.’ and ‘ the subsidiary issue (the alleged fragile state of the complainant’s mental health) had also been explored with the complainant in her cross-examination. Aspects of her illness had been pursued with her, including the fact that she suffered from a psychotic illness in 2012, during which she believed that someone was going to kill her. Again, therefore, it could not be said that the premature cessation of her cross-examination prevented the jury from having a clear understanding of that issue.’, and ‘while the complainant’s evidence was obviously very important in this case, it was far from being the only evidence against the appellant. We have already referred to the evidence from Z, the appellant’s alleged admission to Lucy (his then wife), his own admission in evidence as to kissing and cuddling the complainant, and the text messages. ‘

Lord Thomas of Cwmgiedd LCJ, Coulson, Globe JJ
[2014] EWCA Crim 2570
Bailii
England and Wales
Citing:
Cited – Regina v Stretton and McCallion CACD 1988
The complainant had been cross-examined for some time but became ill and was incapable of continuing to give evidence. The trial judge allowed the trial to continue, but gave the jury a clear warning as to how they should approach their task. The . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 01 November 2021; Ref: scu.540492

The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address.
Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light of the procedural and evidential changes which have taken place since the decision of this Court in Mondon, we are by no means satisfied that in all cases, particularly when a defendant has been represented substantially throughout the trial and there are issues arising during the defence upon which the jury would be assisted by comment from prosecuting counsel, it is necessarily inappropriate for prosecuting counsel to make a second speech. But it is unnecessary in the present case to reach a conclusion with regard to that matter, because, for the reasons which we have already given, even the old authorities would not, as it seems to us, lead to the quashing of this conviction.’

Rose VP CACD LJ, Raffery J, Sir Paul Kennedy
[2006] EWCA Crim 27
Bailii
Crime and Disorder Act 1998 31(1)(a), Criminal Justice Act 1988 131(1)
England and Wales
Citing:
Cited – Regina v Mondon CACD 1968
The appellant had been unrepresented throughout her trial. She appealed, complaining that the prosecutor had been allowed to make a closing speech.
Held: The conviction was quashed. Lord Justice Edmund Davies drew attention to the impact which . .

Cited by:
Cited – Cojan, Regina v CACD 25-Nov-2014
The defendant appealed against his convictions for offences of rape and robbery. Towards the end of his trial, he had sacked his legal team, and had given no colsing address. He complained that the judge had even so allowed the prosecutor to ake an . .
Cited – Rabani, Regina v CACD 21-Aug-2008
The defendant appealed against his conviction. He had not been represented at trial, and several objections were taken to the conduct of the case, and in particular that prosecuting counsel had made a closing address, and that he had not been . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Leading Case

Updated: 01 November 2021; Ref: scu.375563

Separate sex offence charges may be tried together even though the evidence is not to be allowed to be accumulated as between the offences. While the question of the admissibility of ‘similar fact’ evidence in relation to various counts joined in the indictment is always an important one to be considered and will frequently govern the outcome of an application to sever, it is not necessarily decisive.
Lord Taylor of Gosforth CJ
Times 10-May-1996, Gazette 10-May-1996, [1997] AC 117
Indictments Act 1915, Indictment Rules 1971 (1971 No 1253)
England and Wales
Cited by:
Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Cited – Hamilton, Regina v CACD 16-Aug-2007
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.86377

An allegation of non-consensual sex must be charged as rape, if the sentence for the lesser offence is to be based on the fact of non-consent. The court emphasised the importance of aligning the factual basis of a sentence and charge which the defendant thought he faced.
Gazette 10-Jun-1998
England and Wales

Updated: 22 October 2021; Ref: scu.86022

The defendant, a 12 year old boy , had been charged, with others, with offences of violence. He denied the charges. He objected to his interview with admissions being used. On being admitted he then pleaded guilty. Later cases against co-defendants were dismissed on the grounds that the prosecution had failed to adduce evidence to rebut the presumption of doli incapax. The claimant was aggrieved and tried to persuade the magistrates to allow him to change his plea to one of not guilty. The magistrates agreed and ordered that the proceedings should be reopened and the case heard again by a different bench. The Director applied for judicial review.
Held: The application succeeded. The justices were wrong to think they could use the section. The purpose of the section was to rectify mistakes. It is a slip rule and should not be extended to cover situations beyond those akin to a mistake. It was wholly wrong to employ section 142(2) to allow a defendant where he could not appeal to the Crown Court because of his plea. The interests of justice also included the interests of the Courts and the public that people who had pleaded guilty with the advice of counsel should continue to be regarded as guilty and that there should be certainty and an end to litigation.
McCowan LJ Popplewell J
[1997] EWHC Admin 446, [1997] 2 Cr App Rep 411
Bailii
Magistrates Courts Act 1980 142
England and Wales
Cited by:
Cited – Holme v Liverpool City Justices and Another Admn 6-Dec-2004
The defendant had been convicted of dangerous driving. The victim’s mother complained of the leniency of the sentence, and the magistrates purported to re-open the sentencing under section 142, saying they had been unaware of the very serious nature . .

Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.137391

‘Where a question arises as to the admissibility of evidence, the facts upon which its admissibility depends are to be determined by the judge, and not by the jury. If the opposite course were adopted, it would be equivalent to leaving it to the jury to say whether a particular thing were evidence or not.’
Alderson B
(1843) 11 M and W 483
England and Wales
Cited by:
Cited – Regina v Mushtaq HL 21-Apr-2005
The defendant was convicted of fraud charges. He sought to have excluded statements made in interview on the basis that they had been obtained by oppressive behaviour by the police. His wife was very seriously ill in hospital and he had made the . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2021; Ref: scu.224429

The defendant was given bail supported by sureties for his attendance. The appellant signed for andpound;1m for his attendance. There was a preparatory hearing at a new court building without cells or a dock. The defendant was present. The surety was not. Thinking that they were thereby preserving the recognisance, counsel agreed between themselves that there was no need for the defendant to surrender into the custody of the court. The judge was not aware of that discussion. The defendant then fell to be arraigned having been asked by the judge to stand up in the place in court where he was sitting. There were further hearings but after several of them the defendant absconded by leaving the country and remained away for many years. The Crown sought to estreat the recognisance and the liability of the surety depended upon whether counsel’s agreement meant that the defendant had not surrendered. The prosecution appealed against a decision that he had surrendered to his bail.
Held: Whenever else it might occur surrender is accomplished as a matter of law when the defendant is arraigned. Any practice of a judge directing that despite arraignment the defendant should be deemed not to have surrendered was a direction devoid of legal consequence. A later non attendance at an adjourned hearing did not lead to the forfeiture of a surety.
Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann
Times 10-May-1996, [1996] UKHL 11, [1996] AC 616, [1996] 2 All ER 705, [1996] 2 WLR 675
Bailii
Criminal Justice Act 1987 8, Bail Act 1946 3, Magistrates’ Courts Act 1980 128
England and Wales
Citing:
Appeal from – Regina v Central Criminal Court Ex Parte Guney CA 2-Feb-1995
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.
Sir Thomas Bingham MR (dissenting) said that there is nothing in . .
At First Instance – Regina v Central Criminal Court Ex Parte Guney QBD 1-Feb-1994
An arraignment was valid despite non attendance at court, and the surety’s duties were not terminated. Arraignment in absence if defendant is not a surrender to custody for bail. . .
Cited – Director of Public Prosecutions v Richards QBD 1988
The defendant had been on bail to appear at the Magistrates’ Court. On the day he arrived in good time. A notice said: ‘All persons due to appear in court please report to the enquiry counter.’ He did so and he obeyed directions which were there . .

Cited by:
Appealed to – Regina v Central Criminal Court Ex Parte Guney CA 2-Feb-1995
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.
Sir Thomas Bingham MR (dissenting) said that there is nothing in . .
Cited – Evans, Regina v CACD 16-Nov-2011
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.86310

The claimants alleged that the defendants had been involved in their unlawful rendition in 2004 from Thailand to Libya, in particular now challenging by judicial review the decision not to prosecute certain senior British Officers.
Irwin LJ, Popplewell J
[2017] EWHC 3056 (Admin), [2017] WLR(D) 808
Bailii, WLRD
Justice and Security Act 2013 6
England and Wales
Citing:
See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
See Also – Belhaj and Another v Straw and Others QBD 21-Jul-2017
The Defendants apply for a declaration that these are proceedings in which a closed material application may be made pursuant to section 6 of the 2013 Act. . .

Cited by:
See Also – Belhaj and Another v Director of Public Prosecutions and Others Admn 15-Mar-2018
A claim that the DPP erred in her decision not to prosecute for alleged involvement in the unlawful rendition of the Claimants to Libya. . .
See Also – Belhaj and Others v Director of Public Prosecutions and Others Admn 15-Mar-2018
Second judgment on the scope of privilege to which we have both contributed – inadvertent disclosure . .
See Also – Belhaj and Another v Director of Public Prosecutions and Others Admn 3-May-2018
Incorrect disclosure of non-redacted material in closed hearing. . .
Appeal from – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.601431

Potential jurors should not be asked questions to test for bias, save in the most exceptional circumstances and where there was a possibility of a juror having a personal involvement; perhaps having a personal loss from the alleged crime.
Times 15-Oct-1998, Gazette 11-Nov-1998
England and Wales
Citing:
Cited – Attorney General’s Guidelines on the Exercise by the Crown of its Right of Stand-by 1989
. .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.86051

On a single count indictment alleging conspiracy to defraud, after the Prosecution opening it amended by addition counts to cater for the possibility that more than one conspiracy had existed; This made the case easier for the Jury and no injustice resulted from the amendment at the stage at which it occurred. An indictment may be defective if it fails to include a count that is ‘possible on the depositions.
Widgery LCJ said: ‘We can see no possible reason for saying that to arraign the accused again after the amendment is made can be prejudicial or irregular in any way. By arraignment, we refer of course strictly to the putting of the charge to the accused and asking him to plead to it. It is not suggested that when that has been done he has to be put in charge of the jury a second time or that a jury have to be empanelled again. It is perfectly permissible, if an amendment is made of a substantial character after the trial has begun and after arraignment, for the arraignment to be repeated, and we think that it is a highly desirable practice that this should be done wherever amendments of any real significant are made. It may be that in cases like Harden . . where amendments are very slight and cannot really be regarded as in any way introducing a new element into the trial a second arraignment is not required, but judges in doubt on this point will be well advised to direct a second arraignment.’
Widgery LCJ
(1973) 58 Cr App R 394, [1974] Crim LR 312
England and Wales
Citing:
Approved – Regina v Johal and Ram 1972
Ashworth J said: ‘The argument for the appellants appeared to involve the proposition that an indictment, in order to be defective, must be one which in law did not charge any offence at all and therefore is bad on the face of it. We do not take . .

Cited by:
Cited – Serious Fraud Office v Papachristos and Another CACD 19-Sep-2014
The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 July 2021; Ref: scu.536998

The claimant sought to challenge a decision of the respondent not to prosecute police officers said to have been involved in the care of the claimant’s son when he died.
Davis LJ, Andrews DBE J
[2016] EWHC 1771 (Admin)
Bailii
England and Wales

Updated: 24 July 2021; Ref: scu.567288

The defendant appealed his conviction for criminal damage saying that there had been insufficient evidence to found a conviction.
Goldring J
[2006] EWHC 3054 (Admin)
Bailii
England and Wales

Updated: 12 July 2021; Ref: scu.247334

The court considered a claim that the indictment was invalid.
Held: Peter Pain J said: ‘It seems to us that it is impossible for a criminal trial to start without there being a valid indictment to which the defendant can plead, and that the bill of indictment does not become an indictment until it is signed’.
Peter Pain
Unreported, 5 June 1981
Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)
England and Wales
Cited by:
Applied – Regina v Morais CACD 1988
A High Court judge had given leave to prefer a voluntary bill against the appellant, who was arraigned on six counts in the voluntary bill. He pleaded not guilty, was convicted on four counts and was sentenced. Relying on section 2 of the 1933 Act, . .
Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .

These lists may be incomplete.
Updated: 12 July 2021; Ref: scu.267622

The court considered when a jury might be allowed to change its verdict. one of the jurors delivered a verdict of not guilty. The clerk heard, so did the chairman, who heard the same words. The prisoner was discharged from the dock. Others of the jury interfered. They said the verdict was guilty. The prisoner was brought back to the dock. The chairman asked the jury what the verdict was. All the 12 jurors answered that it was guilty. They had been unanimous. The chairman asked Owen Hughes why he had said ‘not guilty’, to which he replied that he had said ‘guilty’. A verdict of guilty was recorded.
Held: Pollock CB said: ‘We do not think the Court is called upon to say at what interval of time a correction should be made. All we do is to say that in the present case the interval was not too long. Nothing has been done but what daily takes place in the ordinary transactions in life; namely, a mistake is corrected within a reasonable time, and on the very spot on which it was made.’
References: (1853) Dears 229, (1853) 169 ER 706
Judges: Pollock CB
Jurisdiction: England and Wales
This case is cited by:

• Cited – Regina 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 . .
  ([1998] EWCA Crim 1203, [1999] 1 Cr App R 61)
• Cited – Regina 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 . .
  ((1986) 82 Cr App R 148)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192261

The court emphasised the need for a clear direction to a jury on the standard of proof.
References: (1981) Crim L R 334
Jurisdiction: England and Wales
This case is cited by:

• Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
  The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
  (Times 31-Jul-98, , [1998] EWCA Crim 2516, (2001) 1 Cr App R 307)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192067

Application by the Crown for leave to appeal a terminating ruling
References: [2016] EWCA Crim 745, [2016] WLR(D) 463
Links: Bailii, WLRD
Statutes: Criminal Justice Act 2003 58
Jurisdiction: England and Wales

Last Update: 24 October 2020; Ref: scu.570328

References: Times 15-Mar-2005
Coram: Laws, Toulson, Royce JJ
Ratio: The defendants were accused of using companies as a front for customs fraud. The Customs and Excise sought leave to appeal the terms of a criminal restraint order.
Held: The court when making such an order was entitled to take into account the statutory assumptions about the lifestyle of the defendants. The commissioners’ application to have a receiver appointed would be of no effect unless the receiver would be ready to become substantially involved in the day to day management of the company. They intended a light touch approach but would not achieve what they wanted. Application refused.
Statutes: Proceeds of Crime Act 2002 48

Last Update: 09-Aug-16
Ref: 223735

References: Unreported, 19 May 2004
Coram: Pitchford J
Ratio:(Crown Court at Chester) The judge gave directions as to the effect of witness training: ‘The course was delivered by a member of the Bar I judge to have been well aware of the implications. She took pains to ensure that any witnesses who attended her courses knew of the possible consequences of collusion and she forbade it. No attempt was made to indulge in application of the facts of this case or anything remotely resembling them. True it is that witnesses would have undergone a process of familiarisation with the pitfalls of giving evidence and were instructed how best to prepare for the ordeal. This, it seems to me, was an exercise any witness would be entitled to enjoy were it available. No one engaged in special pleading with a view to gaining any expertise beyond the application of sound common sense.
I do not accept that this training, if such is the correct description, was capable of converting a lying but incompetent witness into a lying but impressive witness. Having considered the course content in some detail it seems to me that witnesses can have gained only a rudimentary understanding of what was to come and received no coaching in how to lend a specious quality to their evidence. What they would have received was knowledge of the process involved. It was lack of knowledge and understanding which created demand for support in the first place. Acquisition of knowledge and understanding has probably prepared them better for the experience of giving evidence. They will be better able to give a sequential and coherent account. None of this gives them an unfair advantage over any other witness. Although ease of manner or confidence in the witness box, if it exists, may be a matter of consideration by a jury, it does not seem to me that the ultimate judgment whether the witness is credible or not will depend on such considerations.’
This case is cited by:

• Cited – Ultraframe (UK) Ltd v Fielding and others ChD (Bailii, [2005] EWHC 1638 (Ch))
  The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .

(This list may be incomplete)

Last Update: 20-Jul-16
Ref: 230266

References: [1997] 1 Cr App R 86
Coram: Lord Bingham CJ
Ratio:The court consideed the practice applicable when seeking to adduce new expert evidence on an appeal against sentence.
Lord Bingham CJ said: ‘Expert witnesses, although inevitably varying in standing and experience, are interchangeable in a way in which factual witnesses are not. It would clearly subvert the trial process if a defendant, convicted at trial, were to be generally free to mount on appeal an expert case which, if sound, could and should have been advanced before the jury. If it is said that the only expert witness in an established field whose opinion supports a certain defence was unavailable to testify at the trial, that may be thought (save in unusual circumstances) to reflect on the acceptability of that opinion.’
This case is cited by:

• Cited – Rogers, Regina -v- CACD (Bailii, [2016] EWCA Crim 801)
  The court was asked as to as to the circumstances in which s.23 of the 1968 Act applies to fresh evidence or other information which an appellant may seek to adduce before this court on an appeal against sentence. . .

(This list may be incomplete)

Last Update: 06-Jul-16
Ref: 566429

References: (1993) 97 Cr App R 349
Statutes: Police and Criminal Evidence Act 1984 74
This case is cited by:

• Cited – Regina -v- Thomas Shanks CACD (Bailii, [2003] EWCA Crim 680)
  The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of.
  Held: The judge had . .

(This list may be incomplete)
Last Update: 16-Nov-15 Ref: 223485

References: Times 15-Nov-1990
Where assets had been seized in criminal proceedings, the court had power to order a payment to creditors only where the value of the assets would not be reduced.
This case is cited by:

• Cited – In re X (Restraint Order: Payment out) QBD (Times 03-Jun-04)
  A restraint order had been made in respect of the defendant’s assets pending trial. Application was made to release a sum to pay the defendant’s company debts.
  Held: A payment could be made only where the the realisable value of the property . .

References: Unreported, 27 June 2002
Coram: Judge Wadsworth QC
(Southwark Crown Court) The case was a prosecution for serious fraud. In civil proceedings, despite evidence to suggest a powerful case for dishonesty, a High Court judge had concluded that the claimant had failed to establish that the defendant, Baxendale-Walker, was acting dishonestly, or intentionally ‘driving what he knew to be a dishonest transaction’.
Held: There was a concern about the effect of conflicting decisions of the High Court and a crminal court. The prosecution should be stayed on the grounds that it was ‘against the public interest that the criminal case should proceed . . in that the necessary effect of such a proceeding would be to re-litigate the issue with a view to achieving a result on the facts inconsistent with the findings of fact already made in a final judgment of the High Court’.
This case cites:

• Applied – Smith -v- Linskills CA ([1996] 1 WLR 763)
  The claimant, a convicted burglar took proceedings against his former solicitors. He alleged that the negligence of the solicitor caused his wrongful conviction.
  Held: The case was dismissed. The claimant was seeking to re-litigate issues . .

This case is cited by:

• Cited – Levey, Regina -v- CACD (Bailii, [2006] EWCA Crim 1902, Times 24-Aug-06, [2006] 1 WLR 3092)
  The defendant appealed his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were responsible for . .

References: [1847] EngR 616, (1847) 1 Exch 91, (1847) 154 ER 38
Links: Commonlii
Bias is an exception to the rule against collateral attack on credit
This case is cited by:

• Cited – Regina -v- Livingstone CANI (Bailii, [2013] NICA 33)
  The defendant appealed against his conviction for murder, saying that police officers had fabricated a confession, and had severely mistreated another detainee to concoct further evidence.
  Held: The appeal was allowed. Had the material . .

References: Unreported, 7 April 1998
Coram: Pill LJ
A request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting Bingham LJ in ex parte Hill that the judge ‘should be told anything to the knowledge to the party applying which might weigh against making an order’. Pill LJ was critical of the width and lack of clarity of the particular warrants.
This case cites:

• Cited – Regina -v- Lewes Crown Court ex parte Hill ([1991] 93 Cr App R 60)
  Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a . .

This case is cited by:

• Cited – Energy Financing Team Ltd and others -v- The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn (Bailii, [2005] EWHC 1626 (Admin), [2006] 1 WLR 1316)
  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. . .