Prosecution appeal against a terminating ruling under section 58 of the Criminal Justice Act 2004

Judges:

Latam LJ VP CACD, Grigson, MacDuff JJ

Citations:

[2008] Lloyd’s Rep FC 570, [2009] Crim LR 45, [2008] EWCA Crim 1868

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 19 July 2022; Ref: scu.276948

Challenges to committals of young persons to Crown Court for trial.

Citations:

[2006] EWHC 95 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 18 July 2022; Ref: scu.238412

The defendant sought judicial review of a decision by the magistrates to proceed with criminal charges against him in his absence. He suffered confirmed depression. There were several adjournments.
Held: ‘despite the unsatisfactory and indeed devious nature of the letter of 6th May, there were real grounds before the District Judge to indicate that the claimant was a mentally disturbed or unstable person who solicitors have recently withdrawn from the case. Because that was the situation, I am compelled to the view that it was wrong in principle on 9th May to proceed in his absence. ‘

Judges:

Mr Justice Gibbs

Citations:

[2005] EWHC 3123 (Admin)

Links:

Bailii

Statutes:

Powers of Criminal Court Sentencing Act 2000 11, Mental Health Act 1983 37

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Ealing Magistrates ex parte Ralph Burgess QBD 3-Jan-1999
The court upheld a Magistrate’s decision to proceed in the absence of a defendant. . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Cited – Regina v John Victor Hayward, Anthony William Jones, Paul Nigel Purvis CACD 31-Jan-2001
A defendant can forego his right to attend his trial, but he still had the general right to be present, and to have legal representation at the trial. The court’s discretion to proceed in his absence should only be exercised with great care. A trial . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 July 2022; Ref: scu.238176

Whether the Authority had standing to continue prosecutions for breaches of licensing conditions.

Citations:

[2008] EWHC 1762 (Admin)

Links:

Bailii

Statutes:

Private Security Industry Act 2001

Jurisdiction:

England and Wales

Cited by:

Cited – Rollins, Regina v CACD 9-Oct-2009
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 July 2022; Ref: scu.271232

A shop store-detective could be said to be a person charged with a duty to investigate offences. Whether he is, is a question of fact in each case, and its determination will turn on the evidence of the terms of the contract between the store detective and his employer and all the circumstances of the case.

Judges:

Neill LJ

Citations:

Times 16-Mar-1993, (1994) 98 Cr App R 235

Statutes:

Police and Criminal Evidence Act 1984 67(9)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 July 2022; Ref: scu.86106

Citations:

[2008] EWHC 1448 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 17 July 2022; Ref: scu.270608

Citations:

[2008] EWCA Crim 758

Links:

Bailii

Statutes:

Criminal Justice Act 2003

Jurisdiction:

England and Wales

Cited by:

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

Criminal Practice

Updated: 14 July 2022; Ref: scu.266617

Citations:

[2008] EWHC 510 (Admin)

Links:

Bailii

Statutes:

Football Spectators Act 1989 14A

Criminal Practice

Updated: 14 July 2022; Ref: scu.266241

Challenge to decision extending custody time limits.

Citations:

[2007] EWHC 2804 (Admin)

Links:

Bailii

Criminal Practice

Updated: 12 July 2022; Ref: scu.261958

Application for judicial review of decision to extend custody time limits.

Citations:

[2007] EWHC 2885 (Admin)

Links:

Bailii

Criminal Practice

Updated: 12 July 2022; Ref: scu.261932

Citations:

[2007] EWHC 2228 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 12 July 2022; Ref: scu.259840

A burglary became aggravated by an intent formed after the entry but before the theft.

Citations:

Gazette 13-Jan-1993

Statutes:

Theft Act 1968 10(1)(b)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 10 July 2022; Ref: scu.87045

A failure to direct the jury on the difficulty caused to a defendant by trying to defend himself against offences of a great age was fatal to the resulting conviction.

Citations:

Times 23-Mar-1995

Jurisdiction:

England and Wales

Criminal Practice

Updated: 10 July 2022; Ref: scu.86133

The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements.
Held: The rule of law required that any investigation should be stopped only by the director of the Serious Fraud Office on his own and independent assessment of the matter. ‘The Director failed to appreciate that protection of the rule of law demanded that he should not yield to the threat. Nor was adequate consideration given to the damage to national security and to the rule of law by submission to the threat. No-one took any steps to explain that the attempt to halt the investigation by making threats could not, by law, succeed. The Saudi threat would have been an exercise in futility, had anyone acknowledged that principle. We are driven to the conclusion that the Director’s submission to the threat was unlawful.’

Judges:

Lord Justice Moses and Mr Justice Sullivan

Citations:

[2008] EWHC 714 (Admin), Times 10-Apr-2008

Links:

Bailii

Statutes:

Anti-terrorism, Crime and Security Act 2001

Jurisdiction:

England and Wales

Citing:

See Also – Corner House Research, Regina (on the Application of) v Director of the Serious Fraud Office Admn 17-Jan-2008
The court considered interlocutory matters in the forthcoming application for judicial review of the respondent’s decision not to proceed with an investigation of allegations of bribery under the 2001 Act. . .
See Also – Corner House Research and Another, Regina (on the Application of) v Director of Serious Fraud Office and Another Admn 4-Feb-2008
The applicant sought judicial review of the decision by the Director to halt the investigation of alleged payment of bribes by a British defence company to members of the Saudi Royal family, which would be an offence under the 2001 Act.
Held: . .
Cited – Buttes Gas and Oil Co v Hammer (No 3) HL 1981
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . .
Cited – Sharma and others v The Attorney General of Trinidad and Tobago PC 20-Jun-2007
(Trinidad and Tobago) The issue in this appeal is whether the appellants are entitled to remuneration as members of the House of Representatives on a delay in the House sitting after an election. . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 12-Oct-2006
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay.
Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in . .
Cited – Bermingham and others v The Director of the Serious Fraud Office QBD 21-Feb-2006
Prosecution to protect defendant not available
The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited.
Held: The Director . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – Jackson and others v Attorney General HL 13-Oct-2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of . .
Cited – A 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 . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – Regina v Coventry Airport Ex Parte Phoenix Aviation; Regina v Dover Harbour Board Ex Parte Gilder Admn 12-Apr-1995
A local authority operator of an airport suspended flights on aircraft transporting livestock; a harbour authority refused to allow cross-Channel services for the export of live animals; and a local authority challenged the decision of a statutory . .
Cited – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .

Cited by:

Appeal from – Corner 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: 09 July 2022; Ref: scu.266584

The defendant objected to the admission against him of documents of his convictions for similar sexual offences in Poland.
Held: So far as the rule in Hollington v Hewthorn ever applied in criminal cases, it was not disapplied by section 99 of the 2003 Act.

Judges:

Lord Justice May, Mr Justice David Clarke and Mr Justice Teare

Citations:

Times 16-Nov-2006, [2006] EWCA Crim 2984

Links:

Bailii

Statutes:

Criminal Justice Act 2003 99(1)

Jurisdiction:

England and Wales

Citing:

Not applicable – Hollington v F Hewthorne and Co Limited CA 1943
The defendant had been involved in a road accident in which the plaintiff’s son had died, and had been convicted of careless driving. The plaintiff as the personal representative of his son sued for damages for negligence, seeking to rely on the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 July 2022; Ref: scu.247644

Evidence in Children Act proceedings released for defence in criminal case.

Citations:

Independent 23-Nov-1993

Statutes:

Children Act 1989 98

Jurisdiction:

England and Wales

Criminal Practice

Updated: 09 July 2022; Ref: scu.85802

The defendant appealed against 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 the death.
Held: A prosecutor in a criminal a case has a broader duty than does a party in civil proceedings. The purpose of the Children Act proceedings were different from the present case. ‘Although concern about him flowed from E’s death, the proceedings brought and conducted by the local authority were not criminal proceedings in which the ultimate question for decision was whether the appellant had killed E. Neither of E’s parents was being prosecuted. No one was. And whatever the outcome, neither was, nor could be, convicted or acquitted of a criminal offence. For this purpose, the court responsible for the care proceedings was bereft of jurisdiction. It was not ‘competent’ to decide criminal proceedings.’ The court did was not suggest alteration in the practice of the Family Division that the criminal proceedings of themselves were not a reason to adjourn the care proceedings, because delay is detrimental generally to the children but did refer to the desirability of liaison between the relevant authorities and some linkage between directions hearings as the cases progress.

Judges:

Sir Igor Judge, President, Sir Mark Potter President, Crane J

Citations:

[2006] EWCA Crim 1902, Times 24-Aug-2006, [2006] 1 WLR 3092

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Reichel v Magrath PC 1889
The new vicar of Sparsholt, Dr Magrath, was able to rely on the abuse of process even though he had not been party to earlier proceedings between Reichel and the Bishop of Oxford and the Queen’s College and so was not bound by any issue estoppel . .
Cited – Stevenson v Garnett 1898
AL Smith LJ: ‘The court ought to be slow to strike out a statement of claim or defence, and to dismiss an action as frivolous and vexatious yet it ought to do so when as here, it has been shown that the identical question sought to be raised has . .
Cited – Director of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – Imperial Tobacco Ltd v Attorney-General HL 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme.
Held: It was not necessary to decide whether a declaration as to the criminality or otherwise . .
Cited – Regina v Steidl and Baxendale-Walker 27-Jun-2002
(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, . .
Cited – Mills v Cooper QBD 1967
Two sets of criminal proceedings were brought against the defendant for offences under section 127 of the Highways Act 1959 namely that of being a gypsy and, without lawful excuse, camping on a highway. The first proceedings were brought in respect . .
Cited – Regina v Stocker CCC 23-Nov-2004
(Central Criminal Court) The court was due to try a case alleging that the defendant had killed her child. In care proceedings Hedley J had concluded that a mother had killed her child, but he was positively satisfied that she lacked the intention . .
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 Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Hollington v F Hewthorne and Co Limited CA 1943
The defendant had been involved in a road accident in which the plaintiff’s son had died, and had been convicted of careless driving. The plaintiff as the personal representative of his son sued for damages for negligence, seeking to rely on the . .
Cited – Regina v Bingley Magistrates Court Ex Parte Morrow QBD 28-Apr-1994
A private prosecution was started by summons.
Held: The court accepted that justices were entitled to exercise their discretion not to issue one, a comforting re-assurance that the magistrates were not obliged to ‘rubber stamp’ the process by . .
Cited – Regina v Lattimore CACD 1975
‘. . . It is also inconceivable that the court would receive inadmissible evidence; for the court must act according to law.’ . .
Cited – Regina v Williams, Regina v Smith CACD 27-Jan-1994
The defendant’s appeal was allowed after the police evidence against him was discredited in later proceedings. . .
Cited – Regina v Edwards CACD 1991
The appellant was convicted of robbery with a firearm and sentenced to 14 years. The evidence included police evidence of his confessions in interview. He challenged the veracity of the interview notes, alleging that the police officers concerned . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against 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 . .

Cited by:

Cited – Mote v Secretary of State for Work and Pensions and Another CA 14-Dec-2007
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 07 July 2022; Ref: scu.243981

Judicial Review of decisions of the Scottish Criminal Cases Review Commission not to make a reference to the High Court of Justiciary

Citations:

[2006] ScotCS CSOH – 112

Links:

Bailii

Statutes:

Criminal Procedure (Scotland) Act 1995 194B

Jurisdiction:

Scotland

Criminal Practice

Updated: 07 July 2022; Ref: scu.243332

Application for judicial review of refusal to hear bail application in public. The bail application before the magistrates had been held in public, but not that to the crown court, as was normal practice. The issue on such an application is not the merits of the refusal of bail, but the process by which the application for bail has been dealt with.

Judges:

The Hon Mr Justice Gray Lord Justice Sedley

Citations:

[2006] EWHC 1539 (Admin), [2007] 1 WLR 2455

Links:

Bailii

Statutes:

Terrorism Act 2000 58(1)(b)

Cited by:

Cited – S v Northampton Crown Court and Another Admn 7-May-2010
S faced serious charges of defrauding Customs and Excise. After allegations of jury tampering came to light, a decision was made for trial by judge alone, and his bail was revoked. He now sought judicial review of the refusal of bail. He challenged . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 07 July 2022; Ref: scu.242880

Judges:

Collins J

Citations:

[2006] EWHC 1155 (Admin)

Links:

Bailii

Statutes:

Anti-Social Behaviour Act 2003 1

Jurisdiction:

England and Wales

Criminal Practice

Updated: 06 July 2022; Ref: scu.242198

The defendant appealed his convictions for sexual assault, saying that details of his previous convictions should not have been admitted under the 2003 Act.
Held: The appeal succeeded. Where there was a risk of evidence of previous complaint being contaminated through collusion, the court should make that assessment first before then considering whether to admit it.

Judges:

Sir Igor Judge P, Mackay, Gross JJ

Citations:

Times 24-May-2006, [2006] EWCA Crim 1079, [2006] 1 WLR 2994

Links:

Bailii

Statutes:

Criminal Justice Act 2003 101(d) 107

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hanson; Regina v Gilmore; Regina v Pickstone CACD 22-Mar-2005
In each case complaint was made about the way in which the judge had dealt with applications by the Crown to bring in the defendant’s bad character as evidence of his propensity to commit the crime.
Held: The court set out the applicable . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 July 2022; Ref: scu.241659

The defendant was given a retrial. There had been developments after her conviction of the understanding of battered woman’s syndrome which might have given a defence at trial.

Citations:

Times 25-Jun-1997, [1998] 1 Cr App R 31

Jurisdiction:

England and Wales

Cited by:

Cited – Challen, Regina v CACD 28-Feb-2019
Appeal from conviction for murder. The defendant had killed her husband with a hammer. She said that he had, through his controlling behaviour, abused her over many years.
Held: The verdict of manslaughter was substituted. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 July 2022; Ref: scu.86872

A judge is to give the jury a full Turnbull warning on identification evidence if identity is disputed. The defendant was at the scene, but denied his involvement.

Citations:

Ind Summary 04-Jul-1994, Ind Summary 22-Aug-1994, Times 02-Jun-1994

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 July 2022; Ref: scu.88185

Wrongful joinder of summary and indictable offences. Appeal was allowed since the cases involved were dissimilar.

Citations:

Times 31-Dec-1996

Statutes:

Criminal Justice Act 1988 40

Jurisdiction:

England and Wales

Criminal Practice

Updated: 06 July 2022; Ref: scu.88044

(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 substantial evidence.
Held: The appeal succeeded. The judge had been required to give clear directions on an allegation of joint enterprise murder, and spell out the possible inferences to be drawn from the statement and instruct them that they must rule out all inferences consistent with innocence before they could be satisfied that the inference of guilt has been proved correct. In this case the case for the Crown was itself contradictory and unclear and a source of confusion for the jury.

Judges:

Lord Rodger of Earlsferry, Lord Woolf, Lord Hutton, Lord Carswell, Lord Mance

Citations:

[2006] UKPC 12

Links:

Bailii

Jurisdiction:

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 Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
Cited – Teeluck 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 . .
Cited – Mantoor 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 July 2022; Ref: scu.239588

(Mauritius) The Board considered the systems for granting bail in criminal proceedings in Mauritius,

Judges:

Lord Rodger of Earlsferry, Lord Steyn, Lord Carswell, Lord Mance, Sir Swinton Thomas

Citations:

[2006] UKPC 13, [2006] 2 WLR 1330, [2007] 1 AC 80

Links:

Bailii

Jurisdiction:

Commonwealth

Criminal Practice

Updated: 05 July 2022; Ref: scu.239586

Citations:

[2006] EWHC 256 (Admin)

Links:

Bailii

Criminal Practice

Updated: 05 July 2022; Ref: scu.239148

Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential.
Held: The prosecutions were not an abuse. The prosecution itself had attempted to obtain the information, but failed.

Judges:

Lord Justice Laws Mr Justice Ouseley

Citations:

[2006] EWHC 32 (Admin), Times 08-Feb-2006

Links:

Bailii

Statutes:

Road Traffic Act 1988 5(1)(a), Criminal Procedure and Investigations Act 1996 83 8

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Brown (Winston) HL 20-Feb-1997
The victim had been stabbed outside a nightclub. Two witnesses identified the defendant. The defendants complained that evidence had not been disclosed to them.
Held: There is no duty at common law on the prosecution to warn the defence of . .
Cited – Regina v Maguire CACD 1992
The defendant, convicted of murder, had died. It later came to light that materials with the prosecution forensic team had not been disclosed by the prosecution.
Held: The Home Secretary could make a reference to the Appeal court despite the . .
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 Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Cited – Regina v Alibhai and Others CACD 30-Mar-2004
The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant . .
Cited – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
Cited – Regina 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 – Regina v Tibbs CACD 28-Feb-2000
The meaning of a defence as included in a defence statement refers to a defence in its general sense. Where the facts supporting a defence statement differed when the matter came to trial it was correct for the defendant to be cross-examined about . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
Cited – Regina v Skegness Magistrates’ Court ex parte Cardy 1985
Representations that the Intoximeter or other device used for measuring breath alcohol, should not have been approved or that the Secretary of State should have withdrawn approval in respect of the device should be addressed to the Secretary of . .
Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.
Cited – Director of Public Prosecutions v Memery QBD 4-Jul-2002
The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira QBD 16-Nov-2001
Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace . .
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 Feltham Magistrate’s Court, ex Parte Ebrahim, Director of Public Prosecutions Admn 21-Feb-2001
The court considered how cases should be handled where video evidence of relevance to a defendant’s case had been destroyed, and the defendant asserted abuse of process.
Held: The discretion to stay proceedings should be employed only in . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .

Cited by:

Cited – Cunliffe, Regina (on the Application of) v West London Magistrates’ Court Admn 6-Jul-2006
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 July 2022; Ref: scu.237845

The defendant appealed his conviction for causing criminal damage by fire saying that the charge sheet had not as required by the section, described it as arson.
Held: the appeal failed. Whilst it was clearly desirable that a charge should include the word, section 1(3) was not mandatory in this respect. ‘Damage by Fire’ and ‘arson’ are synonymous.

Judges:

Kennedy LJ, Crane J, Hedley J

Citations:

Times 14-Sep-2005, [2005] EWCA Crim 2013

Links:

Bailii

Statutes:

Criminal Damage Act 1971 191) 1(3)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 04 July 2022; Ref: scu.230365

The defendants appealed the use made of their previous records once they had become admissible after they had attacked the character of prosecution witnesses.
Held: It was proper that once the defendant had allowed his criminal record to be put in after he had attacked the character of a prosecution witness, that record could also become usable within the trial as evidence of propensity. The Act did not specify the way in which a record could be used once it had become admissible. The definition in section 98 was so wide as to suggest that it could be used for any proper purpose. The issue was decided by the potential relevance, not by the gateway by which it was admitted.

Citations:

[2005] EWCA Crim 1985, Times 09-Aug-2005

Links:

Bailii

Statutes:

Criminal Justice Act 2003 98 113

Jurisdiction:

England and Wales

Criminal Practice

Updated: 03 July 2022; Ref: scu.229384

The defendant appealed against a confiscation order, saying that the judge having previously expressed strong contrary views of the defendant, should have recused himself from the application, because of the appearance of bias. The judge had remarked that the defendant: ‘was not an honest or attractive witness; that he would not recognise the truth if it stood up and bit him; that he was a deeply, deeply dishonest man and that he was dishonest through and through.’

Citations:

[2005] EWCA Crim 709

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
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 by:

Cited – Oni v NHS Leicester City EAT 12-Sep-2012
Oni_LeicesterEAT2012
EAT PRACTICE AND PROCEDURE – Costs
The Employment Tribunal should have recused itself from hearing an application for costs, given opinions which it expressed when giving reasons for deciding the case . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 30 June 2022; Ref: scu.226258

Extension of custody time limit.

Citations:

[2005] EWHC 561 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 30 June 2022; Ref: scu.224846

After a conviction a juror wrote to the court to say that the jury had not been unanimous. The defendant appealed. The court refused to become involved in an investigation of the activities in the jury room. In this case, the time had passed when the judge could have accepted a majority verdict. An investigation could not be appropriate where the verdict was unambiguous, free of procedural defect, and there had been no dissent at the time.

Citations:

Times 26-Apr-2001

Jurisdiction:

England and Wales

Criminal Practice

Updated: 30 June 2022; Ref: scu.88535

The lack of a required consent by the Attorney General, under section 4(3) of the 1977 Act led to the quashing of the conviction.

Citations:

(1980) 72 Cr App R 295, (1981) 72 Cr App R 295

Statutes:

Criminal Law Act 1977 4(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
Cited – Lalchan, Regina v CACD 27-May-2022
Conviction withoiut required Consent was Unsafe
Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained.
Held: The appellant’s arguments were well-founded and his conviction on . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 30 June 2022; Ref: scu.254623

Judges:

Lord Justice Laws, Mr Justice Curtis and The Recorder Of Cardiff

Citations:

[2003] EWCA Crim 3228

Links:

Bailii

Statutes:

Criminal Justice Act 1988 198(1)

Jurisdiction:

England and Wales

Citing:

Appealed to – Wang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .

Cited by:

Appeal from – Wang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 29 June 2022; Ref: scu.222701

The defendant appealed his conviction for murder, saying that the judge should have left to the jury the alternative conviction for manslaughter. The victim had died through strangulation during a sexual assault by the defendant. He said it had not been his intention to kill her.
Held: The judge need not leave an alternative verdict where it would be inconsistent with the case presented by the prosecution, and would be likely only to cause confusion among the jurors. The judge had left the defence as one of accident. It would have been unfair to allow a case not presented by the prosecution. Allowing the alternative charge would have complicated the jury’s task without enhancing the justice of the case.

Judges:

Lordf Woolf LCJ, Cresswell, Simon JJ

Citations:

[2005] EWCA Crim 52, Times 26-Jan-2005, [2005] 1 WLR 1605

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Emmett CACD 18-Jun-1999
The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. On the first occasion he tied a plastic bag over the head of . .
Cited – Hunter, Moodie v The Queen PC 8-Oct-2003
PC (Jamaica) The defendants appealed against their convictions for capital murder.
Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for . .
Cited – Alexander Von Starck v The Queen PC 28-Feb-2000
(Jamaica) The defendant had fatally stabbed a woman. On arrest, he admitted killing her and that he had the knife which he had used to do so. He gave the police officer a pouch containing a knife, on which blood of the same group as that of the . .
Cited – Gilbert v The Queen 23-Mar-2000
Austlii (High Court of Australia) The appellant, his brother and another were charged with murder. The appellant had driven the victim, and the others to a remote place where the fatal assault occurred. The . .
Cited – Shaw and Campbell, Regina v CANI 8-Jun-2001
The defendant appealed his conviction for murder saying the judge should have left the alternative charge of having assisted offenders to the jury.
Held: Referring to Fairbanks: ‘It was argued on behalf of the Crown that this test was not . .
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 – Regina v Fairbanks CACD 1986
The defendant complained that the judge had not left an alternate verdict of careless driving to the jury where he had been charged with driving a motor vehicle on the road recklessly.
Held: The conviction was quashed.
Mustill LJ said: . .
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 by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 29 June 2022; Ref: scu.222088

Complaint was made that the Commission had failed to refer to the court of appeal the case for Timothy Evans.
Held: The conviction of Timothy Evans for the murder of his daughter was incorrect. Similarly he had not killed his wife. These events had long been recognised as a miscarriage of justice, and an ex gratia payment made to his family. He had however been pardoned for the offence rather than found not guilty. Nevertheless the Commission had found the correct balance and a reference back to the court was inappropriate.

Citations:

Times 19-Nov-2004, [2004] EWHC 2779 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 27 June 2022; Ref: scu.219860

The prosecutor appealed a decision of the magistrates to dismiss the case for abuse of process, having failed to comply with several and repeated directions as to the management of the case. He said that he had not been given opportunity to make representations.
Held: The prosecutor should have been given opportunity to make oral representations. However, the court expressed disquiet at the ‘extremely substantial periods of default in relation to each of the items in this case . . collectively they amount (not in the legal sense but in ordinary parlance) to a contempt for the directions of the magistrates. ‘

Judges:

Silber, Gibbs JJ

Citations:

[2004] EWHC 2553 (Admin)

Links:

Bailii

Citing:

Cited – Al-Mehdawi v Secretary of State for the Home Department HL 23-Nov-1989
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision.
Held: Judgment obtained in a party’s absence due entirely to the fault . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 27 June 2022; Ref: scu.219533

Renewed application for permission to appeal against refusal of certificate of inadequacy.

Judges:

Laws LJ

Citations:

[2001] EWCA Civ 1987

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 27 June 2022; Ref: scu.218647

Each defendant had appealed. The appeals had been heard but the decisions not announced. One of the judges, Lord Justice Kay died.
Held: It was not open to the remaining judges to announce their decisions, whatever discussions had taken place before His Lordhsip’s death. The jurisdiction of the court was statutory, and that jurisdiction required a court of three.

Judges:

Judge LJ, Roderick Evans J, Pitchers J

Citations:

Times 24-Aug-2004, [2004] EWCA Crim 2253, [2004] 1 WLR 3043

Links:

Bailii

Statutes:

Supreme Court Act 1981 55

Jurisdiction:

England and Wales

Cited by:

Cited – Murchison v Southend Magistrates’ Court Admn 24-Jan-2006
The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give evidence. The magistrates retired and came back to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 21 June 2022; Ref: scu.214195

A juror had been discharged after a finding of jury tampering. The court was now asked as to whether and how the case should proceed.

Judges:

McCloskey J

Citations:

[2010] NICC 7

Links:

Bailii

Jurisdiction:

Northern Ireland

Criminal Practice

Updated: 18 June 2022; Ref: scu.421806

The voir dire system allows a defendant to give his evidence on the limited issues surrounding the circumstances under which his statement was made as to the admissibility of the confession, without infringing his right to elect not to give evidence in the trial of the general issue. The committee confirmed the rule excluding from admission evidence improperly obtained: ‘The basic control over admissibility of statement are found in the evidential rule that an admission must be voluntary i.e. not obtained through violence, fear or prejudice, oppression, threats and promises or other improper inducements. See decision of Lord Sumner in IBRAHIM v. R (1914-15) AER 874 at 877. It is to the evidence that the court must turn for an answer to the voluntariness of the confessions.’
Lord Hailsham said: ‘I have stated elsewhere (Director of Public Prosecutions v. Ping Lin [1976] A.C. 574) that the rule, common to the law of Hong Kong and that of England, relating to the admissibility of extra-judicial confessions is in many ways unsatisfactory, but any civilised system of criminal jurisprudence must accord to the judiciary some means of excluding confessions or admissions obtained by improper methods. This is not only because of the potential unreliability of such statements, but also, and perhaps mainly, because in a civilised society it is vital that persons in custody or charged with offences should not be subjected to ill treatment or improper pressure in order to extract confessions. It is therefore of very great importance that the courts should continue to insist that before extra-judicial statements can be admitted in evidence the prosecution must be made to prove beyond reasonable doubt that the statement was not obtained in a manner which should be reprobated and was therefore in the truest sense voluntary. For this reason it is necessary that the defendant should be able and feel free either by his own testimony or by other means to challenge the voluntary character of the tendered statement. If, as happened in the instant appeal, the prosecution were to be permitted to introduce into the trial the evidence of the defendant given in the course of the voir dire when the statement to which it relates has been excluded whether in order to supplement the evidence otherwise available as part of the prosecution case, or by way of cross-examination of the defendant, the important principles of public policy to which I have referred would certainly become eroded, possibly even to vanishing point.’

Judges:

Lord Edmund-Davies, Lord Hailsham

Citations:

[1978] UKPC 34, [1979] Crim LR 168, [1979] 1 All ER 939, [1979] 2 WLR 81, [1980] AC 247, (1979) 69 Cr App R 47

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Hnedish 1958
(Canada) ‘Having regard to all the implications involved in accepting the full impact of the Hammond decision [1941] 3 All ER 318 which can, I think, be summarised by saying that regardless of how much physical or mental torture or abuse has been . .
Approved – Chitambala v The Queen 1961
Clayden ACJ said: ‘In any criminal trial the accused has the right to elect not to give evidence at the conclusion of the Crown case. To regard evidence given by him on the question of the admissibility as evidence in the trial itself would mean . .

Cited by:

Cited – A, 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 . .
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 . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 June 2022; Ref: scu.199968

The defendant appealed his convictions for child sex abuse, involving assault, rape and buggery, saying that evidence of a recent complaint by a schoolgirl friend of the complainant which was not consistent with other evidence of the complainant should not have been admitted.
Held: Evidence of the mere fact of a complaint may only ever be admissible in very unusual circumstances and only then if a very careful direction is given: ‘admitting only evidence of the fact of the complaint would be to deny to a jury direct evidence as to the circumstances and nature of the contemporaneous complaint and to invite speculation’. In earlier cases, the court was dealing with complaints of recent abuse, not as here. Admissibility depends on established principles, on whether such evidence is sufficiently consistent to support or enhance the credibility of the complainant. Then it is for the jury, properly directed, to consider whether the evidence of the complaint supports the complainant’s evidence and what weight they consider should be attached to it in their assessment of the credit of the complainant. Nevertheless, the court had in this case failed to direct the jury as to the differences between the other complaint and the evidence of the complainant, and the conviction was unsafe.

Judges:

Mr Justice Holland Lord Justice Thomas His Honour Judge Michael Baker QC

Citations:

[2004] EWCA Crim 1320

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lillyman CCCR 1896
Evidence of a contemporaneous complaint by the complainant to her employer was admitted against objections that such evidence ought not to be admitted and the evidence should be confined merely to the fact of the complaint. The evidence of the . .
Cited – Regina v Osborne CCCR 1905
The court considered the circumstances under which a court would hear evidence of a similar complaint against the defendant.
Ridley J said: ‘We think, however, if it were a question of the meaning of words, that the better construction of the . .
Cited – Regina v Camelleri 1922
The admissibility of evidence of a previous similar complaint against the defendant is not confined to cases where consent is the issue. . .
Cited – Regina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Cited – Sparks v The Queen PC 4-Dec-1963
(Bermuda) A complaint by the alleged victim of a sexual offence is admissible at common law as hearsay only where the complainant gives evidence of the commission of the offence and only for the purpose of showing the consistency of the . .
Cited – White v The Queen PC 10-Aug-1998
(Jamaica) Where a rape complainant gave evidence to support the prosecution that she had complained of the offence immediately afterwards, the court should be careful to direct the jury of the caution to be applied to the weight given to that . .
Cited – Regina v Wallwork CCA 1958
The defendant was charged with the incest of his 5 year old daughter. She was called into the witness box, but was unable to give evidence. Her grandmother was called and gave evidence of the complaint made to her by the girl.
Held: The terms . .
Cited – Regina v Braye-Jones 1966
(Queensland Court of Criminal Appeal) The admissibility of evidence of recent complaint where the evidence of the complainant and the evidence of the contemporaneous complaint differed. Rejecting the suggestion that evidence of the contemporaneous . .
Cited – Regina v Nazif 1987
(New Zealand Court of Appeal) The complainant gave evidence of an indecent assault, whereas the evidence given of the complaint was of an assault; Somers J dealt with the issue (which was one among several) very shortly: ‘The third question arises . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 June 2022; Ref: scu.197822

An offence was committed on a continuing basis and on each day that the food hygiene regulations were not complied with.

Citations:

Times 10-Nov-1993

Statutes:

Food Hygene Regulations 1970 (1970 No 1172)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 June 2022; Ref: scu.88168

A Judge must not act as a prosecutor on an appeal from the magistrates where Prosecuting counsel was absent.

Citations:

Times 25-May-1995

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 June 2022; Ref: scu.88344

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

Jurisdiction:

England and Wales

Cited by:

Cited – Gillan 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: 11 June 2022; Ref: scu.88263

The applicant faced a a criminal trial, and sought now to restrain the presentation of a report before Parliament which, he said, would prejudice the trial.

Judges:

Campbell LJ and Higgins J

Citations:

[2004] NIQB 29

Links:

Bailii

Jurisdiction:

Northern Ireland

Criminal Practice

Updated: 10 June 2022; Ref: scu.197083

The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear.
Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in the judge’s chambers without a shorthand note taker. That practice was to be deprecated. The defendant had a right to be present during his whole trial. The judge had not followed the correct procedure, and the defendant had been unable to test the assertions made. ‘whenever dealing with witnesses who may genuinely be frightened the court must act with sensitivity and care whilst simultaneously ensuring that the defendant’s right to a fair trial is not eroded. When the relevant witness is called to give evidence of his fear, in our view the normal course of events will be for counsel on both sides to conduct the questioning in the usual way. ‘ In this case the defence had not had proper opportunity, and the appeal succeeded.

Citations:

[2004] EWCA Crim 1099, [2001] 1 Cr App R 16, [2001] Crim LR 225

Links:

Bailii

Statutes:

Criminal Justice Act 1988 23

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Smith CACD 1990
In the course of a trial, both counsel had seen the judge in chambers, as a result of which defence counsel told his client that the judge had indicated that a suspended sentence would be the outcome if there was a change of plea to guilty. The . .
Cited – Practice Direction (Criminal Proceedings: Consolidation) CACD 8-Jul-2002
. .
Cited – Regina v Harper-Taylor and Bakker CA 19-Feb-1988
There had been a prolonged discussion, ranging over a wide field in the judge’s room: ‘Since we regard the discussion in the judge’s room as the source of all the subsequent entanglements, some general observations on the practice of meeting the . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Cited – Ekbatani v Sweden ECHR 26-May-1988
The defendant was convicted of threatening a civil servant. His appeal was dealt with without a hearing in the Court of Appeal. The Court confirmed the decision.
Held: Though the Court confirmed that if there had been a public hearing at first . .
Cited – Regina v Acton Justices ex parte McMullen and others CACD 1991
Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. . .
Cited – Regina v Jennings and Miles CACD 1995
When an application is made to have evidence admitted under the 1988 Act, the evidence in support of that application must be given under oath. . .
Cited – Regina v Governor of Belmarsh Prison and Another Ex Parte Gilligan QBD 20-Jan-1998
A magistrate ordering the transfer of a prisoner to Ireland must be satisfied that a sufficiently serious offence was alleged, but strict evidence was not required. As to the 1988 Act, the evidence must at least be admissible. . .
Cited – Regina v Elliott; Regina v Pearce; Regina v McGee CACD 13-May-2003
In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition.
Held: The defendant should be allowed to challenge a certificate that a material . .
Cited – Regina v Wood, Fitzsimmons CACD 10-Oct-1997
If the defence could show a proper need to cross examine a witness giving evidence under the section as to a reason for a witness’ non-attendance, the defence should be given that opportunity. . .
Cited – Regina v Samuel and others CACD 1992
The defendants were accused of obtaining money by deception of an 80 year old lady. She was unable to give evidence on medical grounds.
Held: Though the judge had not referred to the 1988 Act, he had exercised his discretion properly. Asking . .
Cited – Regina v Samuel and others CACD 1992
The defendants were accused of obtaining money by deception of an 80 year old lady. She was unable to give evidence on medical grounds.
Held: Though the judge had not referred to the 1988 Act, he had exercised his discretion properly. Asking . .
Cited – Regina v Hardwick CACD 28-Feb-2001
The judge has a discretion as to the admission of the written statement made by a witness who had died before trial.
Held: The circumstances must vary, according not least to the nature of the issue on which the deceased’s evidence was . .
Cited – Regina v McCoy CACD 10-Dec-1999
The judge should direct the jury fully about the handicap which the inability to cross-examine the witness placed upon the defence, and possible lines of cross-examination which the appellants had lost: ‘If a statement of a critical witness is to be . .
Cited – Regina v Denton CACD 22-Nov-2000
In a trial for affray, two witnesses said they were reluctant to give evidence in person in fear for their own safety. Their evidence was admitted by the judge using his discretion under the Act for this purpose. He directed the jury as to the care . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 10 June 2022; Ref: scu.196777

The defendants appealed, saying the jury verdicts were not consistent.
Held: Counsel presenting such an appeal should ensure that the transcripts of the cases now cited were put before the court. To have a verdict set aside for inconsistency there had to be a logical inconsistency. That had not been shown.
The appellants sought to appeal their convictions for affray.

Judges:

Rose VP LJ, Crane, Hunt JJ

Citations:

Times 21-Apr-2004, [2004] EWCA Crim 968

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v B CACD 15-May-1997
The Court upheld a conviction in respect of an Appellant who had been convicted of three offences on a six-count indictment. He was acquitted of the other three. In respect of each of the six counts the Prosecution relied upon the uncorroborated . .
Cited – Regina v G CACD 1998
Inconsistent verdicts . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 10 June 2022; Ref: scu.196065

(Jamaica) The appellants faced both civil and criminal proceedings. They sought a stay of the civil proceedings pending the disposal of the civil proceedings. They appealeed a saying that the rule in Smith v Selwyn applied.
Held: The rule is no longer part of the common law, and nor was it part of the law of Jamaica. Appeal denied.
The defendants challenged disciplinary proceedings against them saying that there were also criminal proceedings, which must be given priority. Did the rule in Smith v Selwyn still apply in Jamaica?

Citations:

[2002] UKPC 86

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Smith v Selwyn 1914
The court considered whether civil proceedings should be delayed pending the conclusion of criminal proceedings: ‘where injuries are inflicted on an individual under circumstances which constitute a felony, that felony cannot be made the foundation . .
Cited – Jefferson Ltd v Bhetcha CA 1979
The plaintiffs brought a claim to recover monies appropriated by a former employee who was also facing prosecution for offences in connection with the same matters. The defendant sought a stay of the application for summary judgement.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 June 2022; Ref: scu.189870

Citations:

[2003] EWHC 2409 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 08 June 2022; Ref: scu.187607

Citations:

[2003] EWHC 2453 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 08 June 2022; Ref: scu.187620

Citations:

[2003] EWHC 2279 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 08 June 2022; Ref: scu.187603

Citations:

[2003] EWHC 2252 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 08 June 2022; Ref: scu.187310

Citations:

[2003] EWHC 1307 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 07 June 2022; Ref: scu.185332

Citations:

[2003] EWCA Crim 1766

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Cited – Jespers v Belgium ECHR 1981
ECHR (Commission) Article 6, paragraph I of the Convention
(a) A virulent press campaign can, in certain circumstances, adversely affect the fairness of a trial and involve the State’s responsibility, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 07 June 2022; Ref: scu.184267

PC (Gibraltar) Reasons given for leave to appeal against refusal to dismiss criminal case on grounds of abuse of process.

Citations:

[2003] UKPC 35

Links:

PC, Bailii, PC, PC

Jurisdiction:

Commonwealth

Criminal Practice

Updated: 07 June 2022; Ref: scu.181927

Certification of point of law for an appeal to the House of Lords: ‘Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful sexual intercourse with a girl under the age of 16 or an attempt thereat in respect of which no prosecution may be commenced under Section 6(1) of the Sexual Offences Act 1956 by virtue of Section 37(2) and paragraphs 10(a) and (b) of the Second Schedule to the Sexual Offences Act 1956.’

Judges:

Mr Justice Butterfield Lord Justice Potter His Honour Judge Paget Qc

Citations:

[2003] EWCA Crim 3

Links:

Bailii

Criminal Practice

Updated: 07 June 2022; Ref: scu.178811