Tag: Criminal Practice

Regina v Harrow Crown Court Ex Parte Dave: QBD 20 Oct 1993

A Crown Court when sitting as an appellate court must give reasons for its decision. The court reviewed earlier decisions, and concluded that where a court is going to reject expert evidence it must give proper reasons: ‘The appellant was entitled to know the basis upon which the prosecution case had been accepted by the court. In the present case, that involved knowing the process by which the apparently powerful points in favour of the defence had been rejected.’

Judges:

Pill LJ

Citations:

Times 20-Oct-1993, [1994] 99 Cr App R 114, [1994] 1 WLR 98, [1994] 1 All ER 315

Cited by:

Cited – Grant v Director of Public Prosecutions Admn 22-Jan-2003
The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
Cited – McCubbin, Regina (on the Application of) v Director of Public Prosecutions Admn 12-Oct-2004
The defendant appealed by way of case stated against the decision of the magistrates to convict him of assault.
Held: No point of law had been raised. The reasons given were adequate. In truth this was a challenge on the facts, and the . .
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.86815

Regina v Horseferry Road Metropolitan Stipendiary Magistrate Ex Parte K: QBD 22 Feb 1996

It is the entry of a not guilty plea which actually begins the trial process, not the trial itself. A magistrate may commit for trial even after a not guilty plea has been entered but before the trial begins.

Citations:

Times 22-Feb-1996, Gazette 20-Mar-1996

Statutes:

Magistrates Courts Act 1980 25(2)

Criminal Practice, Magistrates

Updated: 09 April 2022; Ref: scu.86892

Regina v Director of Public Prosecutions, Ex Parte C: QBD 7 Mar 1994

The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act.

Citations:

Gazette 07-Sep-1994, Times 07-Mar-1994

Statutes:

Prosecution of Offenders Act 1985 10

Cited by:

See Also – C (A Minor) v Director of Public Prosecutions QBD 30-Mar-1994
The 12 year old defendant held the handlebars of a motorcycle allowing a second boy to try to remove the chain and padlock securing it. He appealed against his conviction.
Held: The presumption of doli incapax for a 10-14 year old child is no . .
Lists of cited by and citing cases may be incomplete.

Crime, Children, Criminal Practice

Updated: 09 April 2022; Ref: scu.86549

Regina v Director of the Serious Fraud Office Ex Parte Smith: QBD 11 Mar 1992

The Serious Fraud Office may interview a defendant after he has been charged, but must give the caution and act accordingly and with caution.

Citations:

Gazette 11-Mar-1992

Statutes:

Criminal Law Act 1987 2(2)

Citing:

Appealed to – Regina v Director of Serious Fraud Office, ex Parte Smith HL 15-Jul-1992
The applicant having been cautioned for an offence under the Companies Act 1985, he objected to being required to answer questions put to him in connection with the matter by the Director of the Serious Fraud Office under the 1987 Act.
Held: . .

Cited by:

Appeal from – Regina v Director of Serious Fraud Office, ex Parte Smith HL 15-Jul-1992
The applicant having been cautioned for an offence under the Companies Act 1985, he objected to being required to answer questions put to him in connection with the matter by the Director of the Serious Fraud Office under the 1987 Act.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.86552

Regina v Doubtfire: CACD 28 Dec 2000

The defendant’s trial had involved the use of material subject to a public interest immunity certificate.
Held: The need for courts to give reasons for their decisions could be balanced against other public interests, such as the need to protect sources of information. In this, exceptional, case the Court of Appeal was entitled to allow the appeal against conviction, but to decline at the same time to provide reasons which would, or might, threaten such sources.

Citations:

Times 28-Dec-2000, Gazette 20-Apr-2001

Criminal Practice

Updated: 09 April 2022; Ref: scu.86568

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 offence of having destroyed evidence connected with the same crime. He submitted that this was an abuse of process.
Held: A prosecution was an abuse of process after an indication had been given that no prosecution was to follow. If there has been a serious abuse of power by the police or others in authority so as to offend the court’s sense of justice and propriety, that can give rise to an abuse of process even if a fair trial is still possible.
Staughton LJ: ‘It is submitted on behalf of the Crown Prosecution Service that they alone are entitled, and bound, to decide who shall be prosecuted, at any rate in this category of case; and that the police had no authority and no right to tell the applicant that he would not be prosecuted for any offence in connection with the murder: see section 3(2) of the Prosecution of Offences Act 1985. I can readily accept that. I also accept that the point is one of constitutional importance. But I cannot accept the submission of [counsel for the prosecution] that, in consequence, no such conduct by the police can ever give rise to an abuse of process. The effect on the applicant or for that matter on his father, of an undertaking or promise or representation by the police was likely to have been the same in this case whether it was or was not authorised by the Crown Prosecution Service. It is true that they might have asked their solicitor whether an undertaking, promise or representation by the police was binding and he might have asked the Crown Prosecution Service whether it was made with their authority. But it seems unreasonable to expect that in this case. If the Crown Prosecution Service find that their powers are being usurped by the police, the remedy must surely be a greater degree of liaison at an early stage . . In my judgment the prosecution of a person who has received a promise, undertaking or representation from the police that he will not be prosecuted is capable of being an abuse of process. Mr Collins was eventually disposed to concede as much, provided (i) that the promisor had power to decide, and (ii) that the case was one of bad faith or something akin to that. I do not accept either of those requirements as essential.’

Judges:

Staughton LJ, Buckley J

Citations:

Independent 09-Mar-1993, [1993] QB 769, (1994) 98 Cr App R 76

Cited by:

Cited – Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger Admn 29-Nov-1996
The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution.
Held: No abuse had been established, only delay. . .
Cited – Jones v Whalley Admn 10-May-2005
The defendant had been cautioned by the police for an assault on the claimant. The claimant then began a private prosecution which the magistrates stayed as an abuse of process.
Held: The caution administered was not simply a conviction so as . .
Cited – Department for Work and Pensions v Courts Admn 3-May-2006
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
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 – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Director of Public Prosecutions v Ara Admn 21-Jun-2001
The Director challenged the decision of the magistrates to stay a prosecution of the defendant as an abuse of process. The defendant had been interviewed without a solicitor. He went away to seek legal advice. The solicitor requested a copy of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.86487

Regina v Clerk to Liverpool Magistrates’ Court Ex Parte McCormick; Regina v Same; Ex Parte Larkin: QBD 12 Jan 2001

For the purposes of a defendant reclaiming his costs, those costs were incurred where there was a contractual obligation on him to pay, and it was wrong for the court first to insist that he pay them, and then re-imburse him. It was not dependent upon issues about the likelihood of him ever paying. They might not be repayable where no burden was to be placed on the defendant to pay at all. The regulations requiring the payment of costs were inconsistent with the parent Act, and were ultra vires and void.

Citations:

Times 12-Jan-2001

Statutes:

Prosecution of Offences Act 1985 16(6), Costs in Criminal Cases (General) Regulations 1986 (1986 No 1335), Costs in Criminal Cases (General) (Amendment) Regulations 1999 (1999 No 2096)

Magistrates, Costs, Criminal Practice

Updated: 09 April 2022; Ref: scu.86399

Regina v Commissioner of Police of the Metropolis and Another Ex Parte Bennett: QBD 10 Nov 1994

The divisional Court has no power to review the execution of a Scottish warrant by the police in England.

Citations:

Times 10-Nov-1994, Ind Summary 09-Jan-1995

Statutes:

Union with Scotland Act 1706

Judicial Review, Scotland, Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.86414

Regina v Chelmsford Crown Court Ex Parte Chief Constable of Essex: QBD 26 Jan 1994

Statements made to police investigating a complaint were inadmissible but the Judge still had power to order their disclosure.

Citations:

Gazette 26-Jan-1994, [1994] 1WLR 359

Statutes:

Police and Criminal Evidence Act 1984 104-3

Criminal Evidence, Criminal Practice

Updated: 09 April 2022; Ref: scu.86333

Regina v Chelmsford Crown Court, Ex Parte Mills: QBD 31 May 1999

Where an application to extend custody time limits is opposed on the basis of prosecution delay, the parties should provide for the court an agreed chronology of events, and the judge should also give his reasons for granting the extension.

Citations:

Times 31-May-1999

Statutes:

Prosecution of Offences Act 1985 22(3)(b)

Criminal Practice

Updated: 09 April 2022; Ref: scu.86336

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.

Judges:

Ralph Gibson LJ

Citations:

Gazette 23-Mar-1994, Independent 10-Feb-1994, Times 01-Feb-1994, [1994] 1 WLR 438

Statutes:

Bail Act 1946 3, Magistrates’ Courts Act 1980 128

Cited by:

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 HL 10-May-1996
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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.86314

Regina v Bow Street Magistrates Ex Parte McDonald: QBD 30 Jan 1995

A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’.

Citations:

Ind Summary 30-Jan-1995

Statutes:

Local Government Act 1963 12

Citing:

Appealed to – Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald CA 27-Mar-1996
An entertainment licence was not needed for public entertainment given by a busker, a public square was not ‘a premise’ within the Act. . .

Cited by:

Appeal from – Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald CA 27-Mar-1996
An entertainment licence was not needed for public entertainment given by a busker, a public square was not ‘a premise’ within the Act. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.86171

Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992

Rights to private prosecution and takeover by DPP were examined: ‘Section 3(2) and section 6 [of the Prosecution of Offences Act 1985] make a coherent and consistent framework in which the right of a private citizen to bring a prosecution is preserved but subject always to the Director’s right to intervene at any stage. It provides a useful and effective safeguard against ‘improper action’ by the prosecuting authority. (I quote from the Report of the Royal Commission on Criminal Procedure (1981) (Cmnd. 8092), p. 161, para. 7.50).’ ‘If there is evidence that a defendant has been guilty of an offence, then a desire to see him prosecuted and, if found guilty, punished is not an improper motive, especially where the prosecutor is one of the bereaved. Even if Mr Glogg’s motives were mixed, the court should be slow to halt a prosecution unless the conduct of the prosecution is truly oppressive: see Connelly v. Director of Public Prosecutions [1964] AC 1254, 1301, per Lord Morris of Borth-y-Gest and Reg. v. Humphrys [1977] A.C. 1, 46, per Lord Salmon. The law was correctly stated on this point by Mann LJ in Reg. v. Telford Justices, ex parte Badhan [1991] 2 QB 78, 90.’ and ‘They have no power to refuse to embark on an inquiry because they think that a prosecution should not have been brought because it is, for example, mean-minded, petty or animated by hostility. It is for this reason that the powers of the justices are said to be ‘very strictly confined’.’

Judges:

Lloyd LJ

Citations:

Gazette 22-Jul-1992, [1993] QB 645

Statutes:

Prosecution of Offenders Act 1985 3(2)(a) 3(2)(c) 3(2)(d)

Cited by:

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

Criminal Practice

Updated: 09 April 2022; Ref: scu.86173

Regina v Bow St Stipendiary Magistrate Ex Parte South Coast Shipping and Others: QBD 18 Nov 1992

A private prosecution was allowed after the Director of Public Prosecutions decided not to prosecute in the case of the deaths in the sinking of the Bowbelle Marchioness. Lloyd LJ discussed what would amount to abuse of process: ‘Manipulation or misuse of the prosecution process
I do not doubt Mr Glogg wanted a full scale public inquiry instead of the limited investigation carried out in private by the Marine Accident Investigation Bureau under the new procedure introduced by section 33 of the Merchant Shipping Act 1988 and the Merchant Shipping (Accident Investigation) Regulations 1989 (S.I 1989 No 1172).
Those regulations came into force only a fortnight before the casualty. No doubt the members of the so-called Marchioness Action Group who have lost relatives in the disaster also wanted a public inquiry. I can well understand their anxiety, frustration and sense of grievance when a public inquiry was not announced. I should add that Mr Glogg was not himself a member of the Marchioness Action Group but he is represented by the same firm of solicitors.
Does it then follow from Mr Glogg’s desire for a public inquiry that he had some indirect or improper motive in launching the prosecution? I do not think it does. At the start, Mr Glogg’s state of mind may well have been that he wanted both a public inquiry and a prosecution for manslaughter. The fact that a public inquiry has been ruled out does not mean that his motive in instituting the prosecution should now be regarded as improper. If there is evidence that a defendant has been guilty of an offence, then a desire to see him prosecuted and, if found guilty, punished, is not an improper motive, especially where the prosecutor is one of the bereaved. Even if Mr Glogg’s motives were mixed, the court should be slow to halt a prosecution unless the conduct of the prosecution is truly oppressive.’

Judges:

Lloyd LJ

Citations:

Gazette 18-Nov-1992, [1993] 96 Cr App R 405

Statutes:

Prosecution of Offenders Act 1985 3(2)(a) 3(2)(c) 3(2)(d)

Cited by:

Cited – Regina v Bow Street Magistrates ex parte Kazuhiro Sakashita and Takumi Hashimoto Admn 15-Oct-1996
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.86162

Regina v Birmingham Crown Court Ex Parte Rashid Ali and Another; Regina v Bristol Magistrates Court Ex Parte Davies; Regina v Immigration Appellate Authority Ex Parte Davies: QBD 16 Oct 1998

When a court accepts a promise from a surety care must be taken to ensure that he has the disposable funds to back up the promise. The duty falls upon the solicitor or clerk offering the surety and on the court accepting it.

Citations:

Times 16-Oct-1998

Criminal Practice

Updated: 09 April 2022; Ref: scu.86142

Regina (Bozturk) v Thames Magistrates’ Court: QBD 26 Jun 2001

The interpreter who had assisted the police at the police station was also called by them to assist in interpretation at court. Whilst at court she interpreted for the duty solicitor. The duty solicitor was not informed of her previous involvement. It was held that although in this case no practical detriment occurred, the duty solicitor should have been told of the earlier use. An interpreter at charge could be called as a prosecution witness as to the propriety of acts in the police station, and was not an appropriate person to be present between translating for the defendant in a privileged interview.

Citations:

Times 26-Jun-2001

Criminal Practice

Updated: 09 April 2022; Ref: scu.85956

Regina (Director of Public Prosecutions) v Acton Youth Court: QBD 21 Jun 2001

It was not normally necessary for magistrates to excuse themselves from further involvement in a case after making preliminary rulings on a request for public immunity certificates. The purpose of that ex parte hearing was to ensure the protection of the defendant. Indeed knowing of that original application might allow the defendant greater protection. The fact that magistrates were judges both of the law and of the facts in a case did not sufficiently distinguish them from other decision makers, and the approval of such an approach under the Act should be extended to magistrates also.

Judges:

Woolf LJ

Citations:

Times 21-Jun-2001, Gazette 21-Jun-2001, [2001] 1 WLR 1828, [2001] EWHC Admin 402

Statutes:

Human Rights Act 1998

Citing:

Cited – Regina v Smith (Joe) CACD 20-Dec-2000
The defendant was arrested for burglary and a non-intimate sample taken without his consent. The DNA profile matched blood at the scene of the burglary, and this match was the bedrock of the prosecution case. Before the trial, prosecuting counsel . .

Cited by:

Cited – Regina v H; Regina v C CACD 16-Oct-2003
The defendants were charged with serious drugs offences. The prosecutor had applied for public interest immunity certificates. The judge had required the appointment of independent counsel. The prosecutor appealed.
Held: The same district . .
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.
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 09 April 2022; Ref: scu.85962

Regina v Wheeler: CACD 7 Jul 2000

Because of the risk of a defendant later seeking to avoid the effect of the defence statement filed on his behalf, the practice should be for him to be asked to sign it to show his agreement and consent. There was a risk of a contradiction between elements of the defence statement and that put forward at trial, and the defendant needed to be clear as to what was to be said.

Citations:

Times 07-Jul-2000, Gazette 02-Nov-2000

Criminal Practice

Updated: 09 April 2022; Ref: scu.85608

Regina v Worcester Crown Court Ex Parte Norman: QBD 17 Feb 2000

Where a defendant was remanded in custody pending trial in the Crown Court, the trial date should be fixed at an early stage. Here, after repeated adjournments, the court had, three days before expiry of the limit, fixed a trial three months into the future. That ruling would have to stand, but in cases requiring substantial court time, the date should be fixed at the Plea and Directions Hearing.

Citations:

Times 17-Feb-2000

Statutes:

Prosecution of Offences Act 1985

Criminal Practice

Updated: 09 April 2022; Ref: scu.85618

Regina v Stephens (Michael): CACD 29 Mar 2000

Counsel had failed to warn his client that if convicted of causing grievous bodily harm with intent, after a previous conviction for unlawful sexual intercourse with a girl under thirteen, he would be subject to a mandatory life sentence. The prosecution would have been ready to accept a plea to an alternative charge of causing grievous bodily harm, where the mandatory provisions would not have applied.
Held: This was sufficient to count as exceptional, and to justify treating the matter under section 2(3) of the Act.

Citations:

Times 29-Mar-2000

Statutes:

Crime (Sentences) Act 1997 2 2(3)

Criminal Practice

Updated: 09 April 2022; Ref: scu.85571

Regina v Wright: CACD 3 Mar 2000

Where questions arose during a trial which required discussions of any legal complexity, these should normally take place in the absence of the jury. If possible this should be after the evidence had been called but before the closing speeches. Where as in this case, both counsel felt that the judge was incorrect in law, a judge should normally seek to resolve disagreements before proceeding further.

Citations:

Times 03-Mar-2000

Criminal Practice

Updated: 09 April 2022; Ref: scu.85619

Regina v Thorpe: CACD 2 Nov 2000

Where events or disturbances in the public gallery at a trial were such that the court could not be sure that a jury had not been influenced by them, the trial should not have been concluded. The jury appeared to have been so afraid as to be unable at first to find one of its members willing to act as foreman. The judge’s direction to the jury about the connections between members of the public and the defendant did not retrieve that doubt.

Citations:

Times 02-Nov-2000

Criminal Practice

Updated: 09 April 2022; Ref: scu.85588

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 the differences, even though the defence, in its more narrow legal definition, remained unchanged. One of the chief purposes of the defence statement is to provide the basis for further disclosure. The court emphasised the need to comply with all three subsection 5(6) to 5(8). The requirement to provide a defence statement interferes with an accused person’s right to silence and his privilege against self incrimination, and to order disclosure between defendants would inflate the interest of one defendant above that of another or others.

Citations:

Times 28-Feb-2000, [2000] 2 Cr App R 309

Statutes:

Criminal Procedure and Investigations Act 1996 11 5(6) 5(7) 5(8)

Cited by:

Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.85589

Regina v Uxbridge Magistrates Court, Ex Parte Patel; Regina v City of London Magistrates Court, Ex Parte Cropper: QBD 7 Dec 1999

There is no rule to say that the investigation of an offence cannot begin until after it has been committed. For the Act, the meaning of ‘criminal investigation’ has the same meaning in Part I as in Part II, and accordingly, where an investigation into an offence begins before the cut off point after which old, full-style committals cease to be available, and the offence is committed after that date, an old style committal remains available. ‘In particular this may be so in a surveillance case or where a series of offences is committed, some before and some after the appointed day. Whether, of course, in any given case that is the correct view will be a question of fact for the examining magistrates. They must . . ask themselves the simple question: when did the criminal investigation of this offence begin?’

Citations:

Times 07-Dec-1999, Gazette 07-Jan-2000, [1999] 164 JP 209

Statutes:

Criminal Procedure and Investigations Act 1996

Citing:

Cited – Regina v Norfolk Stipendary Magistrates ex parte Keable Admn 29-Jan-1998
A police investigation into an offence not yet committed, did not count as an investigation into that offence for the purposes of setting the start date under the Act. . .

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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Judicial Review

Updated: 09 April 2022; Ref: scu.85598

Regina v West London Youth Court, Ex P J: QBD 2 Aug 1999

When absolutely necessary, it was permissible for a court to allow and depend upon double translation for a defendant. A court offered either double translation or a translator who felt 80 per cent adequate in the language of the defendant. A translator must be impartial (never the appropriate adult), and qualified and fluent. The standards required at interview were also required at trial. There must be a natural understanding between the accused and his interpreter, and the next and the court.

Citations:

Times 02-Aug-1999

Criminal Practice

Updated: 09 April 2022; Ref: scu.85606

Regina v Salisbury Magistrate’s Court, ex parte Gray: QBD 21 Jul 1999

A probation officer, acting in the preparation of a pre-sentence report, was acting as part of the investigating process, and where he came upon information contradicting a psychiatric report to be given to the court, he was free to refer to that information in his own report. He was not limited to items listed in the National Standards for such reports, and a case was properly remitted to the Crown Court for sentence on the basis of his report.

Citations:

Times 21-Jul-1999

Criminal Practice

Updated: 09 April 2022; Ref: scu.85471

Regina v Okolie: CACD 16 Jun 2000

Evidence is always required on matters relating to foreign law, and such evidence given in person unless it was agreed or no issue was taken. Untranslated reports of stolen vehicles prepared by employees of the person who claimed to have been the victim of the theft had been incorrectly relied upon by the judge.

Citations:

Times 16-Jun-2000

Citing:

Cited – Regina v Ofori, Regina v Tackie CA 17-Nov-1993
Court has power to grant bail or to release a person, pending their appeal despite the existence of a deportation order. . .
Lists of cited by and citing cases may be incomplete.

Evidence, Criminal Practice

Updated: 09 April 2022; Ref: scu.85438

Regina v RAF General Court-Martial and Another, ex parte Wright: QBD 1 Jul 1999

It is not an abuse of process for the same officer to make recommendations to higher officers on whether charges should be referred to higher authority or dismissed, and also eventually to make the actual decision on whether a prosecution should proceed. The dual role of such officers did not offend against natural justice.

Citations:

Times 01-Jul-1999

Natural Justice, Armed Forces, Criminal Practice

Updated: 09 April 2022; Ref: scu.85451

Regina v Lingham: CACD 2 Jun 2000

Although a court normally has the power to determine when and how to deal with its own cases, a Crown Court dealing with an application for confiscation of assets under the Act, had to determine the case within the six month time limit unless it was satisfied that the circumstances were exceptional and an adjournment was required for the collection of further information.

Citations:

Times 02-Jun-2000

Statutes:

Drug Trafficking Act 1994

Criminal Practice

Updated: 09 April 2022; Ref: scu.85370

Regina v Middlesex Guildhall Crown Court, Ex Parte Okoli: QBD 27 Jul 2000

The prosecution gave oral notice of its intention to appeal against a grant of bail at 11:30 am on 7 June, but the case did not come on before the Crown Court until 3:30pm on 9 June, which was outside the 48 hour time limit. It was argued that the prosecution had lost its right of appeal by a failure to get the hearing listed within 48 hours. The right had not been lost. To achieve that effect the statute would have required different and express powers. The act referred in general terms to the date on which the notice of appeal was given.

Citations:

Gazette 27-Jul-2000, Times 02-Aug-2000

Statutes:

Bail (Amendment) Act 1993 1(8)

Criminal Practice

Updated: 09 April 2022; Ref: scu.85404

Regina v Middleton: CACD 12 Apr 2000

Where a defendant was shown to have lied in the course of proceedings it need not always be necessary to give a Lucas direction. In some circumstances the jury could properly be expected not to follow a prohibited line of reasoning without such a direction. The direction may even confuse the jury sometimes. The underlying question was why the defendant had lied. It was better to approach this issue from a point of principle in each case than to try a detailed analysis of past cases.

Citations:

Times 12-Apr-2000, [2001] Crim LR 251, [2000] TLR 293

Citing:

Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .

Cited by:

Cited – Regina v Barnett CACD 7-Feb-2002
The defendant gave three contradictory stories to explain a valuable painting found under his bed. He appealed his conviction, saying the judge should have given a Lucas direction to the effect that the fact that he had lied, did not mean inevitably . .
Cited – Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another CA 12-May-2006
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set . .
Cited – Eyres v Atkinsons Kitchens and Bedrooms Ltd CA 24-Apr-2007
The driver appealed dismissal of his claim for personal injuries against his employer. He had crashed, but said that he had been awake for 19 hours.
Held: Both employer and employee must have been aware of the risks. The most likely . .
Cited – Lancashire County Council v R (A Minor) and others FD 4-Dec-2008
The local authority sought a care order, alleging serious physical abuse of the child. The mother said that any injuries had been inflicted by the father. The father said that the cause was the mother.
Held: The injuries were not likely to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.85406

Regina v Director of Public Prosecutions, Ex P Lee: QBD 26 Apr 1999

A prosecutor should consider disclosure of matters proper for disclosure before committal, though not beyond old obligations. This might include convictions of prosecution witnesses, matters suggesting abuse of process, or against committal.

Citations:

Times 26-Apr-1999

Statutes:

Criminal Procedure and Investigations Act 1996

Criminal Practice

Updated: 09 April 2022; Ref: scu.85232

Regina v Hanratty: CACD 26 Oct 2000

Persuasive but not conclusive evidence of the deceased’s involvement in a notorious murder for which he had hanged had been found by subsequent DNA analysis. That analysis could only be improved by direct DNA analysis to be obtained by exhuming his body. In these circumstances, there was an over-riding public interest in obtaining positive confirmation or otherwise of the deceased’s guilt or innocence.

Citations:

Times 26-Oct-2000

Citing:

See Also – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .

Cited by:

See Also – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Criminal Practice

Updated: 09 April 2022; Ref: scu.85295

Regina v HM Advocate: HCJ 14 Apr 2000

Where the prosecution had delayed nearly four years between interview and charge, that delay was so unreasonable as to render a continuation of the prosecution a breach of the defendant’s human rights to a fair trial. The period to be considered not when the police first heard of the allegation and began to investigate, but the substitution of formal proceedings. The convention gave him the right to a fair trial within a reasonable time. The prosecution could have proceeded several years earlier.

Citations:

Times 14-Apr-2000

Statutes:

Criminal Procedure (Scotland) Act 1995

Scotland, Criminal Practice, Human Rights

Updated: 09 April 2022; Ref: scu.85309

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for believing that the material was not so protected. Material removed, but then found not to have been covered by the warrant, must be returned immediately. The court disagreed that, before seizing the document, the officer had to be satisfied that it did not consist of or include items subject to legal privilege. ‘The officers are not, for example, required to be satisfied that there are reasonable grounds for believing that the material sought does not consist of or include items subject to legal professional privilege’.
Kennedy LJ said: ‘I accept, of course, that any failure to comply with the requirements of either section 15 or section 16 renders the whole process of entry and search unlawful . .’

Judges:

Kennedy LJ

Citations:

Gazette 25-Nov-1999, Times 10-Nov-1999, [2000] QB 576, [2001] All ER 411, [2000] 2 WLR 409

Statutes:

Police and Criminal Evidence Act 1984 8(1)

Cited by:

Cited – H, Regina (on the Application of) v Commissioners of Inland Revenue Admn 23-Oct-2002
The appellant sought judicial review of the seizure by the respondents of computers found on its premises in the course of executing warrants under the Act, even though the computers might contain other matters not relevant to any investigation.
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Bell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
Cited – Faisaltex Ltd and Others v Lancashire Constabulary and Another QBD 24-Jul-2009
The claimants wished to claim damages saying that in executing a search warrant, the defendant had made excessive seizures of material. The claimants sought inspection by independent counsel of the materials seized to establish this in a manner . .
Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Cited – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Cited – Poonam v Secretary of State for The Home Department QBD 18-Jul-2013
The claimant sought damages, alleging: ‘oppressive questioning, unlawful arrest, unlawful detention, unlawful search of her home, theft and / or failure to secure her home premises, and the wrongful declaration by the UKBA that she was an illegal . .
Cited – Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another CA 18-Jul-2013
The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.85178

Regina v Commissioners of Inland Revenue, Ex Parte Tamosius and Partners: QBD 10 Nov 1999

Officers executing a search warrant under the Taxes Management section could properly have accompany them, a legally qualified person who could make immediate assessments of any claim for protection for materials at the property searched by way of legal professional privilege. Such a procedure was sensible. An assertion of a claim of legal privilege was not to be accepted simply as asserted.

Citations:

Times 10-Nov-1999, Gazette 25-Nov-1999, [2000] 1 WLR 453

Statutes:

Taxes Management Act 1970 20C

Cited by:

Cited – Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another Admn 14-Oct-2009
The company had obtained legal advice but had taken it from their accountants. The Revenue sought its disclosure, and the company said that as legal advice it was protected by legal professional privilege.
Held: The material was not protected. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Taxes Management

Updated: 09 April 2022; Ref: scu.85197

Regina v Central Criminal Court Ex Parte Bennett: QBD 25 Jan 1999

When a court considered whether to extend the custody time limits a court must not make an allowance in favour of the prosecution for difficulties caused by the victim’s illness. Subsebtions 22(3)(a) and 22(3)(b) had both to be fulfilled.

Citations:

Times 25-Jan-1999

Statutes:

Prosecution of Offences Act 1985 22(3)

Cited by:

Cited – Regina (Gibson and Another) v Winchester Crown Court QBD 24-Feb-2004
The defendant challenged extension of the custody time limit, saying that the prosecuting authorities had not acted with due diligence to take the case forward.
Held: Though the prosecutor had not acted as required, in this case the actual . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 April 2022; Ref: scu.85168

Regina v Abrar: CACD 26 May 2000

The jury having retired, and taken with them an exhibited document which had been torn and its pieces contained in an envelope, discovered upon examining the pieces that they had in fact been taken from two separate documents, contrary to what had been asserted in the trial. This was not a case where new evidence had been given to the jury after retirement, and the new evidence did not prejudice the defendant, and the verdict stood. Even so, it was important that documents be properly examined and themselves documented.

Citations:

Times 26-May-2000

Criminal Practice

Updated: 09 April 2022; Ref: scu.85106

Practice Direction (Crown Court: Trial of Children and Young Persons): LCJ 17 Feb 2000

Directions given to ensure that young persons tried in a Crown Court receive a fair trial allowing for their age and understanding. The trial procedure must not expose the child to humiliation or distress, consideration should be given to splitting off of any adult defendants, consideration should be given to the physical layout of the court, and the court’s daily timetables and otherwise.

Citations:

Times 17-Feb-2000

Criminal Practice, Children

Updated: 09 April 2022; Ref: scu.84876

Practice Direction (Justices Clerk to Couty): QBD 11 Oct 2000

The direction set out in detail the duties of justices’ clerks and legal advisers to the magistrates and the court, in respect of the application of the Act, and generally by restating duties to provide legal advice and assistance with appropriate procedures for allowing representations by those appearing before the court, and also restating and clarifying the limits of a justices’ clerk’s advice on issues of fact and evidence.

Citations:

Times 11-Oct-2000

Magistrates, Criminal Practice, Human Rights

Updated: 09 April 2022; Ref: scu.84896

Practice Direction (Criminal Appeals Office Summaries) (No 2): CACD 24 May 2000

In future Court of Appeal summaries should be made available as of course to solicitor advocates. Those representing themselves before the Court of Appeal should also have access, save only that a judge may order otherwise in the case of material which was explicitly salacious or sadistic. This amends the earlier direction Practice Direction (Criminal Appeals Office Summaries) Times 7 Oct 1992.

Citations:

Times 24-May-2000

Criminal Practice

Updated: 09 April 2022; Ref: scu.84868

Practice Direction (Crown Court: Abuse of Process): CACD 30 May 2000

Directions given for those seeking to challenge a prosecution in the crown court as an abuse of process. A notice in the specified form must be served at least fourteen days before the date fixed for the trial, and any other defendant wishing to support the application must apply within seven days thereafter. Automatic directions would be given in accordance with the directions specified in the practice note.

Citations:

Times 30-May-2000

Criminal Practice

Updated: 09 April 2022; Ref: scu.84871

Practice Direction (Crown Court: Allocation of Business) (No 4): LCJ 22 Feb 2001

The direction ‘Allocation of business within the Crown Court’ is amended with immediate effect to allow class 3 cases to be tried by a High Court judge, or by another judge subject to the Presiding judge’s directions, or by a recorder who had attended Judicial Studies Board training. Class 4 cases might be tried by a High Court judge with the consent of a Presiding judge, but would otherwise be tried before a circuit judge, or recorder (not necessarily having attended the Judicial Studies Board seminar).

Citations:

Times 22-Feb-2001

Criminal Practice

Updated: 09 April 2022; Ref: scu.84873

Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

New procedures for judges considering an application for a voluntary bill of indictment. The rules provide for compliance with the acts and rules governing such bills, and detailed disclosure of charges refused by magistrates, of the evidence which brought the bill within the rules. It should be for exceptional considerations of justice not administrative convenience. Notice to the defendant was not required.

Citations:

Times 05-Aug-1999

Statutes:

Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)(b), Indictments (Procedure) Rules 1971 (1971 No 2084)

Criminal Practice

Updated: 09 April 2022; Ref: scu.84867

Practice Direction: Criminal Justice Act 1987 Crown Court Centres: CACD 22 Feb 1993

Provides a lists of Crown Court centres and their associated status for hearing serious fraud cases where cases are to be transferred from other centres. The Direction sets out the centres in full.

Citations:

Ind Summary 22-Feb-1993

Statutes:

Criminal Justice Act 1987

Jurisdiction:

England and Wales

Criminal Practice

Updated: 09 April 2022; Ref: scu.84835

Mooney v Cardiff Justices: QBD 3 Nov 1999

Where a prosecution was discontinued and the defendant applied for his costs, the court should need to hear oral evidence before deciding whether his actions had brought the complaint upon himself. It was proper to hear and rely upon prosecution material, but should look for some independent element supporting an allegation.

Citations:

Gazette 03-Nov-1999, Times 17-Nov-1999

Criminal Practice, Magistrates, Costs

Updated: 09 April 2022; Ref: scu.83814

Mills and Others v The Queen: PC 1 Mar 1995

A judge’s identification direction need not always warn on the need for witnesses to be convincing. An unsworn statement from a defendant is significantly inferior to oral evidence.

Citations:

Times 01-Mar-1995, [1995] 1 WLR 511

Cited by:

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 – Anderson v HM Advocate HCJ 1996
The court considered the effect on a conviction of a failure by defence counsel. After considering the authorities: ‘It can only be said to have resulted in a miscarriage of justice if it has deprived the accused of his right to a fair trial. That . .
Cited – Bally Sheng Balson v The State PC 2-Feb-2005
PC (Dominica) The appellant had been convicted of the murder of his partner and appealed the conviction.
Held: The case did not fall within the case of Anderson, and counsel’s failure was not such as to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Evidence, Commonwealth

Updated: 09 April 2022; Ref: scu.83731

McDaid v United Kingdom; Ward v United Kingdom; Giles v UK; Leece v UK; Shorters v UK; Thwaites v UK: ECHR 17 Oct 2000

The court had previously found that the applicants’ rights to a fair trial had been infringed in the UK martial courts, in particular through the role of the convening officer. The court hearing that a friendly settlement had been reached with the applicants, struck out the proceedings.

Citations:

Times 17-Oct-2000, 34822/97, 34957/97, 34988/97, 35575/97, 35576/97, 35578/97, [2000] ECHR 463

Links:

Worldlii

Citing:

See Also – McDaid And Others v The United Kingdom ECHR 10-Oct-2000
. .
See Also – McDaid v United Kingdom ECHR 1996
(Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 09 April 2022; Ref: scu.83517

Kunnath v the State: PC 30 Jul 1993

The requirement that a trial must take place in the presence of the defendant is not limited to physical presence, but also requires a defendant to have available as necessary adequate interpretation. Unless he understood what was going on, he could not be said to have had a fair trial. It is the judge’s duty to ensure effective use of an interpreter. The defendant had made it clear that he had not understood the proceedings, but the Judge had continued. The conviction was quashed.

Citations:

Times 30-Jul-1993, Gazette 13-Oct-1993

Criminal Practice, Human Rights, Commonwealth

Updated: 09 April 2022; Ref: scu.82856

Kerr, Petitioner: HCJ 4 Jul 2000

It was appropriate for the court to prepare and rely upon notes prepared from its own records. The appellant had sought to argue that there had be an undue delay in the progress of his case. The court had, before the hearing prepared a schedule from its own records of the hearings. It was for the defendant asserting delay to prepare and present his own version of events. If that had conflicted with the court record, that could have been dealt with.

Citations:

Times 04-Jul-2000

Criminal Practice, Scotland

Updated: 09 April 2022; Ref: scu.82750

Johnson v Leicestershire Constabulary: QBD 7 Oct 1998

Where justices had become aware that a defendant had previous convictions, the test for whether they should be discharged was whether there was a real danger of bias from such knowledge. Proper allowance to be given for the effect of training given to the magistrates which would allow them to ignore such matters.

Citations:

Times 07-Oct-1998

Cited by:

Cited – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 April 2022; Ref: scu.82558

In Re Harry Jagdev and Co (Wasted Costs Order) (No 2 of 1999): CA 12 Aug 1999

A wasted costs order must specify the amount payable when it is made. It is not open to a judge to go back later and amend the order to correct the defect, and particularly not to do so by awarding a sum greater than the amount claimed. In this case in any event, the award had been at best borderline, the costs incurred had contributed to the swifter disposal of the case.

Citations:

Gazette 02-Sep-1999, Times 12-Aug-1999

Statutes:

Prosecution of Offences Act 1985 19A, Costs in Criminal Cases (General) Regulations 1986 (1986 No 1335)

Jurisdiction:

England and Wales

Costs, Legal Professions, Criminal Practice

Updated: 08 April 2022; Ref: scu.81933

In Re A Barrister (Wasted Costs Order) (No 9 of 1990): CACD 18 Apr 2000

Practitioners must make themselves aware of reported practice directions in the court before which they appeared. Defending counsel, having been misled as to his client’s conviction history made an agreement with the prosecution about character evidence. That arrangement unravelled, leading to the abandonment of the trial, and a wasted costs order. In this case that was unfair. The defence team had requested lists of previous convictions and they had not been provided, and the prosecution had also contributed to counsel’s error.

Citations:

Times 18-Apr-2000, Gazette 29-Jun-2000

Legal Professions, Criminal Practice

Updated: 08 April 2022; Ref: scu.81638

Hayter v L and Another: QBD 3 Feb 1998

A private prosecution of a youth for an offence after he had accepted a caution was not an abuse of process, since the cautioner had warned him of the possibility. Poole J said: ‘The right of private prosecutions is subject to a number of procedural limitations, eg justices’ refusal to enter a summons, the Attorney- General’s termination of proceedings by entering a nolle prosequi, the Attorney-General’s power in relation to vexatious litigants, the Director of Public Prosecutor’s power to take over private prosecutions and terminate them, whether by discontinuance, withdrawal or offering no evidence, and refusal of consent where consent is a condition precedent to the institution of criminal proceedings.
Nothing that I have heard in the course of argument here has persuaded me that we should in effect add what would amount to a further category of constraint to this list fitted to cases in which a caution has been issued. Nor, speaking for myself, am I persuaded that there is likely to be a flood of private prosecutions in cases where cautions have been administered should this appeal be allowed. The defendants argue that the offender’s admission, explicit in every caution case, could be used against him in a subsequent prosecution, but that is surely a matter for consideration under the court’s discretion both at common law and under section 78 of the Police and Criminal Evidence Act 1984.’

Judges:

Schiemann LJ and Poole J

Citations:

Times 03-Feb-1998, [1998] 1 WLR 854

Cited by:

Cited – Jones v Whalley Admn 10-May-2005
The defendant had been cautioned by the police for an assault on the claimant. The claimant then began a private prosecution which the magistrates stayed as an abuse of process.
Held: The caution administered was not simply a conviction so as . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 April 2022; Ref: scu.81288

Freemantle v The Queen: PC 7 Jul 1994

The judge’s warning to the jury about its dangers is needed, when the jury were being asked to consider uncorroborated visual identification evidence, unless, and exceptionally, the evidence is of such good quality as to stand without a warning. In this case though, although the direction was defective, the two eye witnesses had known the defendant for several years.

Citations:

Ind Summary 29-Aug-1994, Gazette 12-Oct-1994, Times 07-Jul-1994, [1994] 1 WLR 1437

Cited by:

Cited – Bertrand Roberts and Roland Roberts v The State PC 15-Jan-2003
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the . .
Lists of cited by and citing cases may be incomplete.

Evidence, Criminal Practice, Commonwealth

Updated: 08 April 2022; Ref: scu.80681