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5 Dec 2008, 9:52 am
Regina v Davison Court of Appeal (Criminal Division) “The length of a community order was not necessarily governed by how long it took the offender to carry out a specified task. [read post]
8 May 2007, 2:58 am
Capacity to consent after drink Regina v. [read post]
16 May 2008, 1:55 am
Regina v Kempster Court of Appeal (Criminal Division) “Evidence of those experienced in comparing ear-prints was capable of being relevant and admissible but such comparison would provide information which could identify the person who had left it on a surface only when sufficient minutiae could be identified and matched. [read post]
10 Sep 2008, 9:15 am
Regina v Popat Court of Appeal “It was preferable for crown court judges to direct police officers not to execute a warrant for the arrest except at the crown court, of a witness who had failed to appear in response to a summons, if satisfied that if the witness was going to attend voluntarily or was going to accompany them, or at least to back the warrant for bail. [read post]
25 Aug 2009, 1:55 am
Regina v Charles Court of Appeal (Criminal Division) “Where a person was charged with an offence of doing something which he was prohibited from doing by an antisocial behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution. [read post]
2 Jul 2007, 2:47 am
Admitting previous misconduct Regina v. [read post]
4 Mar 2009, 2:11 am
Regina v Fortean Court of Appeal “Where an application for leave to appeal against conviction or sentence was wholly without merit, the Court of Appeal, Criminal Division, would exercise its power to order that part of the time spent in custody pending appeal should not count towards sentence so that applications by those who had some [...] [read post]
27 Aug 2009, 2:26 am
Regina v I (C) and others; [2009] WLR (D) 286 “A judge who had conducted the case management of a long or complex case, whether or not as a preparatory hearing, had to conduct the trial in that case unless there were sufficiently compelling cause to depart from that rule. [read post]
24 Jan 2011, 2:23 am
Regina v Iqbal (Shaid) [2011] WLR (D) 6 “The common law offence of escape from lawful custody did not cover those who escaped from detention or control before they were arrested. [read post]
16 Mar 2009, 3:01 am
Regina v Cole Court of Appeal (Criminal Division) “A trial judge's attitude towards defence counsel, which included sending her a note headed ‘6 P's’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial. [read post]
3 Feb 2011, 3:27 am
Regina (Z) v Croydon London Borough Council [2011] EWCA Civ 59; [2011] WLR (D) 29 “Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. [read post]
27 Apr 2010, 2:48 am
Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102 “The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. [read post]
10 Nov 2008, 10:47 am
Regina (Noone) v Governor of Drake Hall Prison and Another Court of Appeal “Where a sentence of differing terms of imprisonment was passed in respect of a number of offences, some under the Criminal Justice Act 1991 and others under the Criminal Justice Act 2003, any terms imposed for less than 12 months would be governed by the 1991 Act, but for those over 12 months the governing statute would depend on whether the offence was committed before or after April 4, 2005. [read post]
6 Jun 2007, 2:03 am
Parole board 55-day target unlawful Regina (Cooper) v. [read post]
15 Oct 2008, 9:01 am
Regina v S(F) and A(S) Court of Appeal “The key or password which provided access to an encrypted computer file was a fact. [read post]
21 Nov 2008, 10:08 am
Regina (Zimbabwe) v Secretary of State for the Home Department Court of Appeal “Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review. [read post]
17 Nov 2008, 11:08 am
Regina (Purdy) v Director of Public Prosecutions Queen's Bench Divisional Court “The statutory prohibition on assisted suicide did not engage the right to private life protected under article 8.1 of the European Convention on Human Rights. [read post]
15 Aug 2011, 3:49 am
Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) [2011] EWCA Civ 954; [2011] WLR (D) 275 “On the true meaning of section 21(1)(a) of the National Assistance Act 1948, as amended, an asylum seeker suffering from depression and mental health difficulties who had been granted indefinite leave to remain was entitled to residential accommodation if the local authority had provided a programme of assistance and support to him through a care… [read post]
25 Jan 2012, 2:06 am
Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners [2012] EWCA Civ 15; [2012] WLR (D) 6 “Section 139(1) of the Customs and Excise Management Act 1979 gave customs officers power to detain goods only where they were ‘liable to forfeiture’ in the sense that the relevant facts empowering the court to order forfeiture actually existed; it was not enough that the relevant officer reasonably suspected that such facts might exist in respect… [read post]
28 Apr 2008, 2:08 am
Regina v Greaves Court of Appeal (Criminal Division) “Accompanying papers of great bulk and some complexity did not turn an unarguable, unmeritorious, application for leave to appeal against conviction into one which was arguable; nor did bulk and complexity operate as some kind of unspoken barrier to making a loss-of-time order under section 29 of the Criminal Appeal Act 1968. [read post]
