Search for: "Regina"
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24 Sep 2008, 8:18 am
Regina v Al-Ali; [2008] WLR (D) 302 “When granting leave to a prosecutor to appeal from a ruling of a trial judge in the Crown Court, the Court of Appeal (Criminal Division) should look rather more widely at the interests of justice than simply considering whether the appeal had a realistic prospect of success because even if the judge's ruling were held to be wrong it would only be if it were in the interests of justice that an order should be made to resume the trial or to… [read post]
25 Apr 2012, 1:57 am
Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120 “The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied… [read post]
20 Mar 2009, 3:39 am
Regina v Balshaw [2009] EWCA Crim 470; [2009] WLR (D) 102 “Where a person was convicted of an offence before the Crown Court, and was ordered to pay costs to the prosecutor, there was no principle that the order was proscribed where the costs were designed to compensate a third party. [read post]
15 Jul 2009, 2:52 am
Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239 “A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing. [read post]
12 Nov 2009, 3:44 am
Regina v Gilham [2009] EWCA Crim 2293; [2009] WLR (D) "In relation to the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be established that there has been copying of the whole or a substantial part [...] [read post]
18 Apr 2008, 1:26 am
Regina (Black) v Secretary of State for Justice Court of Appeal “Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of his detention decided speedily by a court. [read post]
20 May 2010, 3:26 am
Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126 “Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. [read post]
8 Apr 2010, 3:05 am
Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93 ”The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that… [read post]
20 May 2010, 3:20 am
Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125 “Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or disposed of in… [read post]
22 Feb 2012, 2:05 am
Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38 “The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with… [read post]
5 Apr 2012, 3:33 am
Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114 “When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by… [read post]
21 Oct 2009, 1:56 am
Regina (GG) v Secretary of State for the Home Department Court of Appeal “There was no general requirement in a control order to submit to searches of the person. [read post]
17 Mar 2010, 3:38 am
Regina v Hussain (Shabbir) Court of Appeal “A person in possession of controlled drugs who intended to supply them outside the jurisdiction did not commit an offence. [read post]
16 Aug 2011, 2:18 pm
A decade after fleeing the Democratic Republic of Congo for the United States, having endured rape, imprisonment, and torture in her homeland, Regina Bakala found herself locked in a U.S. prison facing deportation to almost certain death. [read post]
23 Jun 2009, 1:44 am
Regina v McQuoid Court of Appeal (Criminal Division) “Deliberate insider dealing was a species of fraud for which prosecution, rather than regulatory proceedings, would often be more appropriate. [read post]
1 Jul 2009, 3:35 am
Regina v Clarke (Joseph) Court of Appeal “Where a defendant had been sentenced to an absolute or conditional discharge, the crown court had no power to impose a confiscation order. [read post]
12 Jun 2009, 2:16 am
Regina v Islam House of Lords “It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation. [read post]
3 Mar 2010, 2:37 am
Regina v Iqbal Court of Appeal “For the time for proceedings for a confiscation order to be postponed, or extended beyond the permitted period of two years starting with the date of conviction, an application had to be made during the permitted period. [read post]
11 Jun 2010, 2:27 am
Regina v Burns Court of Appeal “Any right there might be to withdraw licence to a visitor to remain in one’s house and to use reasonable force to eject her therefrom could not be extended to one’s motor vehicle. [read post]
12 Jan 2009, 1:55 am
Regina v Winters Court of Appeal (Criminal Division) “For the purpose of making the required assumptions in order to determine whether a defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that the defendant had made payments out of payments received by him in connection with his drug trafficking. [...] [read post]
