s.1

The claim of a prisoner detained in a hospital that the Lord Chancellor’s powers under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were to be interpreted so as to give effect to a right to free legal representation by a lawyer of his choice in tribunal proceedings under ECHR art.5(4), art.6 or art.8 was unarguable.

[2017] EWHC 410 (Admin)

The court upheld a conviction for damaging property contrary to the Criminal Damage Act 1971 s.1(1) where the judge had given an appropriate direction as to lawful excuse and had correctly observed that no case on s.5(2) properly arose on the evidence.

[2017] EWCA Crim 1000

Offences under the Trade Marks Act 1994 s.92 extended not just to counterfeit goods but also to “grey goods”, namely goods where the trade mark had been affixed with the proprietor’s consent, but where the proprietor had not consented to their sale, distribution or possession by others.

[2016] EWCA Crim 1617

The Northern Ireland Court of Appeal did not have jurisdiction to re-open six appeals against conviction arising out of the Supreme Court’s judgment in R. v Jogee (Ameen Hassan) [2016] UKSC 8 which clarified the law on accessory liability. Putting the law right did not render all convictions invalid which had been arrived at over many years by faithfully applying the law as had been laid down in previous authorities. The appropriate recourse was for the defendants to refer their cases to the Criminal Cases Review Commission.

[2016] NICA 40

The court reiterated that there was a “very high hurdle” to overcome when seeking to challenge a decision of investigators of the Serious Fraud Office. While none of the authorities precluded a challenge, they lent no encouragement to the bringing of any such challenge.

[2016] EWHC 2471 (Admin)

On a proper construction of the Crime (Sentences) Act 1997 s.28(5), the Secretary of State for Justice was not under any duty to release a life prisoner as soon as the Parole Board had directed their release. In a case where residence at approved premises was specified as a licence condition, she was only obliged to release once a place at the approved premises was available for the prisoner.

[2016] EWHC 2057 (Admin)

Transport for London’s policy of revoking a private hire driver’s licence following a caution for touting served the legitimate aim of increasing public safety by deterring touting and was in accordance with the ECHR. The Rehabilitation of Offenders Act 1974 Sch.2 para.1, requiring a caution to be regarded as spent at the time that it was given, was irrelevant to the lawfulness of that policy since the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 art.2 excepted private hire licences from the scope of the rehabilitation provisions.

[2016] EWHC 2597 (Admin)

In considering the mens rea of the offence of making an indecent image of a child contrary to the Protection of Children Act 1978 s.1(1)(a), a distinction had to be drawn between cases where images were made by downloading to a phone or computer and those where the image was made by the more direct action of photographing or filming. In cases of photographing or filming, the s.1(1)(a) offence was made out by the deliberate act of photographing or filming without the need for knowledge that the image was or was likely to be of an underage child.

[2016] EWCA Crim 745

In the circumstances, an imitation sub-machine gun was a prohibited firearm for the purposes of the Firearms Act 1968 s.5(1)(aba) because it was readily convertible into a firearm without the use of special knowledge or tools.

[2016] EWCA Crim 443

The court considered the degree of particularity required in a count alleging an offence of trespass with intent to commit a sexual offence contrary to the Sexual Offences Act 2003 s.63(1)

[2016] EWCA Crim 569

The Court of Appeal rejected a contention that, in order for the actus reus of an offence contrary to the Terrorism Act 2000 s.12(1)(a) to be made out, there had to be an invitation by a defendant to others to join him in providing practical or tangible support to a proscribed organisation. On a proper interpretation of that provision, it had to be determined whether a defendant knowingly used words which in fact invited support for that organisation. That broader interpretation was not incompatible with rights under the ECHR or the Charter of Fundamental Rights of the European Union.

[2016] EWCA Crim 1436

Northern Ireland’s Prison Service’s policy of denying enhanced status under the Progressive Regimes and Earned Privileges Scheme to prisoners who had unsuccessfully appealed their convictions and applied to the Criminal Cases Review Commission seeking reference of their cases to the Court of Appeal was not irrational, unreasonable or unfair.

[2016] NIQB 18

A disabled person’s reclaiming motion against a decision of the Lord Ordinary that the Lord Advocate’s policy in relation to prosecution for homicide was in accordance with the law as required by ECHR art.8(2) was refused where the concepts involved were well understood, there was no requirement for the Lord Advocate to set out those concepts in offence specific guidelines, and the interference with R’s rights was in accordance with the law.

[2016] CSIH 12

The court considered the requirement in the Extradition Act 2003 s.2(6)(b) for European arrest warrants to contain “particulars of conviction”, particularly where sentences for other offences had been merged into the sentence for the extradition offence. Where the total sentence seemed to be longer than the sentence which the extradition offence would attract, and where other offences had not been particularised, that was a strong indicator that the warrant would not be valid.

[2016] EWHC 124 (Admin)

Even though a prisoner had not been released 18 months after the Parole Board had given a direction which was intended to result in his release on licence, the delay had not been caused by any breach of statutory duty or discrimination.

[2015] EWHC 3245 (Admin)

The court quashed an indeterminate sentence of imprisonment and replaced it with a hospital order and a restriction order pursuant to the Mental Health Act 1983 s.37 and s.41. Fresh medical evidence showed that the offender was suffering from a longstanding schizophrenic illness that had not been identified at the time of sentencing.

[2015] EWCA Crim 2249

It was contrary to the purpose of the Corporate Manslaughter and Corporate Homicide Act 2007 to abandon a corporate manslaughter prosecution simply because it referred to events which took place prior to the Act coming into force. Whilst pre-commencement events could not found a charge of corporate manslaughter, they could be relevant to it. The Crown did not have to name those whom it alleged had failed to carry out their management functions properly; it had to identify the management tier considered to be the lowest level of the senior management team culpable of the offence and to particularise the case against it.

[2015] EWHC 2967 (QB)

The appellant, who had been in possession of an air pistol for many years, should not have been convicted of possessing a prohibited air weapon contrary to the Firearms Act 1968 s.5(1)(af). The effect of the Anti-social Behaviour Act 2003 s.39(4) was to allow those in possession of air weapons of the relevant description to continue to hold them provided they had a firearms certificate.

[2015] EWCA Crim 1278

The court considered the principles governing the exercise of its discretion under the Criminal Appeal (Northern Ireland) Act 1980 s.16(2) to extend time to apply for permission to appeal.

[2015] NICA 39

The Serious Fraud Office would be required, under the Prosecution of Offences Act 1985 s.19, to pay a large proportion of the costs incurred by six defendants in successfully contesting a charge of conspiracy to defraud: the Serious Fraud Office had put its case in four different ways, yet on each occasion it had failed to conduct a proper legal analysis of the case.

[2015] EWHC 263 (QB)

In wrongly ruling that an air pistol was not a prohibited weapon under the Firearms Act 1968 s.5(1)(aba), a judge had failed to correctly apply the definition of “air weapon” in s.1(3)(b).

[2015] EWCA Crim 5

It was possible for an unlicensed gangmaster to be in a position whereby he was expected to safeguard the financial interests of another person within the meaning of the Fraud Act 2006 s.4. The critical factor in the instant case was that there was evidence that the gangmasters had assumed control of, and responsibility for, collecting the workers’ wages or that they controlled the wages when they were handed over.

[2014] EWCA Crim 2888

A consent order quashing an adjudicator’s award that a prisoner should serve additional days in custody had removed any legal basis for that award. As the prisoner had served 11 additional days he was entitled to damages for breach of the ECHR art.5.

[2014] EWHC 3886 (Admin)

The High Court did not have jurisdiction to determine an appeal from a costs order made by a district judge under the Extradition Act 2003 s.60(1), where a person had challenged the order as a part of an unsuccessful appeal against the imposition of an extradition order. However, the High Court did have jurisdiction to vary or quash a costs order imposed under s.60(1) where the extradition order had been successfully appealed under s.26 and s.27.

[2014] EWHC 3238 (Admin)

An individual, who had an interest in a Spanish property currently subject to litigation to determine its ownership, was not entitled to a certificate of inadequacy under the Drug Trafficking Offences Act 1986 s.14 since he could not prove that he had insufficient assets to meet a confiscation order. Unless an individual could demonstrate that an asset was reduced to a nil value, any difficulty in realising his interest in it had to be disregarded; once the Spanish proceedings were resolved, the availability and value of the property could be determined.

[2014] EWHC 819 (Admin)

The management of unnotified parades in Northern Ireland was outside the competence of the Parades Commission established under the Public Processions (Northern Ireland) Act 1998; instead, such management was the responsibility of the police on the basis of their general public order powers and their obligation to prevent crime. The decision to manage disruption instead of seeking to prevent such parades was well within the area of discretionary policing judgement.

[2014] NICA 56

The fact that repeated untrue malicious allegations might be easily rebutted did not mean that they were not oppressive harassment within the Protection from Harassment Act 1997 s.1.

The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.

[2014] EWCA Crim 299

Convictions for fraud by abuse of position were quashed in respect of a husband and wife who had withdrawn £100,000 of an elderly relative’s money from a joint bank account and used it purchase a property, the legal title of which they transferred to their daughter. The husband had had the authority to remove the money as a joint account holder and the jury had not been properly directed that the relative’s equitable interest in the property remained despite the transfer of legal title.

[2014] EWCA Crim 598

A defendant would be guilty of assisting unlawful immigration, and breaching an immigration law within the meaning of the Immigration Act 1971 s.25(2)(c), where he fraudulently obtained an extension of an immigrant’s leave to remain. It did not matter that the immigrant was lawfully present in the UK at the time of the offence.

[2013] EWCA Crim 2543

A conviction for possession of an article for use in fraud contrary to the Fraud Act 2006 s.6(1) was quashed, where the judge had wrongly directed the jury that it should convict if it was sure that a petrol can found in the defendant’s possession six months after committing offences of fraudulently obtaining petrol had been used for the purposes of fraud. Section 6(1) was intended to prevent the possession of articles intended for present or future use, not those which had been used in the past.

[2013] EWCA Crim 2278

An indictment charging an offence of assisting unlawful immigration which did not set out the particular immigration law alleged to have been breached had not rendered a conviction unsafe where there had been no request to provide further particulars and the accused had conceded that he had carried out acts that had facilitated breaches of immigration laws.

[2013] EWCA Crim 1610

In order to give effect to the expression “causes … death … by driving”, an unlicensed, disqualified or uninsured driver charged with an offence under the Road Traffic Act 1988 s.3ZB had to be shown to have done something other than simply putting his vehicle on the road so that it was there to be struck. Some kind of fault in the manner of his driving was a necessary element of the offence.

[2013] UKSC 56

A sentence of two years’ imprisonment was appropriate for a young offender who had launched computer attacks upon the websites of various organisations and hacked into two people’s personal and financial information. The prevalence of computer crime, the fact that organisations were compelled to spend substantial sums combating it and the potential impact on individuals meant that sentences for such offences should involve a real element of deterrence.

[2013] EWCA Crim 1420

The detention of the claimants for several hours in a police cordon with thousands of other people had been a deprivation of their liberty in breach of the European Convention on Human Rights 1950 Art.5 (1) but was justified as there had been a conditional intention to arrest those whom it was lawful and practicable to arrest. The detention had also amounted to false imprisonment but it had been necessary for the protection of everyone to detain the crowd until dispersal could be arranged safely.

[2005] EWHC 480 (QB)

The Regulation of Investigatory Powers Act 2000 s.2(7) extended the concept of transmission so as to include a situation where a voicemail message had been initially received by the intended recipient and was stored in the communication system where the intended recipient might have continued access to it.

[2013] EWCA Crim 1026

A magistrates’ court did not have the power to add a charge of dangerous driving to a list of other offences, where the Crown did not seek to do so.

[2013] EWHC 1922 (Admin)

A European arrest warrant, which was ambiguous as to whether it related to one or two offences, was valid for the purposes of extradition where further information from the requesting authorities had led a district judge to conclude that the warrant related to one offence only. The warrant was not an abuse of process because the information it contained would not have had an effect on the proper operation of the statutory scheme that would have led to unfairness.

[2013] EWHC 1515 (Admin)

There was no “closest fit” principle in deciding between the various pre-emptive orders available to control violence; provided the statutory conditions were met, it was at the judge’s discretion.

[2013] EWCA Civ 552

There was a breach of the Children and Young Persons Act 1933 s.31 where a 13-year-old with autism and learning difficulties, whilst detained in custody at a magistrates’ court, walked from his cell past two adult detainees and experienced a “cacophony” of sounds in the cell area.

[2013] EWHC 1119 (Admin)

A five-year restraining order imposed under the Protection from Harassment Act 1997 s.5A to prevent an offender, who had had mental health issues, from contacting his daughter, who he had stabbed, and other family members was quashed where the offender had not engaged in a relevant course of conduct as defined in s.7 of the Act which justified imposing the order.

[2013] EWCA Crim 591

The Home Secretary’s refusal to revise Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 so as to distinguish the procedures applicable to a 17-year-old detainee in police custody from those applicable to an adult was unlawful. Treating 17-year-olds in detention as adults was contrary to the European Convention on Human Rights 1950 art.8.

[2013] EWHC 982 (Admin)

In order to rely on the Protection from Harassment Act 1997 s.1(3)(a), which exempted liability for a course of conduct “pursued for the purpose of preventing or detecting crime”, the alleged harasser would have to show that he had acted rationally.

[2013] UKSC 17

The Extradition Act 2003 s.2(6)(b) and s.2(6)(e) did not require a European Arrest Warrant to include details of an offence which resulted in the activation of a suspended sentence of imprisonment for which a person’s extradition was being sought.

[2013] EWHC 433 (Admin)

The defendant’s convictions for raping his partner were safe where there was expert evidence that his mental illness had not affected his ability to understand whether his partner had consented. Even if that were wrong, delusional beliefs that a victim was consenting could not render reasonable a belief that the victim was consenting when they were not.

[2013] EWCA Crim 3

Under the Road Traffic Offenders Act 1988 s.1(3), a notice of prosecution was deemed to have been served unless and until the contrary was proved. In the absence of such proof, the Crown was under no obligation to prove service.

[2013] EWHC 2544 (Admin)

The Gangmasters Licensing Authority had not acted in breach of its “Dairy Policy” in prosecuting, under the Gangmasters (Licensing) Act 2004 s.13(1), a dairy business which had employed a herdsman supplied by an unlicensed gangmaster and paid by that gangmaster at a rate below the minimum wage. The Authority’s practice of prosecuting dairy businesses which had employed such workers for more than 12 months was a permissible interpretation and application of the policy.

[2012] EWHC 3658 (Admin)

A judge had erred in treating the maximum sentence for unlawful sexual intercourse with a child as two years’ imprisonment because the reasoning which had led to the adoption of a notional maximum for offences committed against children between the ages of 13 and 15 could not apply when the child was under the age of 13 years. The offender’s sentence had therefore been unduly lenient and was increased from 12 months’ imprisonment to two years’ imprisonment.

[2012] EWCA Crim 2848

The actions and/or omissions of a registered carer who was motivated by a wish or sense of obligation to respect the autonomy of an individual under her care, who had some level of capacity for making her own decisions, would not constitute wilful neglect under the Mental Capacity Act 2005 s.44.

[2012] EWCA Crim 2521

A judge had erred in making a restraining order under the Protection from Harassment Act 1997 s.5A, preventing a defendant from travelling on any domestic or international commercial airline for three years, where the defendant had been acquitted, by reason of insanity, of offences of criminal damage and interfering with the performance of the crew of an aircraft in flight. There was no identified victim, no proven risk of harassment within the meaning of the Act and the order did not satisfy the fundamental criterion of necessity within s.5A.

[2012] EWCA Crim 2566