Danny Nightingale case: court of appeal to rule on jailed SAS soldier – The Guardian

“An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal.”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

News International must pay Andy Coulson legal fees, appeals court rules – The Guardian

Posted November 28th, 2012 in appeals, fees, interception, media, news by sally

“Andy Coulson’s legal fees relating to criminal investigations into alleged illegal activity at the News of the World while he was editor should continue to be paid by News International, the court of appeal has ruled.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

Regina v Jaddi – WLR Daily

Posted November 28th, 2012 in appeals, asylum, fraud, law reports, possession of false identity documents by sally

Regina v Jaddi [2012] WLR (D) 347

“Where the questions of whether an asylum seeker had come to the United Kingdom directly from a country where his life had been threatened after staying in Italy for a few days and whether he had made a claim for asylum as soon as reasonably practicable in the United Kingdom had not been fully investigated by immigration control after false identity documents were presented, the defence under section 31 of the Immigration and Asylum Act 1999 should have been made available to him and the facts were for the jury to decide.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Bamber ‘life term’ appeal starts in European court – BBC News

Posted November 28th, 2012 in appeals, human rights, murder, news, sentencing by sally

“Murderer Jeremy Bamber and two other killers will have their appeal against spending the rest of their lives in prison heard in the European Court of Human Rights later.”

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BBC News, 28th November 2012

Source: www.bbc.co.uk

Christopher Halliwell’s ‘lenient’ murder term is appealed – BBC News

Posted November 28th, 2012 in appeals, murder, news, sentencing by sally

“An appeal is to be launched into the ‘lenient’ sentence of a taxi driver who murdered an office worker in Swindon.”

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BBC News, 27th November 2012

Source: www.bbc.co.uk

Crown Prosecution Service v Eastenders Cash and Carry plc and others – WLR Daily

Crown Prosecution Service v Eastenders Cash and Carry plc and others [2012] EWCA Crim 2436; [2012] WLR (D) 346

“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange

Posted November 27th, 2012 in appeals, hearsay evidence, judgments, news by sally

“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”

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Halsbury’s Law Exchange, 26th November 2012

Source: www.halsburyslawexchange.co.uk

In re Press Association – WLR Daily

In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343

“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by sally

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435;   [2012] WLR (D)  338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Cambridge Crown Court rapist anonymity order overturned – BBC News

Posted November 22nd, 2012 in anonymity, appeals, media, news, rape, reporting restrictions by sally

“The Court of Appeal has overturned an order made by a Cambridge judge who said a convicted rapist could not be identified by the media.”

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BBC News, 22nd November 2012

Source: www.bbc.co.uk

Pomiechowski v District Court in Legnica, 59-220 Poland – WLR Daily

Posted November 22nd, 2012 in appeals, extradition, law reports, warrants by sally

Pomiechowski v District Court in Legnica, 59-220 Poland [2012] EWHC 3161 (Admin); [2012] WLR (D) 331

“It was acceptable for a European arrest warrant to contain particulars of both convictions and accused offences.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

Regina v YDG; Regina v ZSB – WLR Daily

Posted November 22nd, 2012 in abuse of process, appeals, criminal procedure, law reports, proceeds of crime by sally

Regina v YDG: Regina v ZSB: [2012] EWCA Crim 2437;   [2012] WLR (D)  332

“Where a judge had directed, pursuant to section 29 of the Criminal Procedure and Investigations Act 1996, that there should be a preparatory hearing, and the conditions of that section were satisfied, he had no power to revoke his direction.”

WLR, 20th November 2012

Source: www.iclr.co.uk

Facebook faux pas and disciplinary proceedings – when do human rights come in? – UK Human Rights Blog

“Two employment cases, about Facebook and train tickets respectively, indicate the difficulties of deciding where human rights may or may not be raised in disputes between private parties – neither defendant in these cases was a public authority.”

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UK Human Rights Blog, 21st November 2012

Source: www.ukhumanrightsblog.com

Danny Nightingale: the Attorney’s right, Hammond was wrong – Head of Legal

Posted November 22nd, 2012 in appeals, armed forces, attorney general, courts martial, firearms, news by sally

“The Attorney General Dominic Grieve has been criticised for refusing to intervene in the case of Danny Nightingale, a soldier who pleaded guilty at a Court Martial recently to illegal possession of a gun and ammunition. Apparently Danny Nightingale’s solicitor intends to appeal, presumably against the sentence of 18 months detention. Grieve refused to intervene following a written request to do so from the Secretary of State for Defence, Philip Hammond.”

Full story

Head of Legal, 20th November 2012

Source: www.headoflegal.com

Sgt Danny Nightingale to appeal against gun conviction – BBC News

Posted November 22nd, 2012 in appeals, armed forces, courts martial, firearms, news by sally

“Lawyers for an SAS soldier detained for possessing a pistol which he said was given as a war gift have launched an appeal against his conviction.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Whole life prison terms upheld by Court of Appeal – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, murder, news, prisons, rape by sally

“The Court of Appeal has upheld the principle of whole life sentences for the most dangerous of offenders, saying it does not breach human rights.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Regina (Gujra) v Crown Prosecution Service – WLR Daily

Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330

“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Jailed SAS sniper Danny Nightingale to lodge appeal over sentence – The Guardian

“An SAS veteran of Iraq and Afghanistan will lodge an appeal on Wednesday against a decision to jail him for possessing a pistol and live ammunition at his home in Britain.”

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The Guardian, 20th November 2012

Source: www.guardian.co.uk

Judges ruling on whole-life case – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, judges, murder, news, rape, sentencing by sally

“Five leading judges are to rule on appeals by four convicted criminals against their whole-life tariffs.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk