D applied for permission to cross-examine C in relation to her previous convictions, on the ground that the matters went to her credibility, pursuant to s.100 of the CJA 2003. The judge refused the application. D was convicted. On appeal, the court considered whether the previous convictions were relevant to C’s propensity to behave in the manner alleged by D. The appeal would be allowed. Whilst, in the case of D’s bad character, propensity to commit offences of the kind with which he was charge ...
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D was facing trial and learned that the complainant had been arrested for a serious offence. By the time the day of trial arrived the CPS had not served details of that matter, so D was not in a position to make a bad character application. An application to adjourn was made, not opposed by the Crown. The justices ordered the trial to proceed and S was convicted. Held: The magistrates’ court decision to refuse the adjournment and accordingly deprive D of his right to disclosure under the CPIA 19 ...
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D was an immature boy of 14, of previous good character. He was accused of putting his finger into the vagina of C, an eight-year-old girl, who was a friend of his sister’s and whom he knew well. C complained when D asked if he could do it a second time. She also claimed that he had ’snogged’ her. He came before the youth court charged with offences contrary to s.6 and 7 SOA 2003. The Crown suggested to the court that the offences with which he was charged were grave offences under s.91(1) of th ...
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Representation order was refused. An issue arose as to whether it had been open to the deputy district judge to conclude that D was not at risk of a custodial sentence. Held: The application would be dismissed. Given the intention of various statutory schemes to keep young offenders out of custody, the chance that D would receive a sentence of detention was so remote that it was open to the deputy district judge to conclude that such risk could be discounted for all practical purposes. Although ...
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There was no reason to interfere with the conviction and sentence of a teenage boy in relation to four counts of rape of a very young boy. Despite inconsistencies between the differing accounts of the victim and two young witnesses the trial judge had been entitled to conclude that it was for the jury to consider the victim's reliability as a witness.
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By making the maximum sentence for the importation of all Class C drugs 14 years, Parliament had not intended to distinguish between cannabis and diazepam. The increase in sentence related to the importation of all Class C drugs, and it reflected the extreme seriousness with which Parliament viewed offences of that type.
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Legislation creating an absolute offence could subject D to conviction in circumstances where he had done nothing blameworthy and prosecution for such an offence might infringe the D’s human rights. However, the legislation would not render the trial under which it was enforced unfair nor would it infringe the presumption of innocence.
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S.5 SOA 2003 is not incompatible with Art.6 ECHR. The possibility that prosecution of a child under s.5 rather than s.13, or indeed prosecution at all, in relation to consensual sexual intercourse may, on the particular facts, produce consequences that amount to an interference with the child's Art.8.1 rights that are not justified under Article 8.2. Where, however, as here no criticism can be made of an initial charge of breach of s.5, it does not follow that the judge must necessarily substitu ...
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The Court made a declaration of incompatibility with the HRA 1998 in relation to control orders made under the Prevention of Terrorism Act (PTA) 2005. The procedures, pursuant to s.3 PTA, relating to the supervision by the court of the making of non-derogating control orders by the secretary of state under s.2 PTA, were incompatible with D’s right to a fair hearing under Art.6 ECHR.
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Guidelines issued by the Sentencing Guidelines Council (Guideline: New Sentences: Criminal Justice Act 2003) did not apply to sentences under s.110 and 111 PCC(S)A 2000.
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