The Key Cases of 2022

R (Joseph) v Director of Public Prosecutions [2022] 1 Cr App R 17

The court explained what it called the polycentric decision-making process when considering possible criminal prosecution of a young person. It also discussed the approach to be taken where there is a tension between different guidance documents issued by the Crown Prosecution Service.

ADDED Wednesday 11th May 2022
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R (Lynch) v Westminster Magistrates’ Court [2022] 1 WLR 2065

The case related to an extradition request from the US to the UK following a highly contentious corporate takeover. It threw into sharp relief the question whether it is ultimately for the politicians or for the judges to drive the timetable for a final decision on whether extradition should go ahead.

ADDED Tuesday 10th May 2022
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Palmview Estates Ltd v Thurrock Council [2022] 1 WLR 1896

The case concerned the Health and Safety legislation relating to houses in multiple occupation and, specifically, the ambit of the defence of ‘reasonable excuse’ for failure to obtain a licence to control or manage a property where a licence is required.

ADDED Thursday 5th May 2022
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ZXC v Bloomberg LP [2022] 2 WLR 424

The Supreme Court considered whether a suspect under criminal investigation, but not yet charged, has a reasonable expectation of privacy regarding the ongoing inquiry.

ADDED Tuesday 3rd May 2022
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Scott v Director of Public Prosecutions [2022] 1 Cr App R 16

The case concerned whether the offence of encouraging or assisting the commission of an offence under section 45 of the Serious Crime Act 2007 can be committed in respect of an offence which is already underway.

ADDED Thursday 28th April 2022
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Cojanu v Essex Partnership University NHS Trust [2022] 4 WLR 33

The case underlines that all are equal before the law. Convicted criminals, even those convicted of the gravest of crimes, who later lie about that fact in civil proceedings will not thereby be shut out from their remedies before the civil courts.

ADDED Monday 25th April 2022
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R (Cleeland) v Criminal Cases Review Commission [2022] 4 WLR 8

In the latest instalment of a long history of attempts by a convicted murderer to overturn his conviction, the Court of Appeal (Civil Division) considered whether it had jurisdiction and what principles are applicable in a judicial review of the CCRC.

ADDED Tuesday 19th April 2022
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R v Brown (James Hugh) [2022] 1 Cr App R 18

The case arose from ‘direct action’ by a group linked to Extinction Rebellion. Where a protester was charged with public nuisance at common law, rather than with the available statutory offences, did that constitute an abuse of the process of the court?

ADDED Wednesday 13th April 2022
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Pwr v Director of Public Prosecutions [2022] 1 WLR 789

Is the offence of wearing, carrying or displaying an article showing support for a proscribed organisation (Terrorism Act 2000, s.13) one of strict liability? And is it compatible with the right to freedom of expression under Article 10 of the ECHR?

ADDED Tuesday 12th April 2022
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USA v Assange [2022] 4 WLR 11

Following the request to extradite Julian Assange to the US on charges of obtaining and disclosing national security material, the US Govt appealed from a DJ's discharge of Mr Assange based on the conditions in which he was likely to be incarcerated.

ADDED Tuesday 8th March 2022
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Top Ten Most Talked About Videos from the CrimeCast Archive

'The Grenfell Tower bonfire night effigy'

“A video mocking the victims of the Grenfell tragedy had been sent via Whatsapp and posted on YouTube. The man who allegedly filmed the video was charged with sending a grossly offensive message by means of a public electronic communications network.”
Re-released: Monday 21st March 2022
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The calculation of the default terms of imprisonment where members of a criminal gang are each made the subject of confiscation orders based at least in part on the value of criminal property which they acquired together from a criminal conspiracy.

Re-released: Sunday 20th March 2022
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'The Fishmongers’ Hall terrorist atrocity'

The lawfulness of steps taken by the Justice Secretary and the Probation Service, following the Fishmongers’ Hall terrorist attack, to tighten the licence conditions of terrorist offenders released on licence.
Re-released: Saturday 19th March 2022
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When will the Court of Appeal give leave to an appellant to make submissions on an additional ground of appeal against conviction, even though the court has already decided that the appeal must be allowed and the conviction quashed on other grounds?

Re-released: Friday 18th March 2022
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'Boris Johnson’s prorogation of Parliament'

The case concerned whether Boris Johnson's advice to the Queen to prorogue Parliament for an extended period (advice which she was constitutionally bound to follow) trespassed beyond the limits of the prerogative power and whether it was justiciable.

Re-released: Thursday 17th March 2022
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The case concerned whether the Bankers’ Books Evidence Act 1879 can be deployed in aid of overseas proceedings and whether it extends to business documentation held by a bank other than transactional records (including regulatory compliance documents).

Re-released: Wednesday 16th March 2022
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“The attempts by Shamima Begum, the so-called ‘ISIS child bride’, to overturn decisions by the former Home Secretary, Sajid Javid MP, stripping her of her British passport and refusing entry clearance and leave to re-enter the UK.”

Re-released: Tuesday 15th March 2022
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One of the most notorious murder cases of recent times prompted the court to consider the scope of the prosecution’s disclosure obligations post-conviction and also the role of the Criminal Cases Review Commission in correcting miscarriages of justice.

Re-released: Monday 14th March 2022
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The relationship between the police and the Crown Prosecution Service as an independent public prosecution body, and the duty of public bodies to act independently, transparently and not incompatibly with ECHR rights.
Re-released: Sunday 13th March 2022
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The Supreme Court considered whether there is any principle of the common law which prevents HM Government providing to the authorities of another jurisdiction information which might lead to the imposition of the death penalty in that jurisdiction.

Re-released: Saturday 12th March 2022
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