The Key Cases of 2022

The Key Cases of 2022

Archer v Commissioner of Police of the Metropolis [2022] QB 401

Is the provision within s.38 of the Police and Criminal Evidence Act 1984, authorising the police to detain a suspect for their own protection until they can be brought before a court, compatible with the 'Right to Liberty' in Article 5 of the ECHR? ADDED Wednesday 28th September 2022
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R v VJW [2022] 2 Cr App R 5

The case concerned the approach to be taken by the trial judge where a jury-in-retirement ask to see again some or all of a complainant’s video-recorded evidence-in-chief. The CACD emphasised once again the potential importance of a witness’s demeanour. ADDED Monday 26th September 2022
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Bendt v Crown Prosecution Service [2022] RTR 17

Where a driver used his mobile phone to change music tracks on the sound system of his moving vehicle via Bluetooth, the court considered whether that was an interactive communication with another device and an offence under the Road Traffic Act 1988. ADDED Friday 2nd September 2022
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R v Field (Benjamin) (No 2) [2022] 2 Cr App R 3

Where a defendant had been convicted of murdering his older male lover for his inheritance, the court considered the circumstances in which an appellant can seek to re-open a concluded appeal and can properly advance grounds of procedural unfairness and bias. ADDED Wednesday 31st August 2022
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Zu Sayn-Wittgenstein-Sayn v HM Juan Carlos de Borbon y Borbon [2022] 1 WLR 3311

A claim for harassment brought by the ex-mistress of the former King of Spain prompted the court to examine the doctrine of state immunity and, in particular, the ambit of personal immunity and functional immunity under the State Immunity Act 1978. ADDED Wednesday 24th August 2022
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R (Leigh) v Metropolitan Police Commissioner [2022] 1 WLR 3141

The cancellation of a planned vigil in memory of Sarah Everard highlighted how the restrictions on outdoor gatherings at the height of the Covid 19 pandemic had to be subject to the ECHR rights to freedom of expression and freedom of peaceful assembly.

ADDED Monday 22nd August 2022
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Attorney General v British Broadcasting Corporation [2022] 4 WLR 74

When an alleged informant to MI5 perpetrated violent and coercive behaviour against two female lovers, the court considered the often competing public interests of national security and freedom of expression regarding issues of general public concern.

ADDED Friday 19th August 2022
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R v Trendell (Gavin) [2022] 4 WLR 38

In the case of a defendant who had kidnapped and tortured a man he thought was an informant, the CACD considered how time spent on remand in custody is to be treated when the Crown Court imposes a discretionary life sentence with a minimum term order.

ADDED Friday 24th June 2022
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R (Austin) v Parole Board [2022] 1 WLR 2489

In the case of a prisoner serving a life sentence for the murder of his wife and two children, the court considered the lawfulness of the Parole Board’s policy on supplying a summary of the reasons for their decision to the victims' family and the media.

ADDED Wednesday 15th June 2022
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R v Keal (Jonathan Robert) [2022] 4 WLR 41

On charges of attempted murder, was the defence of insanity available to a psychotic and deluded defendant, who knew his actions were against the law and morally wrong but believed he was possessed by the devil and was compelled to commit the offences?

ADDED Monday 6th June 2022
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Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] 1 WLR 903

Can a distinction properly be drawn between the actions of a requested person, who has done everything reasonably possible to give notice of appeal against an extradition order within the permitted time limit, and the actions of his lawyer, who has not?

ADDED Wednesday 1st June 2022
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R v Chang (Michael) [2022] 4 WLR 49

The Court of Appeal (Criminal Division) considered whether a police officer, being a servant of the Crown, was exempted from the statutory provisions criminalising the possession of offensive weapons, even when he was not acting in an official capacity.

ADDED Monday 30th May 2022
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R (Pearce) v Parole Board [2022] 1 WLR 2216

The court considered the lawfulness of the Parole Board’s guidance on how to approach unproven allegations. Could it rely upon allegations of a series of serious sexual assaults, where only one of them had been prosecuted and that ended in an acquittal?

ADDED Thursday 26th May 2022
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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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