Category: evidence

Regina v L (Evidence of wife)

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v L (Evidence of wife) – Times Law Reports

Posted May 14th, 2008 in evidence, law reports, married persons, witnesses by sally

Court of Appeal (Criminal Division)

“There was no requirement to tell a wife that she was not a compellable witness against her husband before interviewing her about a crime of which her husband was suspected.”

The Times, 14th May 2008

R v L [2008] EWCA Crim 973; [2008] WLR (D) 142

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v L – WLR Daily

Posted May 9th, 2008 in evidence, law reports, married persons, witnesses by sally

“There was no requirement to tell a wife that she was not a compellable witness against her husband before interviewing her about a crime of which her husband was suspected.”

WLR Daily, 8th May 2008

Regina v Ibrahim and Others

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th May 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Guantánamo Briton sues UK over ‘torture evidence’ – The Guardian

Posted May 6th, 2008 in detention, evidence, news, torture by sally

“The last British resident left in Guantánamo Bay is suing the UK government for refusing to produce evidence that he was a victim of extraordinary rendition and torture.”

R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127

The Guardian, 6th May 2008

Source: www.guardian.co.uk

R v Ibrahim and others – WLR Daily

Posted April 25th, 2008 in evidence, law reports, police interviews, terrorism by sally

“Evidence obtained during ‘safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984.”

WLR Daily, 25th April 2008

MY (Turkey) v Secretary of State for Home Department

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MY (Turkey) v Secretary of State for Home Department – Times Law Reports

Posted April 21st, 2008 in evidence, immigration, law reports, witnesses by sally

Court of Appeal

“Where an immigration judge found a witness to be reliable and accepted his evidence, it was inappropriate and an error of law for another immigration judge at a second hearing to attack the credibility of the same witness.”

The Times, 21st April 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Burglar jailed over ear-print wins appeal – Daily Telegraph

Posted April 17th, 2008 in appeals, evidence, forensic science, news by sally

“A burglar who was convicted on the evidence of an ear-print left on a window had his conviction quashed by the Court of Appeal on Wednesday.”

Daily Telegraph, 17th April 2008

Source: www.telegraph.co.uk

‘Ear print’ burglar in appeal bid – BBC News

Posted April 16th, 2008 in appeals, burglary, evidence, forensic science, news by sally

“The case of a burglar convicted after police matched an imprint of his ear to the scene of a robbery will be heard again at the Court of Appeal.”

R v R (Video Recording: Admissibility) [2008] EWCA Crim 678; [2008] WLR (D) 95

BBC News, 16th April 2008

Source: www.bbc.co.uk

R v R (Video Recording: Admissibility) – WLR Daily

Posted April 8th, 2008 in evidence, law reports, video recordings by sally

“A video recording of an interview given had been was properly admitted as evidence in chief at a criminal trial pursuant to a special measures direction made under s27 of the Youth Justice and Criminal Evidence Act 1999, notwithstanding that no notification had been given by the Secretary of State under s18(2) of the Act that such measures were available.”

WLR Daily, 7th April 2008

R v Ngyuen [2008] EWCA Crim 585; [2008] WLR (D) 94

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Ngyuen – WLR Daily

Posted March 25th, 2008 in bad character, evidence, law reports by sally

“The mere fact that the Crown chose to rely on bad character evidence which it had decided not to make the subject of a criminal charge could not of itself have such an adverse effect on the fairness of the proceedings that the court ought not to admit that evidence.”

WLR Daily, 20th March 2008

Betterment Properties (Weymouth) Ltd v Dorset County Council

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Betterment Properties (Weymouth) Ltd v Dorset County Council – Times Law Reports

Posted February 13th, 2008 in commons, evidence, law reports by sally

Court of Appeal

“On an application to the High Court to remove from the register land which had been registered as a town or village green, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

The Times, 13th February 2008

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22; [2008] WLR (D) 37

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Betterment Properties (Weymouth) Ltd v Dorset County Council – WLR Daily

Posted February 11th, 2008 in commons, evidence, law reports by sally

“On an application to the High Court to remove land from the register of town and village greens, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

WLR Daily, 8th February 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Intelligence services demand veto on use of bugging evidence – The Independent

Posted February 7th, 2008 in evidence, intelligence services, interception, news, veto by sally

“The use of intercept evidence in court for the first time could be stalled by demands from the intelligence services for a right of veto over the use of the transcripts from their secret bugging operations. The CIA is also unhappy that its intercepted phone calls or conversations between suspected terrorists could be produced in British courts.”

The Independent, 7th February 2008

Source: www.independent.co.uk

Amended Police And Criminal Evidence Act 1984 (Pace) Codes Of Practice (A-E) – Home Office Circular

Posted February 6th, 2008 in circulars, codes of practice, evidence, police by sally

“The changes primarily reflect recent legislative changes or make minor typographical corrections but includes clarification on the definition of an offensive weapon; provision of the caution in the Welsh language; expansion of CDS Direct to cover publicly funded ‘own client’ cases where appropriate; changes introduced by the Drugs Act 2005 on assessment and trigger offences; and the provision in Code E to enable a pilot study in Lancashire Constabulary to carry out secure digital recording of interviews with suspects.”

Circular 002 / 2008

Home Office, 28th January 2008

Source: www.homeoffice.gov.uk

Juries should hear wire tap and e-mail evidence, says review – The Times

Posted February 6th, 2008 in evidence, interception, news by sally

“Gordon Brown will announce the findings of an independent review today that will open the door to the use of intercept evidence in court.”

The Times, 6th February 2008

Watchdog sides with MI5 to reject phone-tap evidence – The Guardian

Posted January 29th, 2008 in evidence, interception, news, telecommunications by sally

“The prospect of phone-tap evidence being used in court, an issue at the heart of the dispute over proposed anti-terrorism measures, received a blow yesterday when the prime minister’s eavesdropping watchdog opposed the idea.”

R v Miell [2007] EWCA Crim 3130; [2007] WLR(D) 346

The Guardian, 29th January 2008

Source: www.guardian.co.uk

R v Miell – WLR Daily

Posted January 10th, 2008 in evidence, law reports, perjury, retrials by sally

“In deciding whether to quash an acquittal, the Court of Appeal (Criminal Division) had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.”

WLR Daily, 8th January 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Miell – Times Law Reports

Posted January 4th, 2008 in evidence, law reports, perjury, retrials by sally

Regina v Miell

Court of Appeal (Criminal Division)

“In deciding whether to quash an acquittal, the court had to form its own view as to whether the acquitted person’s subsequent plea of guilty to perjury at his trial was in fact compelling evidence that he had committed the offence charged.”

The Times, 4th January 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Police board calls in independent experts to re-examine Omagh bombing evidence – The Guardian

Posted January 4th, 2008 in evidence, murder, news, police by sally

“The Northern Ireland Policing Board last night agreed to appoint a team of independent experts to re-examine evidence from the Omagh bombing, in an attempt to bring to justice those responsible for the 1998 atrocity.”