DELAY

[2020] NICA 1

[2020] NICA 1
CA (NI) (Morgan LCJ, Stephens LJ, McCloskey LJ)
8 January 2020

The Court of Appeal in Northern Ireland gave guidance on the correct approach to sentencing for fraud and theft where an offender was in a position of trust.

[2019] EWHC 3317 (Admin)

[2019] EWHC 3317 (Admin)
DC (Lord Burnett LCJ, May J)
5 December 2019

The court emphasised that general complaints about the operation of a type-approved breath testing device should be addressed to the secretary of state, not used to ground a disclosure application. Defence representatives were responsible for ensuring that experts understood the requirements of the Criminal Procedure Rules and Directions, and that the expert reports which they served on behalf of their clients were reliable and admissible. If such reports were to be relied upon for the purpose of seeking further disclosure in relation to a type-approved machine, they should address all the matters identified in R. (on the application of DPP) v Manchester and Salford Magistrates’ Court [2017] EWHC 3719 (Admin).

QBD (Admin) (Farbey J)
28 November 2019

A requested person’s extradition to Poland for fraud was disproportionate, oppressive due to the passage of time, and breached ECHR art.8. The district judge’s reasoning regarding the fact that the individual was not a fugitive had been unclear, he had erred in finding that the individual had previous convictions for fraud, and he had failed to give adequate weight to the fact that 19 years had passed since the offending.

[2019] EWHC 2953 (Admin)

[2019] EWHC 2953 (Admin)
DC (Males LJ, Jefford J)
6 November 2019

The time limit for bringing criminal proceedings under the Welfare of Animals at the Time of Killing (England) Regulations 2015 in reg.41(1)(b), namely that it had to be within six-months of the date that the evidence which the prosecutor thought justified bringing proceedings came to the prosecutor’s knowledge, could be conclusively evidenced by the issue of a certificate under reg.41(2) stating that date. In the absence of fraud, a certificate in proper form which contained no error on its face was not open to challenge by reference to extraneous evidence showing that it was wrong, or even plainly wrong.

[2019] EWCA Crim 1728

[2019] EWCA Crim 1728
CA (Crim Div) (Davis LJ, Edis J, Andrew Baker J)
17 October 2019

A Crown Court judge had erred in discharging an all assets restraint order on the grounds that the substantive criminal proceedings had not been started within a reasonable time for the purposes of the Proceeds of Crime Act 2002 s.42(7). Although s.42(7) stipulated that a restraint order had to be discharged in such circumstances, the judge’s evaluation of the prevailing circumstances was flawed and her reasoning could not be upheld.

QBD (Admin) (Holman J)
10 October 2019

It was disproportionate to extradite an individual to Hungary for allegedly stealing £400 worth of goods from a neighbour where seven-and-a-half years had passed since the alleged offence had taken place, and the appellant had been questioned in Hungary about the burglary three years earlier but the authorities had allowed him to return to the UK.

CA (Crim Div) (Singh LJ, Fraser J, Thornton J)
10 September 2019

A sentence of two years and four months’ imprisonment imposed for child cruelty following the death of a four-week-old baby was manifestly excessive where the incident constituted one evening of neglect and the baby had otherwise been well cared for. It was appropriate to take account of the considerable delay in prosecuting and the factors that mitigated in favour of suspending the sentence were the offender’s genuine remorse, her lack of relevant previous convictions, her good work record, the profound effect that the baby’s death had had on her and the fact that it would severely affect her for the rest of her life. The appropriate sentence was one of 16-months suspended for 12 months.

[2019] EWHC 2062 (Admin)

[2019] EWHC 2062 (Admin)
DC (Rafferty LJ, Garnham J)
29 July 2019

An individual charged with offences in France, who had been permitted to return to the Netherlands before her conviction and sentence were issued, was not a fugitive under the Extradition Act 2003 s.14. She had not knowingly placed herself beyond the reach of French justice; she had already been beyond its reach. She was therefore permitted to rely on delay by France in seeking her extradition.

[2019] EWCA Crim 1389

[2019] EWCA Crim 1389
CA (Crim Div) (Thirlwall LJ, Fraser J, Sir David Foskett)
31 July 2019

False identity document offences committed by a victim of human trafficking were quashed as they had been committed in the context of a life of repeated trafficking and sexual exploitation. The offences were integral to, and consequent upon, the trafficking and exploitation so as to extinguish culpability.

[2019] EWHC 2342 (QB)

[2019] EWHC 2342 (QB)
QBD (Judge Saggerson)
2 August 2019

A failure by police officers to recognise that a detainee who had been arrested on suspicion of driving whilst under the influence of drugs had suffered a stroke, and delay in the attendance of a forensic medical examiner, did not constitute a violation of the detainee’s rights under ECHR art.3 and art.8. The officers had neither actual nor constructive knowledge that the detainee had had a stroke or was otherwise in need of immediate medical attention, and the system devised and implemented for attendance of an FME was adequate.

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