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[2017] EWHC 410 (Admin)

[2017] EWHC 410 (Admin)
QBD (Admin) (Morris J)
20 February 2017

The claim of a prisoner detained in a hospital that the Lord Chancellor’s powers under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were to be interpreted so as to give effect to a right to free legal representation by a lawyer of his choice in tribunal proceedings under ECHR art.5(4), art.6 or art.8 was unarguable.

[2017] EWCA Crim 1000

[2017] EWCA Crim 1000
CA (Crim Div) (McCombe LJ, Haddon-Cave J, Judge Batty QC)
17 January 2017

The court upheld a conviction for damaging property contrary to the Criminal Damage Act 1971 s.1(1) where the judge had given an appropriate direction as to lawful excuse and had correctly observed that no case on s.5(2) properly arose on the evidence.

[2016] EWCA Crim 1617

[2016] EWCA Crim 1617
CA (Civ Div) (Davis LJ, Birss J, Judge Rook QC)
1 November 2016

Offences under the Trade Marks Act 1994 s.92 extended not just to counterfeit goods but also to “grey goods”, namely goods where the trade mark had been affixed with the proprietor’s consent, but where the proprietor had not consented to their sale, distribution or possession by others.

[2016] NICA 40

[2016] NICA 40
CA (NI) (Gillen LJ, Weatherup LJ, O'Hara J)
25 October 2016

The Northern Ireland Court of Appeal did not have jurisdiction to re-open six appeals against conviction arising out of the Supreme Court’s judgment in R. v Jogee (Ameen Hassan) [2016] UKSC 8 which clarified the law on accessory liability. Putting the law right did not render all convictions invalid which had been arrived at over many years by faithfully applying the law as had been laid down in previous authorities. The appropriate recourse was for the defendants to refer their cases to the Criminal Cases Review Commission.

[2016] EWHC 2471 (Admin)

[2016] EWHC 2471 (Admin)
QBD (Admin) (Gross LJ, Andrews J)
12 October 2016

The court reiterated that there was a “very high hurdle” to overcome when seeking to challenge a decision of investigators of the Serious Fraud Office. While none of the authorities precluded a challenge, they lent no encouragement to the bringing of any such challenge.

[2016] EWHC 2057 (Admin)

[2016] EWHC 2057 (Admin)
QBD (Admin) (Whipple J)
5 August 2016

On a proper construction of the Crime (Sentences) Act 1997 s.28(5), the Secretary of State for Justice was not under any duty to release a life prisoner as soon as the Parole Board had directed their release. In a case where residence at approved premises was specified as a licence condition, she was only obliged to release once a place at the approved premises was available for the prisoner.

[2016] EWHC 2597 (Admin)

[2016] EWHC 2597 (Admin)
QBD (Admin) (Green J)
21 July 2016

Transport for London’s policy of revoking a private hire driver’s licence following a caution for touting served the legitimate aim of increasing public safety by deterring touting and was in accordance with the ECHR. The Rehabilitation of Offenders Act 1974 Sch.2 para.1, requiring a caution to be regarded as spent at the time that it was given, was irrelevant to the lawfulness of that policy since the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 art.2 excepted private hire licences from the scope of the rehabilitation provisions.

[2016] EWCA Crim 745

[2016] EWCA Crim 745
CA (Crim Div) (Treacy LJ, Elisabeth Laing J, Judge Inman QC)
23 June 2016

In considering the mens rea of the offence of making an indecent image of a child contrary to the Protection of Children Act 1978 s.1(1)(a), a distinction had to be drawn between cases where images were made by downloading to a phone or computer and those where the image was made by the more direct action of photographing or filming. In cases of photographing or filming, the s.1(1)(a) offence was made out by the deliberate act of photographing or filming without the need for knowledge that the image was or was likely to be of an underage child.

[2016] EWCA Crim 443

[2016] EWCA Crim 443
CA (Crim Div) (Treacy LJ, Cooke J, Judge Munro QC)
14 April 2016

In the circumstances, an imitation sub-machine gun was a prohibited firearm for the purposes of the Firearms Act 1968 s.5(1)(aba) because it was readily convertible into a firearm without the use of special knowledge or tools.

[2016] EWCA Crim 569

[2016] EWCA Crim 569
CA (Crim Div) (Hallett LJ, Jeremy Baker J, Judge Bourne-Arton QC)
13 April 2016

The court considered the degree of particularity required in a count alleging an offence of trespass with intent to commit a sexual offence contrary to the Sexual Offences Act 2003 s.63(1)

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