ADMINISTRATION OF JUSTICE

[2020] EWHC 1894 (Admin)
[2020] EWHC 1894 (Admin)
QBD (Admin) (Fulford LJ, Whipple J)
15 July 2020

A challenge to the lack of independence of the Criminal Cases Review Commission was rejected. Changes made following a review by the Ministry of Justice amounted to legitimate policy choices about how the CCRC should be constituted and did not represent an unlawful diminution of its independence or integrity.

[2020] EWHC 1800 (Admin)
[2020] EWHC 1800 (Admin)
DC (Males LJ, Julian Knowles J)
13 July 2020

The court examined the scope of its discretion in the Criminal Procedure Rules 2015 r.50.17(6)(a) to extend time for appealing in extradition cases. The rule was in similar terms to the power in CPR r.3.1(2)(a) to grant relief from sanctions in civil cases. As long as the various interests applicable specifically to extradition cases were borne in mind, the guidance given in Denton v TH White Ltd [2014] EWCA Civ 906 applied in an extradition context.

[2020] EWHC 1459 (Admin)
[2020] EWHC 1459 (Admin)
QBD (Admin) (Fordham J)
5 June 2020

The court granted permission to appeal against an individual’s extradition to Poland on the issue of whether legislative changes introduced by the Polish government in 2019-2020 meant that the courts in Poland could no longer be recognised as “judicial authorities” for the purposes of the Extradition Act 2003 s.2.

QBD (Admin) (Spencer J)
4 May 2020

The court declined to grant bail to a Polish national where there were substantial grounds for believing that he would fail to submit to custody and would commit further offences if bail was granted.

[2020] EWCA Crim 487
[2020] EWCA Crim 487
CA (Crim Div) (Fulford LJ, Carr J, Goss J)
2 April 2020

A conviction for conspiracy to pervert the course of justice, involving two co-conspirators only, was quashed as the trial judge had erred in admitting under the Police and Criminal Evidence Act 1984 s.74(1) evidence of the guilty plea of one co-conspirator in the trial of the other. In a “closed” conspiracy involving only two alleged conspirators, such evidence effectively decided the central issue of whether the defendants had entered into the conspiracy and should have been excluded under s.78 of the Act.

[2020] EWCA Crim 482
[2020] EWCA Crim 482
CA (Crim Div) (Simon LJ, Fraser J, Hilliard J)
1 April 2020

A conviction for conspiracy to supply Class A drugs was quashed as, while it might have been open to the jury to conclude that the appellant was party to an agreement which involved the onward supply of drugs by him, there was insufficient evidence to establish that he was party to the larger conspiracy alleged. The trial judge had erred in refusing a submission of no case to answer. The court emphasised the importance of legal advisers complying with the time limits for submitting applications for permission to appeal.

[2020] EWCA Civ 470
[2020] EWCA Civ 470
CA (Civ Div) (McCombe LJ, Peter Jackson LJ)
27 March 2020

A ticket tout’s appeal against a sentence of 21 weeks’ imprisonment for contempt of court was dismissed where sufficient credit had been applied for his guilty plea made at the door of the court, and the six-month starting point taken had been entirely appropriate given that the breach had been committed during the currency of a suspended sentence imposed for a similar breach of a High Court order.

[2020] EWCA Civ 448
[2020] EWCA Civ 448
CA (Civ Div) (McCombe LJ, King LJ, Holroyde LJ)
25 March 2020

A judge had not erred when relying on the guidance in C (A Minor) (Care Proceedings: Disclosure), Re [1997] Fam. 76 in ordering disclosure to the police of documents filed in care proceedings related to severe brain injuries suffered by a nine-week-old child.

[2020] NICA 19
[2020] NICA 19
CA (NI) (Stephens LJ, Treacy LJ, Keegan J)
23 March 2020

The Court of Appeal of Northern Ireland considered the current practice regarding the grant of legal aid in relation to applications before the Court of Appeal for leave to appeal to the Supreme Court.

[2020] UKSC 6
[2020] UKSC 6
SC (Lady Hale PSC, Lord Wilson JSC, Lord Carnwath JSC, Lord Lloyd-Jones JSC, Lord Sales JSC)
19 February 2020

The Supreme Court did not have jurisdiction to entertain appeals against a decision of the Divisional Court of Northern Ireland concerning the lawfulness of a life prisoner’s release on licence. The proceedings did not constitute a “criminal cause or matter” for the purposes of the Judicature (Northern Ireland) Act 1978 s.41(1); the proper avenue of appeal was to the Court of Appeal in Northern Ireland.

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