This week’s digest considers three judgments; two of the Court of Appeal (Criminal Division) and one of the High Court in Northern Ireland. In Twigg the court consider the admissibility of blood samples unlawfully obtained by the police in breach of section 7(3) of the Road Traffic Act 1988. In Farrugia the court considers whether a victim suffered significant psychological harm in the context of an aggravated burglary. Finally, in XX’s Application for Habeas Corpus the High Court in Northern Ireland considers the interpretation of Article 42(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (materially identical to section 41(6) of the Police and Criminal Evidence Act 1984) and whether the custody time limit pauses when detainees are transferred to hospital for psychiatric assessment, or in fact do not receive medical treatment at hospital.

R v Twigg [2019] EWCA Crim 1553

The judgment, available here, was handed down by Singh LJ on 13/09/19.

An appeal against conviction was dismissed on the basis that the trial judge had not been wrong to admit blood samples unlawfully obtained by the police in breach of section 7(3) of the Road Traffic Act 1988. The decision of the Divisional Court in Murray v DPP [1993] R.T.R. 209 that non-compliance with section 7(7) of the Road Traffic Act 1988 rendered a breath specimen inadmissible is not authority for the proposition that any breach of any of the procedures associated with the obtaining of specimens under section 7 of the Road Traffic Act 1988 means that a specimen is automatically rendered inadmissible in evidence in criminal proceedings.

 

R v Farrugia [2019] EWCA Crim 1540

The judgment, available here, was handed down by Freedman J on 02/07/19.

The Court of Appeal dismissed an appeal against sentence finding that the victim had suffered significant psychological harm as a result of an aggravated burglary.

 

XX’s Application for Habeas Corpus [2019] NIQB 31

The judgment, available here, was handed down by McCloskey J on 21/03/19.

Article 42(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (which is materially identical to section 41(6) of the Police and Criminal Evidence Act 1984, and provides that the custody time limit pauses during the period when a detainee is transferred to hospital for medical treatment) applies to transfers to hospital for psychiatric assessments, and to transfers where no medical treatment in fact results, provided that the detained person was assessed at the police station as potentially requiring medical treatment.

 

Independent Reviewer for Terrorism Legislation rejects calls to change treason laws

 

Crown Prosecution Service publishes annual Violence against Girls and Women report

 

Homophobic hate crime charges fall as reports soar

 

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