Weekly Digest: 18 November 2019

6KBW

18 November 2019

This week’s digest considers four judgments; one of the Supreme Court, two of the Court of Appeal, and one of the Divisional Court. In R v TRA the Supreme Court interpreted the term “person acting in an official capacity” in section 134(1) of the CJA. In Vote Leave Ltd v Electoral Commission the Court of Appeal considered an application for judicial review of the Electoral Commission’s decision to publish a report of an investigation undertaken under the Political Parties, Elections and Referendums Act 2000. In R v Idahosa it considered an appeal against conviction by an Appellant who pleaded guilty to possession of an identity document with improper intention, contrary to section 4(1) and (2) of the Identity Documents Act 2010. R v Secretary of State for the Home Department concerned a judicial review application which challenged the government’s policy requiring that when a person’s claim to be a victim of human trafficking has been rejected, they can only have the decision reconsidered if one of a class of bodies intercedes on the person’s behalf.

R v TRA [2019] UKSC 51

The judgment, available here, was handed down by Lord Lloyd-Jones on 13/11/2019.

In this case the Court considered what the correct interpretation of the term “person acting in an official capacity” in section 134(1) of the Criminal Justice Act 1988.

 

Vote Leave Ltd v Electoral Commission [2019] EWCA Civ 1938

The judgment, available here, was handed down by Lord Justice Underhill on 12/11/2019.

This case concerned an application for judicial review of the Electoral Commission’s decision to publish a report of an investigation undertaken under the Political Parties, Elections and Referendums Act 2000 Pt X.

 

R v Idahosa [2019] EWCA Crim 1953

The judgment, available here, was handed down by Mr Justice Jay on 14/11/2019.

This case concerned an appeal against conviction by an Appellant who pleaded guilty to possession of an identity document with improper intention, contrary to section 4(1) and (2) of the Identity Documents Act 2010 (“the 2010 Act”).

 

R (on the application of DS) v Secretary of State for the Home Department [2019] EWHC 3046 (Admin)

The judgment, available here, was handed down by Mr Justice Kerr on 15/11/2019.

This case concerned a judicial review application which challenged the government’s policy requiring that a person whose claim to be a victim of human trafficking has been rejected, can only have the decision reconsidered if one of a class of bodies intercedes with government on the person’s behalf.

 

Tumbling prosecutions blamed on “disproportionate cuts” 

 

Gazette Investigation: CPS conviction rate “benchmark” never made public

 

Response to Sentencing Council Consultation on Terrorism Offences Guideline