Month: July 2020

Back in Groups (after)

So we ran. The Rugby club we start from is deemed somehow ‘Covid Secure’, but whether or not, people have got used to the idea of social distancing, and everyone kept a respectful distance.
An addition is that now, run leaders have to carry spare face masks and sanitiser in case someone falls and needs assistance. It seems sensible and a proper minimum fuss. It just means you have to have somewhere to carry them. A runner’s bum bag was adequate.
There were not many turned up, and I was not needed as a run leader. There were about 20 ran. There was another unofficial group running from elsewhere. The next group had five, so I tagged on. It was immense being back with people I have known for years and have not seen for several months. The hills have not changed.
I trust that more will turn out next week.

Back in Groups

It is the first club run tonight for Stainland Lions, and I am volunteered to take out a group of up to six. Coronavirus, at least in this area is less overwhelming, and we all need to get back to doing what we do.
I admit to some tribulation. First of all, nobody has any real idea who will turn up. There might be six or sixty runners. Nobody knows how fit they will be. Some will have not run at all and some will have taken every (increased) opportunity to run more and be faster.
Nobody quite knows how to keep social distancing running in groups of six. Do we run in a line? Three rows, two abreast trying to maintain the distance?
I at least have found the lockdown not at all easy. I am very sure that we have it much better than most, and by a long way but that is how I feel. I can only express my sympathy for what others have had to go through in their many different ways.
We have learned to be distrustful of each other. That is something which will need repair. It will need time.
Having suggested the need to do exactly what we are doing, I cannot really avoid it. I have been running quite a bit, but am getting to an age when practice does not quite make it.
We shall see.

Smith, Regina (on The Application of) v Crown Prosecution Service: Admn 24 Nov 2010

The claimant sought judicial review of the defendant’s refusal to discontinue the prosecution of the claimant. The judge had suggested that the defendant could submit to a restraining order without a finding of guilt. The CPS had concluded that no such agreement could be reached after an acquittal on the offer of no evidence, but rather required an acquittal after a trial.
Held: Review was granted. Though there might be circumstances weere it would be proper to allow the prosecutor to withdraw from such an offer, it was clear that in this case there had been an agreement reached. Each such situation must be assessed on its own facts.
References: [2010] EWHC 3593 (Admin)
Links: Bailii
Judges: Ouseley J
Statutes: Protection from Harassment Act 1997 2
Jurisdiction: England and Wales
This case cites:

  • Cited – Regina v Mahdi CACD ([1993] Crim LR 793)
    There had been delay in the prosecution. Eventually, the prosecutor sought another adjournment before Judge Clarkson, who said ‘it is to be recorded that this is the last time that there will be an adjournment for the benefit of the prosecution.’ He . .
  • Cited – Regina v Bloomfield CACD ([1997] 1 Cr App R 135, Bailii, [1996] EWCA Crim 1801)
    It was an abuse of process to proceed with a prosecution in the face of an unequivocal statement by counsel for the Crown to the Court that the prosecution would tender no evidence. There was no change of circumstances which might have justified . .
  • Cited – Nembhard v Director of Public Prosecutions Admn (Bailii, [2009] EWHC 194 (Admin))
    The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse.
    Held: ‘An officer can . .
  • Cited – Regina v Abu Hamza CACD (Bailii, [2006] EWCA Crim 2918, Times 30-Nov-06, [2007] 2 WLR 226, [2007] 3 All ER 451, [2007] 1 Cr App R 27)
    The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .

(This list may be incomplete)

Last Update: 12 July 2020; scu-Ref: scu.431940

Adams, Regina (on The Application of) v Secretary of State for Justice: CA 27 Nov 2009

The claimant sought compensation for his imprisonment after the overturning of his conviction, on the basis that evidence had emerged which undermined the conviction.
Held: Such a claim could not succeed where the reason for the non-use of the evidence was the incompetence or otherwise of the defence lawyers. Existing law had not decided just what constituted new evidence as regards who any evidence was unknown to. A failure by a defence team to recognise the significance of a particular item of evidence was not an example to fall with Lord Bingham’s categories in Mullen of something going seriously wrong, unless that failure was so bad as to be egregious.
References: [2009] EWCA Civ 1291, Times 07-Dec-2009, [2010] QB 460, [2010] 3 WLR 63, [2010] 1 Cr App R 25
Links: Bailii
Judges: Lord Justice Waller, Lord Justice Dyson and Lord Justice Lloyd
Jurisdiction: England and Wales
This case cites:

(This list may be incomplete)
This case is cited by:

(This list may be incomplete)

Last Update: 12 July 2020; scu-Ref: scu.381578