Category Archives: Court of appeal

Freshwater part 6: the decision

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The court of appeal in London hears the appeal of the Freshwater Five. In the final part of our miniseries, we find out how the judges reach their decision and what it means

The case of the Freshwater Five, convicted a decade ago of attempting to smuggle £53m (A$96m) worth of cocaine into the UK, makes it to the England and Wales court of appeal, where new evidence is heard that the men hope will clear their names. Anushka Asthana follows the week-long hearing, sitting alongside the men’s families as the barristers argue the case.

The court of appeal can consider new evidence not heard by the original jury, and so the bar to overturning the convictions is set high. Nevertheless, the appeal has several grounds: one aspect focuses on new radar data that the men hope would show they were not close enough to the cargo ship that was alleged to be the other vessel involved in the transfer of drugs. There is also evidence purporting to show a new suspect vessel in Freshwater Bay as well as a surveillance plane that should have been able to spot the drugs floating in the water if indeed they were there at the time the prosecution suggested.

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CPS accused of ‘systemic illegality’ in charging rape cases

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Changes in policy since 2016 have led to an overly risk-averse approach, court of appeal hears

The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.

On the opening day of the hearing at the court of appeal, lawyers for the Centre for Women’s Justice (CWJ) and End Violence Against Women (EVAW) accused the CPS of “raising the bar” for rape prosecutions, which they argued had led to a steep drop in the number of cases being charged.

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Grime artist who raped four women has jail sentence increased

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Appeal court adds six years to prison term of Andy Anokye, 33, who performed under the name Solo 45

A man who held four women against their will and repeatedly raped them has had his sentence increased by the court of appeal.

Victims of Andy Anokye, 33, who performed as a grime artist under the stage name Solo 45, told how he beat and threatened them with weapons, held a cloth with bleach over their faces and waterboarded them, recording much of the abuse on his mobile phone.

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‘Stockwell Six’: two men could have convictions overturned

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Cases of two men accused of trying to rob a police officer in 1972 are being referred to court of appeal

Two men who were jailed nearly 50 years ago on the word of a corrupt detective could finally have their names cleared.

The cases of two members of the so-called “Stockwell Six”, who were accused of attempting to rob that officer on the underground, are now being referred to the court of appeal by the Criminal Cases Review Commission (CCRC).

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PC Andrew Harper’s killer should have had life sentence, court told

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Appeal judges hear sentencing for Henry Long, 19, and two accomplices unduly lenient

The leader of the group of teenagers who killed PC Andrew Harper should have been given a life sentence rather than the 16 years he received, while his accomplices should also have their jail terms increased from 13 years each, a court has heard.

The attorney general argued that the sentences handed to Henry Long, 19, and the 18-year-olds Jessie Cole and Albert Bowers were all unduly lenient, during a court of appeal hearing on Monday.

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‘Unrealistic’ appeals system fails prisoners who have been victims of abuse – report

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One month window to challenge convictions in England and Wales means women who have experienced trauma are unfairly criminalised, campaigners say

Women who have been unfairly convicted or sentenced to jail are being denied the chance to redress miscarriages of justice because the appeals system in England and Wales is not fit for purpose, the law group Appeal has alleged.

In particular, those who have been victims of trauma or domestic abuse are unable to make a legal challenge due to the “unrealistic” 28-day window allowed to make an application to the criminal Court of Appeal, the report highlights.

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Dubai ruler loses appeal over release of two UK court judgments

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Appeal court rejects challenge by Sheikh Mohammed, who may now go to supreme court

The ruler of Dubai, Sheikh Mohammed bin Rashid al-Maktoum, has failed in his latest attempt to prevent publication of two family court judgments involving his children with his ex-wife Princess Haya of Jordan.

The court of appeal in London also refused his lawyers permission to take the case to the supreme court but said they had until 4pm on Tuesday to lodge an application directly with the UK’s highest court if they wished to object. The two family court judgments cannot be published until any such potential further appeals have been determined.

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Heathrow third runway ruled illegal over climate change

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Appeal court says decision to give go-ahead not consistent with Paris agreement

Plans for a third runway at Heathrow airport have been ruled illegal by the court of appeal because ministers did not adequately take into account the government’s commitments to tackle the climate crisis.

The ruling is a major blow to the project at a time when public concern about the climate emergency is rising fast and the government has set a target in law of net zero emissions by 2050. The prime minister, Boris Johnson, could use the ruling to abandon the project, or the government could draw up a new policy document to approve the runway.

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UK arms sales to Saudi Arabia unlawful, court of appeal declares

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Ruling prompts government to suspend new arms sales to Saudi Arabia while it urgently reviews its processes

British arms sales to Saudi Arabia have been declared unlawful by the court of appeal because ministers failed to properly assess their contribution to civilian casualties in indiscriminate bombing in Yemen.

The unexpected ruling has prompted the British government to suspend new arms sales to Saudi Arabia while it urgently reviews its processes – although Liam Fox, the international trade secretary, has said the government would also seek to appeal.

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