R v Kansal (No 2)

Subject Matter

CRIME — Court of Appeal (Criminal Division) — Reference by Criminal Cases Review Commission — Reliance on Convention rights — Defendant convicted after trial where prosecutor lawfully adducing evidence of answers given by defendant under compulsion in earlier bankruptcy proceedings — Retrospective provision allowing person in proceedings brought by public authority to rely on Convention rights if victim of unlawful act — Court of Appeal allowing defendant to rely on right to fair trial on reference back and quashing convictions — Whether retrospectivity provision extending to appeals — Human Rights Act 1998, ss 6(1)(2)(a), 7(1)(b)(6), 22(4)

[2001] EWCA Crim 1260; [2002] 2 AC 69; [2001] 3 WLR 751; [2001] 2 Cr App R 601; The Times, 11 June 2001; The Independent, 6 June 2001, CA

[2001] UKHL 62; [2002] 2 AC 69; [2001] 3 WLR 1562; [2002] 1 All ER 257; [2002] 1 Cr App R 478; [2002] BPIR 370; [2002] Crim LR 498; The Times, 4 December 2001; The Independent, 4 December 2001; [2002] UKHRR 169, HL(E)

JUDICIAL PRECEDENT — House of Lords decision — How far binding — Recent indistinguishable majority decision of House of Lords — No change of circumstances — No justification to depart from decision

[2001] EWCA Crim 1260; [2002] 2 AC 69; [2001] 3 WLR 751; [2001] 2 Cr App R 601; The Times, 11 June 2001; The Independent, 6 June 2001, CA

[2001] UKHL 62; [2002] 2 AC 69; [2001] 3 WLR 1562; [2002] 1 All ER 257; [2002] 1 Cr App R 478; [2002] BPIR 370; [2002] Crim LR 498; The Times, 4 December 2001; The Independent, 4 December 2001; [2002] UKHRR 169, HL(E)

Appellate History

Commentary

Blackstones Criminal Practice 2025
Strict Liability - Imposition of Strict Liability - Statutory Defences A2.27

Having Article with Blade or Point in a Public Place - Defences - Good Reason or Lawful Authority (s. 139(4)) B12.187

Controlled Drugs - Regulations that Permit Actions with Respect to ‘Controlled Drugs’ - Burden of Proof Relating to Exceptions under Regulations B19.21

Offences under the Misuse of Drugs Act 1971 - Meaning of ‘Possession’ B19.29

Offences under the Misuse of Drugs Act 1971 - Meaning of ‘Possession’ - Custody or Control B19.30

Offences under the Misuse of Drugs Act 1971 - Meaning of ‘Possession’ - Knowledge of Possession B19.31

Offences under the Misuse of Drugs Act 1971 - Drugs in Containers B19.36

Offences under the Misuse of Drugs Act 1971 - Mens Rea B19.38

Offences under the Misuse of Drugs Act 1971 - Defence under s. 5(4) B19.39

Defence under the Misuse of Drugs Act 1971, s. 28 - Relationship between s. 28(2) and (3) B19.107

Defence under the Misuse of Drugs Act 1971, s. 28 - Incidence and Standard of Proof B19.110

Controlled Drugs - Regulations that Permit Actions with Respect to ‘Controlled Drugs’ - Nitrous Oxide B19.23

Offences under the Dangerous Dogs Act 1991 - Control and Possession of Dogs Bred for Fighting B20.1

Driving, or Being in Charge, with Alcohol Concentration above Prescribed Limit - Defences - The Statutory ‘Hip-flask’ Defence C5.49

Evidence - The Burden of Proof and the Presumption of Innocence A7.69

Burden of Proof - Incidence of Legal Burden: General Rule - Express Statutory Exceptions F3.9

Burden of Proof - Incidence of Legal Burden: General Rule - Implied Statutory Exceptions F3.11

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 F3.18

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 - Lambert: Misuse of Drugs Act 1971, s. 28 F3.19

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 - L v DPP: Criminal Justice Act 1988, s. 139(4) F3.21

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 - Drummond: Road Traffic Offenders Act 1988, s. 15 F3.22

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 - Sheldrake v DPP: General F3.31

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 - Regulatory Offences F3.37