Latest Consti Cases

Some interesting recent cases:

Revitt v DPP [2006] (HC Admin)

D argued that Article 6 ECHR (the right to be presumed innocent until "proved guilty according to law") was endangered by the UK's 'Guilty' plea system - which dispenses with a trial - and so he had to be permitted to change his plea when he wished. The argument is interesting (but unappealing) - apparently civil law jurisdictions tend to see a Guilty plea as evidence rather than proof. Lord Phillips explains why there's no problem, but I suspect that the reality is that no-one saw this argument coming.

R (Gardner) v Parole Board [2006] (CA)

G objected to being excluded from his Parole Board hearing (his counsel was permitted to remain) while his ex-wife - whom he was alleged to have assaulted - gave the evidence that she had refused to give in his presence. The CA held that the Board had had no real choice, and had acted fairly, since they needed to hear from the ex-wife in order to resolve the disputes of fact and assess G's risk.

R (Smith) v NE Derbyshire PCT [2006] (CA)

The PCT were contracting out some GP services, and decided without consultation to appoint an American healthcare company as Preferred Provider. S, of whose standing there is no noted discussion, challenged this, noting a breach of s.11 Health & Social Care Act 2001's duty to consult at stages of the provision-decision process. The PCT in effect argued Futility and Alternative Remedy, but didn't (really) dispute the breach. The CA dismissed the Alternative Remedy ('Mobilise the Patients' Forum') and assisted that Futility only worked if the same result was inevitable - probability was not enough. S won.