JOURNALS HOUSE OF LORDS - United Kingdom Parliament

334 17th March
2005
Rosslyn, E.
Rotherwick, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. Albans, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of SwaVham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
TordoV, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
TunnicliVe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.
Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warnock, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Worcester, Bp.
Young of Hornsey, B.
Young of Norwood Green, L.
Young of Old Scone, B.
PRAYERS were read by the Lord Bishop of Chelmsford.
Judicial Business
1. Regina v. Ashworth Hospital Authority (Appellants) and another ex parte B (FC) (Respondent)—
It was moved by the Lord Bingham of Cornhill, That the 28th Report from the Appellate
Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order
and declaration of the Court of Appeal of 15th April 2003 be set aside and the Order of Sir
Richard Tucker in the High Court of Justice, Queen’s Bench Division, Administrative Court
of 1st July 2002 restored; that the respondent do pay to the appellants their costs in the Court
of Appeal and in this House; and that the amounts thereof, if any, to be paid by the respondent
and to be paid out of the Community Legal Service Fund be determined by a Costs Judge for
those costs incurred in the Court of Appeal and certified by the Clerk of the Parliaments for
those costs incurred before this House in accordance with section 11 of the Access to Justice
Act 1999. [2005] UKHL 20
2. Regina v. Durham Constabulary and another (Appellant) ex parte R (FC) (Respondent) (Criminal
Appeal from Her Majesty’s High Court of Justice)—
3. Regina v. Durham Constabulary (Appellants) and another ex parte R (FC) (Respondent)—
(Conjoined Appeals)—
It was moved by the Lord Bingham of Cornhill, That the 29th Report from the Appellate
Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order
of the Divisional Court of the Queen’s Bench Division of 29th November 2002 be quashed;
and that the question of costs be adjourned in order that the parties may make written
submissions within 14 days. [2005] UKHL 21
4. R v. Hasan (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formally
Regina v. Z (Respondent) (2003))—It was moved by the Lord Bingham of Cornhill, That the
30th Report from the Appellate Committee be agreed to; the motion was agreed to. It was
ordered and adjudged that the Order of the Court of Appeal Criminal Division of 7th
February 2003 be set aside and the Order of His Honour Judge Paget QC in the Central
Criminal Court of 9th February 2001 restored; that the question set out in paragraph (a) of
the certified question be answered in the negative; that the rest of the certified question be
answered by saying that ’the defence of duress is excluded when as a result of the accused’s
voluntary association with others engaged in criminal activity he foresaw or ought reasonably
to have foreseen the risk of being subjected to any compulsion by threats of violence’; and that
the case be remitted to the Court of Appeal so that the defendant may surrender to his bail.
[2005] UKHL 22