Chaytor & Ors, R v (Rev 2)

Case [2010] UKSC 52


    Summary


    Michaelmas Term
    [2010] UKSC 52
    On appeal from: [2010] EWCA Civ 1910

    JUDGMENT

    R v Chaytor and others (Appellants)
    before
    Lord Phillips, President
    Lord Hope, Deputy President
    Lord Rodger
    Lady Hale
    Lord Brown
    Lord Mance
    Lord Collins
    Lord Kerr
    Lord Clarke
    REASONS GIVEN ON

    1 December 2010

    FOR THE ORDER MADE ON
    10 November 2010
    Heard on 18 and 19 October 2010

     
    First Appellant
    Nigel Pleming QC
    Julian Knowles
    (Instructed by Steel & Shamash Solicitors)
      Second Appellant
    Edward Fitzgerald QC
    Joseph Middleton
    (Instructed by Steel & Shamash Solicitors)
         
    Third Appellant
    Nigel Pleming QC
    Rebecca Trowler
    (Instructed by Steel & Shamash Solicitors)
      Respondent
    Lord Pannick QC
    Louis Mably
    James Segan
    (Instructed by Crown Prosecution Service Special Crime Division)
         
    Intervener
    (written submissions)

    Alun Jones QC
    Rupert Bowers
    (Instructed by Keystone Law Limited)
       
    LORD PHILLIPS
    Introduction
  1. Each of the appellants has been committed for trial at the Crown Court on charges of false accounting. I shall refer to them as "the defendants". The charges relate to claims in respect of parliamentary expenses and are alleged to have been committed when each defendant was a serving member of the House of Commons. A fourth defendant, Lord Hanningfield, who is a member of the House of Lords, faces similar charges. Each defendant and Lord Hanningfield is facing a separate trial but each of them has raised an important point of law. Each claims that criminal proceedings cannot be brought against him because they infringe parliamentary privilege. A single preparatory hearing pursuant to section 29 of the Criminal Procedure and Investigations Act 1996 was held to consider this point in relation to all four defendants. On 11 June 2010 Saunders J, sitting in Southwark Crown Court, ruled against the four defendants. All four appealed to the Court of Appeal. On 30 July 2010 that court, Lord Judge CJ, Lord Neuberger MR and Sir Anthony May, President of the Queen's Bench Division, dismissed their appeal. On 14 September 2010 the court certified that the appeal had raised a point of law of general public importance, refused permission to appeal to this court and granted a representation order for one leading counsel, one junior counsel and one solicitor to represent the four defendants jointly in the event of an application to this court for permission to appeal and any consequent appeal.
  2. The defendants, but not Lord Hanningfield, sought permission to appeal. Lord Hanningfield sought permission to intervene. Permission was granted to him to intervene in writing for the limited purpose of drawing attention to any distinction between expenses schemes and privileges in the two Houses of Parliament. At the opening of the hearing the court granted permission to appeal.
  3. On 10 November the court ordered that each of the three appeals be dismissed, for reasons to be delivered in due course. These are my reasons.
  4. The charges
  5. Each of the defendants has been charged with false accounting contrary to section 17(1)(b) of the Theft Act 1968, which provides in so far as material:
  6. "False accounting
    (1) Where…

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[2010] UKSC 52
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