R v Powell

Parliamentary Archives,
HL/PO/JU/18/257

Regina v. Powell and another (Appellants)

(On appeal from the Court of Appeal

(Criminal Division))

JUDGMENT

Die Jovis 17° Julii 1997

Upon Report from the Appellate Committee of the late Parliament to whom was
referred the Cause Regina against Powell and another, That the Committee had heard
Counsel as well on Monday the 17th as on Tuesday the 18th and Wednesday the 19th days
of February last upon the Petition and Appeal of Anthony Glasford Powell currently
detained at Her Majesty's Prison, Wormwood Scrubs and Antonio Daniels, currently
detained at Her Majesty's Prison, Whitemoor, praying that the matter of the Order set forth
in the Schedule thereto, namely an Order of Her Majesty's Court of Appeal (Criminal
Division) of the 25th day of May 1995, might be reviewed before Her Majesty the Queen
in Her Court of Parliament and that the said Order might be reversed, varied or altered or
that the Petitioners might have such other relief in the premises as to Her Majesty the
Queen in Her Court of Parliament might seem meet; as upon the case of the Director of
Public Prosecutions (on behalf of Her Majesty) lodged in answer to the said Appeal; and
due consideration had this day of what was offered on either side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of
Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's
Court of Appeal (Criminal Division) of the 25th day of May 1995 complained of in the said
Appeal be, and the same is hereby, Affirmed and that the said Petition and Appeal be, and
the same is hereby, dismissed this House.

Cler: Parliamentor:

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

REGINA

v.

POWELL AND ANOTHER

(APPELLANTS)

(ON APPEAL FROM THE COURT OF APPEAL
(CRIMINAL DIVISION))

REGINA

v.

ENGLISH
(APPELLANT)

(ON APPEAL FROM THE COURT OF APPEAL
(CRIMINAL DIVISION))

Oral Judgment: 17 July 1997

Reasons: 30 October 1997

Lord Goffof Chieveley
Lord Jauncey of Tullichettle
Lord Mustill
Lord Steyn
Lord Hutton

LORD GOFF OF CHIEVELEY

My Lords,

I have had the advantage of reading in draft the speech prepared by my
noble and learned friend, Lord Hutton. And for the reasons he has given I
too would also make the orders he proposes.

LORD JAUNCEY OF TULLICHETTLE

My Lords,

I have had the advantage of reading in draft the speech to be delivered
by my noble and learned friend, Lord Hutton and for the reasons which he
gives I would also make the orders he proposes.

- 1 -

LORD MUSTILL

My Lords,

I concurred without hesitation in the orders made by the House on 17
July 1997. Even as regards the case of English, which is much the more
difficult of the appeals. I felt and continue to feel that neither or the
authorities nor in plain justice could it be right to sustain the conviction once