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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Chambers, R. v  EWCA Crim 2467 (17 October 2008)
Cite as:  EWCA Crim 2467
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B e f o r e :
MR JUSTICE GRIFFITH WILLIAMS
THE RECORDER OF WINCHESTER
(His Honour Judge Brodrick)
(sitting as a judge of the Court of Appeal, Criminal Division)
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Mr G Cammerman appeared on behalf of the Crown
Crown Copyright ©
"7. On 13 September 2006 at 11.30am, officers of HM Customs & Revenue were at commercial premises at Nickolls Yard, Newing Green, Nr Hythe, Kent. In the yard was a Toyota Carina car. Mr Dennard was in the driver's seat, Mr Chambers in the front passenger seat and Mr Dennard's son was in a rear passenger seat. Messrs Dennard and Chambers were promptly arrested and taken to the Customs Custody Centre at Dover. At about 12.15 a customs officer searched the car and discovered a bunch of 5 keys with an alarm fob in the passenger footwell. The keys were tried in various locks on site and it was found that 2 of the keys opened 2 separate padlocks securing a large metal storage container near to the warehouse on the site. A third key fitted the padlock on one of the entry gates to the yard and a fourth key fitted the padlock on a door to the warehouse. ...
8. Inside the storage container there were 24 boxes of Golden Virginia tobacco: 600kg in all. Samples of the tobacco packaging were examined by the manufacturer who confirmed that the tobacco had been manufactured in July 2006 and delivered to the Belgian market. The revenue evaded was calculated at £66,120 ..."
"1. He had never visited or had any contact with the yard prior to the day of his arrest.
2. He had been asked to attend the yard on the day of the arrest by his co-defendant and another.
3. He was to be paid £50 for his work that day.
4. He became aware that the work would involve handling dutiable items but nevertheless agreed.
5. He did not travel to Belgium on 12th September 2006."
"According to the Court Log, the Crown asserted at the time that it was not bound by the basis of Mr Chambers' plea. A Newton hearing was neither requested nor ordered."
"May is ... authority for the proposition that where the Crown agrees a basis of plea, that basis is binding on both the Crown and the Court considering confiscation. If the basis is not agreed, the judge will be required to hear evidence and reach his own conclusion as to the part played by the defendant. No such evidence was called before me in this case."
"4.11. One theme related to delegated legislation, on which a number of consultees commented, was access to legislation. The joint response of the Children's Legal Centre and National Children's Bureau addressed the problem that despite their familiarity with the broader legal framework, they still found access to be a real problem:
'The lack of access to statutes with appropriate links to the regulations and guidance which are currently in force must be a cause of serious inconvenience to anyone who does not have access to specialist services. We are concerned when information so fundamental to a democracy is difficult to identify, obtain and understand, and is frequently out of date. It is frequently the case that secondary legislation and guidance are overlooked in the process of scrutiny, although their impact on the day-to-day operation of the law is as significant as the primary statute.'
4.12. The joint response stated that experience of practice in childcare suggests that many injustices are the result not of failure to comply with the statute, but of failure to know about, understand or access secondary legislation."
"4.15. It is also important that all related statutory provisions, whether primary or secondary, should be capable of being readily accessed together. We are aware of the work being undertaken on the Statute Law Database and recognise that public access to that resource is a step in the right direction. We recommend that steps should be taken to ensure that the related provisions of primary and secondary legislation should be capable of being accessed in a coherent fashion by a straightforward and freely available electronic search."
"35. Her Majesty's Stationery Office (HMSO) and the Statutory Publications Office (SPO), which produces the Statute Law Database, are to work together to create a single, powerful and free to access online legislation service. The launch of the SLD has been a milestone in government's online legislation publishing.
36. Over the last two years HMSO, via the OPSI website (www.opsi.gov.uk) has embarked on wide ranging improvements to how legislation is published online, taking account of key usability features for layout and navigation. This work is being undertaken as part of 'The Transforming Legislation Publishing Programme'. The aim has been to present legislation in the most accessible and usable way, whilst maintaining the traditional strengths of immediacy and accuracy. One of the benefits is that it affords the opportunity to provide links to related information. Initially these links will be to the Explanatory Note for Acts or the Explanatory Memorandum for Statutory Instruments. Alongside this is also published an ATOM feed for the piece of legislation. This provides visitors with an easy way to keep up to date with subsequent additions to the website, like the addition of Explanatory Notes for an Act, and also the enacting or making of other related legislation such as Commencement Orders or, longer term, amending legislation. In future HMSO will be adding explicit links to Commencement Orders, and where legislation implements an EU Directive, a link also to that Directive.
37. HMSO/OPSI and SPO will continue to work together and with government's online legislation visitors, to improve the service and ensure that UK legislation is available in a high quality and straight forward terms, with a freely available and powerful search."