Laughing Gas in UK Law

Leading Cases
  • Balogh v St. Albans Crown Court
    • Court of Appeal (Civil Division)
    • 04 Julio 1974

    During the trial he took a half-cylinder of it from the hospital car park. He was waiting for a moment when he could slip up to the roof without anyone seeing him. The officers of the Court had watched him go up to the roof. They kept him in custody and reported the matter to Mr. Justice Melford Stevenson, who was presiding in No. 1 Court (not the pornography Court). At the end of the day's hearing, at 4.15 p.m., the Judge had Balogh brought before him.

    As I have said, a Judge should act of his own motion only when it is urgent and imperative to act immediately. In all other cases he should not take it upon himself to move. He should leave it to the Attorney-General or to the party aggrieved to make a motion in accordance with the rules in Order 52. The reason is so that he should not appear to be both prosecutor and judge: for that is a role which does not become him well.

    When this case was opened, it occurred to each one of us: Was Mr. Balogh guilty of the offence of contempt of Court? He was undoubtedly guilty of stealing the cylinder of gas, but was he guilty of contempt of Court? Were not his acts merely preparatory acts falling short of an attempt? But he is not guilty of attempting to break into the house. He had the criminal intent to break in, but that is not enough. So here Mr. Balogh had the criminal intent to disrupt the Court, but that is not enough.

  • R v M
    • Court of Appeal (Criminal Division)
    • 14 Agosto 2008

    Both Rooney and Balogh were cases of alleged criminal contempt, that is to say either contempt in the face of the court or conduct tending to interfere with a trial which is underway or just about to begin. There are two possible ways of dealing with criminal contempt: one by the exercise of the summary jurisdiction, the other by an application to a Divisional Court. Neither case has anything to say about civil contempt; that is to say breach of a court order carrying the contempt sanction.

  • Alan Wilkinson and Lord Chancellor's Department and official Solicitor
    • Court of Appeal (Civil Division)
    • 04 Febrero 2003

    In a serious case such as this, particularly where there are ongoing proceedings between the same parties, it may be entirely proper to invoke the summary procedure even though the immediate hearing is over.

    In many cases where there has perforce to be a delay between the alleged contempt and the summary trial, it will be wise for the judge to refer the matter to one of her colleagues if for no other reason than to avoid the risk that this argument will be run.

  • Attorney General v British Broadcasting Corporation
    • Court of Appeal (Civil Division)
    • 11 Abril 1979

    In my opinion the first is that it should have been created by the State. At one time courts were created or recognised by the Monarch. Thirdly, that procedure will involve a public hearing with the power at least to receive evidence orally, to permit the oral examination and cross-examination of witnesses and to hear argument upon the issues before it. Fifthly, there will be two parties at least before it, one of whom may be the Crown, who are interested in the decision.

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Legislation
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Books & Journal Articles
  • Impossible Attempts—Another View
    • Núm. 39-1, Enero 1976
    • The Modern Law Review
    ...... Crown Court, in which the defendant was acquitted of an attempt to commit contempt of court by releasing laughing gas from a cylinder, Lord Denning, having observed that the defendant had not carried out every step necessary to ......
  • The perceived challenges of working with patients who use new psychoactive substances: a qualitative study in a medium secure unit
    • Núm. 22-1, Diciembre 2019
    • The Journal of Forensic Practice
    • 12-22
    Purpose: New psychoactive substances (NPS) are increasingly being used in secure mental health settings. Within these settings, NPS use presents a range of challenges and staff currently lack adequ...
    ...... can decrease the heart rate and the rate of breathingand lead to a loss of consciousness or even deathNitrous oxide (commonly known as“laughing gas”), Etizolam, GHB (commonlyknown as a “date rape drug”)Anti-anxiety andopioid-like drugsHallucinogens Most produce their effect by agonism ......
  • In court
    • Núm. 65-4, Diciembre 2018
    • Probation Journal
    ...... of guidelines Aged 19 and of previous good character, S. was asked by H. to purchase nitrous oxide (commonly known as ‘laughing" gas’, a euphoria-inducing unlawful sub- stance) on his behalf from an address and was given £250 for that purpose. H. had been\xC2"......
  • Prohibition, privilege and the drug apartheid: The failure of drug policy reform to address the underlying fallacies of drug prohibition
    • Núm. 16-4, Septiembre 2016
    • Criminology & Criminal Justice
    It appears to be a time of turbulence within the global drug policy landscape. The historically dominant model of drug prohibition endures, yet a number of alternative models of legalization, decri...
    ......Bancroft A (2009) Drugs, Intoxication and Society . Cambridge: Polity Press. Bassil R (2015) How will the new ban on laughing gas, poppers and legal highs affect this sum- mer’s festivals? Available at: http://noisey.vice.com/en_uk/blog/hey-uk-government-stop- ......
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Law Firm Commentaries
  • ASA Adjudications Snapshot - November 2010
    • Mondaq United Kingdom
    ....... NON-COMMERCIAL. 15. ITV Broadcasting Ltd t/a UTV, 10 November 2010. A Department of the Environment TV advert showed a young boy laughing and playing in a garden. The next scene showed a young man celebrating after scoring a goal during a football match and then having a pint of beer ......
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