Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association

Posted September 6th, 2022 in armed forces, bills, international relations, news, treaties, victims by sally

‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’

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UK Constitutional Law Association, 6th September 2022

Source: ukconstitutionallaw.org

Sgt Gavin Hillier shot dead by soldier with ‘poor eyesight’ – BBC News

Posted August 30th, 2022 in accidents, armed forces, firearms, news, reports by tracey

‘An army sergeant was shot and killed when he was mistaken for a target by a soldier with “poor eyesight”, an inquiry has found.’

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BBC News, 29th August 2022

Source: www.bbc.co.uk

SAS killings: Ministry of Defence proposes judge-led review – BBC News

Posted July 28th, 2022 in Afghanistan, armed forces, news, police, reports, unlawful killing by sally

‘The Ministry of Defence has proposed an independent review of how it handled allegations that the SAS executed unarmed civilians in Afghanistan.’

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BBC News, 27th July 2022

Source: www.bbc.co.uk

Guildford pub bomb inquest: Device could have been planted by a ‘courting couple’ – BBC News

‘Five people were unlawfully killed by an IRA bomb in Guildford in 1974 which could have been planted by a “courting couple”, a coroner concluded.’

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BBC News, 21st July 2022

Source: www.bbc.co.uk

Court blocks bid to issue 3,500 cases on just one claim form – Law Society’s Gazette

‘The High Court has blocked a firm’s latest attempt to issue multiple different claims through the same claim form.’

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Law Society's Gazette, 15th July 2022

Source: www.lawgazette.co.uk

Crown Censure issued after death of Royal Marine recruit published 2 days ago – BBC News

Posted July 18th, 2022 in armed forces, government departments, health & safety, news by tracey

‘The Ministry of Defence has been issued a Crown Censure after a 20-year-old marine recruit died during exercise.’

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BBC News, 18th July 2022

Source: www.bbc.co.uk

SAS reports reveal troubling pattern of suspicious deaths in Afghanistan – BBC News

Posted July 12th, 2022 in Afghanistan, armed forces, BBC, detention, news, unlawful killing by tracey

‘SAS operatives in Afghanistan repeatedly killed detainees and unarmed men in suspicious circumstances, according to a BBC investigation.’

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BBC News, 12th July 2022

Source: www.bbc.co.uk

Ex-soldier jailed for murdering couple in Somerset after parking dispute – The Guardian

Posted June 22nd, 2022 in armed forces, imprisonment, mental health, murder, news, sentencing by sally

‘A former soldier who murdered his nextdoor neighbours with a commando dagger after a dispute over parking has been told he will serve at least 38 years in prison before being considered for parole.’

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The Guardian, 21st June 2022

Source: www.theguardian.com

First openly gay judge to lead LGBT veterans probe – BBC News

‘Britain’s first openly gay senior judge will lead a review into the impact of a historical ban on LGBT people serving in the armed forces.’

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BBC News, 19th June 2022

Source: www.bbc.co.uk

British Army veteran ‘living in fear’ as he fights deportation threat after 20 years living in UK – The Independent

‘ British Army veteran who has spent more than 20 years living in the UK is “living in fear each and every second” due to the threat of deportation to Zimbabwe.’

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The Independent, 20th June 2022

Source: www.independent.co.uk

Soldiers win legal battle to rescue Afghan interpreter – BBC News

‘A group of former British soldiers have won a legal battle to bring their Afghan interpreter to the UK.’

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BBC News, 5th June 2022

Source: www.bbc.co.uk

Sex offenders being freed from UK military jail without any probation supervision, report warns – The Independent

‘Sex offenders and domestic abusers are being freed from the UK’s military jail “without any safeguards or probation supervision”, inspectors have warned.’

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The Independent, 5th May 2022

Source: www.independent.co.uk

Attorney General vows to put Russia’s war criminals ‘behind bars’ – The Independent

‘The Attorney General has vowed to put Russian soldiers found guilty of war crimes in Ukraine behind bars.’

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The Independent. 13th March 2022

Source: www.independent.co.uk

LGBT veterans who served during ban on gay troops to share experiences in government review – The Independent

Posted January 20th, 2022 in armed forces, homosexuality, news by tracey

‘LGBT veterans will be asked about how they were treated when serving in the British military while there was a ban on gay personnel.’

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The Independent, 19th January 2022

Source: www.independent.co.uk

New Acts – legislation.gov.uk

2021 c. 34 – Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021

2021 c. 33 – Critical Benchmarks (References and Administrators’ Liability) Act 2021

2021 c. 35 – Armed Forces Act 2021

Source: www.legislation.gov.uk

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

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UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com

Judge calls for ban on drunken Royal Naval parties after jailing sailor for raping colleague – The Independent

Posted December 17th, 2021 in alcohol abuse, armed forces, imprisonment, judges, news, rape, sexual offences, victims by michael

‘A judge has said there should be a ban placed on parties involving “excessive drinking” in the Royal Navy after a sailor was jailed for raping a female colleague following a party at a hotel. ‘

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The Independent, 16th December 2021

Source: www.independent.co.uk

Supreme Court to rule on investigation into ‘hooded men’ case – The Independent

Posted December 15th, 2021 in appeals, armed forces, news, Northern Ireland, Supreme Court, torture by tracey

‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

Navy rape survivor backs civilian court trials for serious offences – BBC News

‘A member of the Royal Navy, whose rape case collapsed in a military court, has backed calls for serious offences committed in the UK to be investigated and tried through civilian courts.’

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BBC News, 6th December 2021

Source: www.bbc.co.uk

MoD overhauls rules for investigating sexual offences in armed forces – The Guardian

Posted December 2nd, 2021 in armed forces, courts martial, inquiries, news, sexual offences by sally

‘Complaint of sexual offences in the armed forces will be dealt with outside the chain of command in future – but military police will retain the right to investigate allegations of rape, the Ministry of Defence announced on Thursday.’

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The Guardian, 2nd December 2021

Source: www.theguardian.com