“In a recent interview in The Spectator, Lord Chancellor and Secretary of State for Justice, Chris Grayling MP, was given another opportunity to recite the now characteristic Tory Siren call relating to the European Convention on Human Rights and the Strasbourg court.”
UK Constitutional Law Group, 30th September 2013
Source: www.ukconstitutionallaw.org
“Home Secretary said she would end ‘abuse’ of article 8, which protects right to family life.”
The Independent, 30th September 2013
Source: www.independent.co.uk
“As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act 1983, which removed the franchise from prisoners, was a disproportionate restriction of the right to vote found in article 3 of the First Protocol to the European Convention on Human Rights. After two consultation papers, further judgments from the European Court of Human Rights, a declaration of incompatibility from the Scottish courts, a series of criticisms from the Committee of Ministers of the Council of Europe and the Joint Committee of Human Rights, a change of Government and a House of Commons debate, the Voting Eligibility (Prisoners) Draft Bill was proposed and is currently being scrutinised by a Joint Select Committee. To add to the mix, we are awaiting judgment on the latest discussion of the issue by the UK Supreme Court, in R (Chester) v Secretary of State for Justice and McGeogh v Lord President of the Council, heard on 10 June, not to mention the adjourned case of Firth v United Kingdom.”
UK Constitutional Law Group, 27th September 2013
Source: www.ukconstitutionallaw.org
“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”
UK Human Rights Blog, 26th September 2013
Source: www.ukhumanrightsblog.com
“An alleged double gang murderer wanted for trial in eastern Europe has stalled his extradition for two years over his ‘human rights’, it can be disclosed.”
Daily Telegraph, 28th September 2013
Source: www.telegraph.co.uk
“Senior judges have increased the sentence handed to a violent foreign criminal because of the risk he would be freed from jail before the government could organise his deportation from Britain.”
Daily Telegraph, 27th September 2013
Source: www.telegraph.co.uk
“Nearly 200 Muslim prisoners are suing the Government after being served halal food contaminated with pork, claiming their human rights were breached.”
Daily Telegraph, 29th September 2013
Source: www.telegraph.co.uk
“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”
UK Human Rights Blog, 26th September 2013
Source: www.ukhumanrightsblog.com
“The Court of Appeal has taken the unusual step of reversing a denial of contact order, by reviewing the question of the proportionality of the order in relation to the children’s right to family life under Article 8.”
UK Human Rights Blog, 26th September 2013
Source: www.ukhumanrightsblog.com
“According to reports this week, the Prison Service is making preparations to prohibit smoking in prisons. They are doing more than “considering” it, it seems, as they have identified probable pilot sites and seem to have a roll-out plan in readiness if the pilot should be successful. But it is a little less than a final decision; so “making preparations” will have to do.”
Halsbury’s Law Exchange, 25th September 2013
Source: www.halsburyslawexchange.co.uk
“Britain’s Supreme Court should make final rulings on contentious human rights cases, not the European Court of Human Rights, the Justice Secretary has said.”
Daily Telegraph, 25th September 2013
Source: www.telegraph.co.uk
“The High Court has found that the containment of a protester in a designated protesting pen for seventy five minutes was not unlawful at common law, nor under the Human Rights Act 1998.”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
“In 1894 Edward Marshall Hall KC defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client whose body she hid in a trunk. The jury acquitted of murder and convicted of manslaughter after what has become his most famous jury speech ending with, ‘Look at her, gentlemen of the jury, look at her. God never gave her a chance, won’t you?’ The personalities may have changed and the language less flowery but the basic principle of a jury trial is the same – we judge our peers on the evidence and that is the evidence presented in court. This includes our assessment of other human beings, not just what they say but how they say it.”
Halsbury’s Law Exchange, 25th September 2013
Source: www.halsburyslawexchange.co.uk
“The High Court has ruled that it is not a breach of the right to private life to request DNA samples from those who were convicted of serious offences before it became commonplace to take samples for the production of DNA profiles for the investigation of crime.”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
“A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.”
The Guardian, 24th September 2013
Source: www.guardian.co.uk
“Smoking could be banned across all prisons in England and Wales by 2015, amid fears that prisoners could begin rioting over the change.”
The Independent, 20th September 2013
Source: www.independent.co.uk
“Britain’s controversial deployment of US-built Reaper drones in Afghanistan will come under scrutiny in court this week in a closed hearing that will see a UK-based drone operator give evidence for the first time.”
The Independent, 22nd September 2013
Source: www.independent.co.uk
“Regulation 12 of the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 which required a person on the sex offenders register to provide details of bank, debit or credit card accounts held by him, was not incompatible with his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 18th September 2013
Source: www.iclr.co.uk
“The ruling by HHJ Murphy in Blackfriars Crown Court this Monday that a defendant in a criminal trial should not be allowed to wear a niqaab (face veil) whilst giving her evidence has prompted calls for a public debate about the wearing of face veils in public more generally. Adam Wagner has already commented on the case here. A summary and analysis of the decision follows below.”
UK Human Rights Blog, 18th September 2013
Source: www.ukhumanrightsblog.com
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