Secret ‘Torture Loophole’ Raises Serious Questions For Government, MP David Davis And Barrister Say – Rights Info

‘The government must be asked “serious questions” on how a secret policy allowing ministers to approve actions that could lead to torture was signed off, a leading QC and Tory MP have said.’

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Rights Info, 20th May 2019

Source: rightsinfo.org

Police facial recognition surveillance court case starts – BBC News

‘The first major legal challenge to police use of automated facial recognition surveillance begins in Cardiff later.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

Man who ‘confessed’ to raping woman in Facebook message was not prosecuted – The Independent

‘A man who “confessed” on Facebook Messenger to raping a woman in her sleep will not be prosecuted because authorities think there is “no realistic prospect of conviction”, The Independent can reveal.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

UK’s organised crime threat at record level, warns National Crime Agency – The Guardian

Posted May 13th, 2019 in brexit, budgets, crime prevention, gangs, internet, investigatory powers, news, police by sally

‘Britain risks losing the fight against organised crime unless police receive significant new resources to tackle the “chronic and corrosive” threat from such groups, the head of the National Crime Agency has warned.’

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The Guardian, 12th May 2019

Source: www.theguardian.com

No necessity to arrest where person voluntarily attended police station – UK Police Law Blog

Posted May 1st, 2019 in appeals, detention, harassment, investigatory powers, news, police, reasons by tracey

‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’

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UK Police Law Blog, 30th April 2019

Source: ukpolicelawblog.com

High Court gives green light to judicial review challenge over guidance on use of children as spies – Local Government Lawyer

‘The High Court has granted charity Just for Kids Law permission to proceed with its judicial review challenge over the use of children as spies by the police and other investigative agencies.’

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Local Government Lawyer, 4th March 2019

Source: www.localgovernmentlawyer.co.uk

Speech by Sir Rabinder Singh: Kay Everett Memorial Lecture – Courts and Tribunals Judiciary

Posted February 22nd, 2019 in human rights, intelligence services, investigatory powers, lectures, tribunals by tracey

‘The second Kay Everett memorial lecture was delivered by the President of the Investigatory Powers Tribunal, Sir Rabinder Singh, on Wednesday 20 February 2019.’

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Courts and Tribunals Judiciary, 21st February 2019

Source: www.judiciary.uk

Police to get more stop and search powers to tackle acid attacks – Home Office

‘Home Secretary Sajid Javid will give police new powers to stop and search anyone suspected of carrying a corrosive substance in public.’

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Home Office, 20th February 2019

Source: www.gov.uk/home-office

Before facial recognition tech can be used, it needs to be limited – The Independent

‘New research on facial recognition technology trials by police calls for tighter regulation to protect human rights.’

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The Independent, 21st February 2019

Source: www.independent.co.uk

Defined penalties gives Pensions Regulator powers to protect defined benefit schemes – Doughty Street Chambers

Work and Pensions Secretary Amber Rudd MP has announced that the government will introduce two new criminal offences to penalise the mismanagement of pension schemes.

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Doughty Street Chambers, 11th February 2019

Source: insights.doughtystreet.co.uk

Hand database could be used to catch child abusers, says leading forensics expert – Daily Telegraph

‘Scientists believe developing a hand database could help track down and convict child abusers.’

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Daily Telegraph, 13th February 2019

Source: www.telegraph.co.uk

Government announces plans to tackle illegal traveller sites – Home Office

‘The Home Secretary has today (Wednesday 6 February) announced plans to give police tough new powers to crackdown on illegal traveller sites.’

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Home Office, 6th February 2019

Source: www.gov.uk/home-office

Investigatory Powers Tribunal Rules 2018 – UK Police Law Blog

Posted January 15th, 2019 in investigatory powers, news, regulations, tribunals by tracey

‘The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: See here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of Investigatory Powers Act 2000, including those which were made before the new rules came into force.’

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UK Police Law Blog, 14th January 2019

Source: ukpolicelawblog.com

Government to hand police new powers to tackle illegal use of drones – Local Government Lawyer

Posted January 10th, 2019 in aircraft, airports, consultations, fines, investigatory powers, news, police by sally

‘The Government has announced plans to hand police new powers to deal with the illegal use of drones.’

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Local Government Lawyer, 8th January 2019

Source: www.localgovernmentlawyer.co.uk

Police handed new anti-drone powers after Gatwick disruption – The Guardian

Posted January 8th, 2019 in aircraft, airports, fines, investigatory powers, news, police by sally

‘Police will be handed extra powers to combat drones after the mass disruption at Gatwick airport in the run-up to Christmas.’

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The Guardian, 8th January 2018

Source: www.theguardian.com

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One) – UK Constitutional Law Association

‘Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably in articles by Paul Scott and Tom Hickman in Public Law) and online (including a symposium at the Administrative Law in the Common Law World blog). In this two-part post, I seek to situate the case in its wider constitutional context, and argue that the Supreme Court ought to abandon the narrow approach the courts have adopted so far.’

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UK Constitutional Law Association, 18th December 2018

Source: ukconstitutionallaw.org

Safeguards governing investigatory powers come into effect – Home Office

‘Government commences final provision in the Investigatory Powers Act 2016 subject to the double-lock safeguard requiring judicial approval.’

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Home Office, 28th November 2018

Source: www.gov.uk/home-office