‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland).’
UKSC Blog, 30th June 2020
Source: ukscblog.com
‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’
UK Police Law Blog, 2nd June 2020
Source: ukpolicelawblog.com
‘Under the Detention of Terrorists (Northern Ireland) Order 1972, art 4 an Interim Custody Order was made where the Secretary of State considered that an individual was involved in terrorism. On foot of an ICO, the person was taken into custody and had to be released within 28 days, unless the Chief Constable referred the matter to the Commissioner, who had the power to make a detention order if satisfied that the person was involved in terrorism.’
UKSC Blog, 13th May 2020
Source: ukscblog.com
‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
‘This appeal arose as a result of an application made by the Attorney General for Northern Ireland under the Northern Ireland Act 1998, Schedule 10 paragraph 34. Paragraph 34 provides that the Attorney General may refer to the Supreme Court any devolution issue which is not the subject of proceedings. A devolution issue includes a question whether a purported exercise of a function by a Northern Ireland Department is or would be invalid by reason the 1998 Act, s.24. S. 24(1)(a) provides that a Department of Northern Ireland has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act is incompatible with any of the rights guaranteed by the European Convention on Human Rights.’
UKSC Blog, 5th February 2020
Source: ukscblog.com
‘Lawyers in the Guildford pub bombing inquest have threatened Surrey Police with High Court action over archives removed from a history centre.’
BBC News, 22nd January 2020
Source: www.bbc.co.uk
‘A woman who lost her soldier sister in the Guildford pub bombings has said her family are “never going to get justice” even though the inquest has resumed.’
BBC News, 18th December 2019
Source: www.bbc.co.uk
‘On Nov 11, 2019, the Conservative Party announced rather unclear plans to take legal steps to ensure that inquest juries in Northern Ireland could not return verdicts of unlawful killing in relation to actions by UK soldiers (and presumably other state agents such as the RUC police) in operations during The Troubles. The plans also apparently include barring prosecutions for any alleged unlawful acts during such operations during The Troubles (there is no statute of limitations on serious criminal offences in the UK so this would be an entirely novel step).’
Red Lion Chambers, 14th November 2019
Source: www.redlionchambers.co.uk
‘Conservative plans to water down the Human Rights Act – to prevent prosecutions of soldiers accused of murders in Northern Ireland – will make the UK a pariah, the party has been warned.’
The Independent, 11th November 2019
Source: www.independent.co.uk
‘ On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing commentators both in and outside Northern Ireland. Briefly, the UT had heard the Home Secretary’s appeal against the First-tier Tribunal (FTT) decision which had declared that the American claimant (respondent in the UT) was entitled to apply to reside in Northern Ireland under the EU Citizen’s Directive because his wife was permitted to self-identify as an Irish national in accordance with the provisions of the Good Friday Agreement (GFA). British nationality, the FTT declared, could not be “imposed” on her at birth, flying in the face of the British Nationality Act 1981 (BNA), section 1 of which, it was argued, does precisely that. The UT allowed the appeal and overturned the FTT judgment, revealing a tension which goes far beyond immigration law.’
UK Constitutional Law Association, 17th October 2019
Source: ukconstitutionallaw.org
‘People born in Northern Ireland remain British citizens according to the law, even if they identify as Irish, tribunal judges have determined.’
BBC News, 14th October 2019
Source: www.bbc.co.uk
‘A 10-year “qualified statute of limitations” should be introduced to protect veterans and serving armed forces personnel from reinvestigation for alleged crimes, MPs have said.’
The Guardian, 22nd July 2019
Source: www.theguardian.com
‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’
The Guardian, 17th July 2019
Source: www.theguardian.com
‘The next prime minister will have the power to prevent MPs blocking a no-deal Brexit, though would he or she dare close the Commons for three months?’
The Guardian, 13th June 2019
Source: www.theguardian.com
‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’
UK Police Law Blog, 10th May 2019
Source: ukpolicelawblog.com
‘Campaign groups are warning that the new defence secretary’s pledge to opt out of the Human Rights Convention in future conflicts will hurt soldiers and civilians.’
Rights Info, 15th May 2019
Source: rightsinfo.org
‘British troops and veterans will be given stronger legal protections against prosecution, Defence Secretary Penny Mordaunt will announce.’
BBC News, 15th May 2019
Source: www.bbc.co.uk
‘The new defence secretary, Penny Mordaunt, declared that army veterans should not be “pursued unfairly for events that took place decades ago” hinting that she favoured an amnesty for British soldiers from historical prosecutions.’
The Guardian, 9th May 2019
Source: www.theguardian.com
‘A former soldier is to be prosecuted over the murder of a teenage boy, who was shot twice in the head in Derry in 1972.’
The Independent, 15th April 2019
Source: www.independent.co.uk
‘The appellant argued that all the relevant evidence pointed to the decision not to hold the inquiry being a sham. The basis on which it had been suggested that this was a decision taken in the public interest was, Mrs Finucane argued, spurious. Moreover, the process of consultation and discussions was entirely cosmetic. The outcome had been predetermined. (See Lord Kerr’s summary of the grounds of challenge at paras 50-52)’
UKSC Blog, 26th March 2019
Source: ukscblog.com
© Inner Temple Library 2020