Daughter of murdered Muslim man calls for official Islamophobia definition – The Guardian

Posted April 6th, 2021 in hate crime, Islam, murder, news, terrorism by sally

‘The daughter of a Muslim man who was murdered by a white supremacist as he walked home from evening prayers at a Birmingham mosque is launching a campaign calling for the government to adopt an official definition of Islamophobia.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Watchdog steps in over secrecy about UK women in Syria stripped of citizenship – The Guardian

‘The Home Office’s refusal to disclose the number of women who, like Shamima Begum, have been deprived of their British citizenship after travelling to join Islamic State is under investigation by the information commissioner.’

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The Guardian, 29th March 2021

Source: www.theguardian.com

Michael Foran: Shamima Begum, the Separation of Powers, and the Common Good – UK Constitutional Law Association

‘The Supreme Court has come under significant criticism for its handling of the Shamima Begum case, decided on 26 February. Much has already been said in relation to the deference that the court showed to the executive, with some arguing that it was improper or even a complete abdication of the judicial role itself. This post seeks to clarify what precisely the court did and did not do in relation to the exercise of its constitutional duty to review the legality of executive action. It will suggest that the Court did not engage in any strong deference as to the nature of Begum’s rights nor to the balance to be struck between those rights and the common good. Such questions remained wholly within the purview of the Court. While the Court did pay due respect to the executive’s authority to determine and pursue the common good, this was subject to an assessment of lawfulness. Any deference, if it can even be called deference, was to the rule of law, given both the statutory scheme in question and the common law distinction between review and appeal. The determination of the scope of individual rights entails an exercise of judicial interpretation which seeks to strike an appropriate balance between the applicable legal considerations. It is not deference for the court to include constitutional principles such as the separation of powers within those considerations.’

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UK Constitutional Law Association, 17th March 2021

Source: ukconstitutionallaw.org

Daniella Lock: The Shamima Begum Case: Difficulties with ‘democratic accountability’ as a justification for judicial deference in the national security context – UK Constitutional Law Association

‘No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years (such as, for example, in the Miller cases). A key feature of this deference is that it is offered in a national security context, where judicial deference has often played a role. This deference is partly justified by the Court on the grounds that Ministers are democratically accountable for national security decisions. However, as this post argues, the extent to which democratic accountability is a legitimate ground for judicial deference to national security decisions is questionable in light of current UK practice. This post raises three difficulties with relying on democratic accountability as a ground for deference in the UK national security context.’

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UK Constitutional Law Association, 9th March 2021

Source: ukconstitutionallaw.org

Shamima Begum and The Humpty Dumpty Supreme Court – Oxford Human Rights Hub

‘On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who left the UK as a 15-year-old girl to travel to Syria to join the so-called Islamic State, however, resulted in the Court effectively washing its hands of the case staying it until a full hearing can occur in future—a remote possibility. In the judgment, Lord Reed held the Court of Appeal was in error by substituting its own view of the balance to be struck between national security and the applicant’s rights. In so doing, the Court of Appeal did not give the Secretary of State’s assessment due respect. In this brief post, I wish to focus on a principal aspect of the Supreme Court’s judgment: the concept of deference.’

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Oxford Human Rights Hub, 8th March 2021

Source: ohrh.law.ox.ac.uk

Shamima Begum: SSHD strikes back in Supreme Court – EIN Blog

‘Ms Shamima Begum was born and raised in the UK. She was a British citizen at birth and at age 15 she travelled to Syria with two friends and soon afterwards she married an ISIS fighter and is currently detained in poor conditions in the Al-Roj camp run by the Syrian Democratic Forces. She now wishes to return home to the UK to have a fair and effective appeal. She was deprived of her British citizenship on 19 February 2019 because the SSHD believed that her return would present a risk to national security. She applied for leave to enter (LTE) the UK so that she could pursue an appeal against the deprivation decision. The Court of Appeal unanimously held that the only way Ms Begum, can have a fair and effective appeal is to be permitted to come into the UK to pursue her appeal. King, Flaux and Singh LJJ found that fairness and justice must – on the facts of her case – outweigh any national security concerns. But in a twist of fate, the Supreme Court unanimously held in favour of the SSHD and found that the right to a fair hearing does not trump everything else, such as the public’s safety. The court took the view that if a vital public interest makes it impossible for a case to be fairly heard, then the courts cannot ordinarily hear it. Therefore, her deprivation appeal should be stayed until she can play an effective part in it without compromising the public’s safety.’

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EIN Blog, 7th March 2021

Source: www.ein.org.uk

Supreme Court: Shamima Begum may be barred from UK – UK Human Rights Blog

‘Since 2019 when Shamima Begum was found in a camp in north Syria, her hopes of returning to the UK have ebbed and flowed (see here and here). Stripped of her British citizenship, she brought three sets of legal proceedings. Last week, after a ruling by the Supreme Court, her hopes receded once more. The Home Secretary was entitled to refuse her entry to the UK to pursue her appeal against the loss of citizenship, the Court ruled. So, Ms Begum’s appeal has been stayed, pending some change in her circumstances which will enable her to participate in a hearing – albeit from outside the UK.’

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UK Human Rights Blog, 1st March 2021

Source: ukhumanrightsblog.com

Shamima Begum: Isis member loses Supreme Court battle to return to UK – The Independent

Posted February 26th, 2021 in appeals, children, citizenship, human rights, news, Supreme Court, terrorism, young offenders by tracey

‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’

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The Independent, 26th February 2021

Source: www.independent.co.uk

Discretionary Life Sentences – Setting the minimum term – ½ or 2/3 of the notional determinate sentence – Doughty Street Chambers

Posted February 25th, 2021 in attorney general, dangerous offenders, news, sentencing, terrorism by sally

‘James Wood QC discusses recent sentence appeals on minimum terms in discretionary life sentences. He assesses the likely impact of the recent statutory changes increasing the minimum term to be served by some prisoners serving determinate sentences from ½ to 2/3. He identifies prosecutorial appeals to increase minimum terms in discretionary life sentences by the Attorney General, and warns that the judicial and statutory drift appears to be towards a similar lengthening from ½ to 2/3 of the minimum term to be served by those sentenced to discretionary life sentences on grounds of dangerousness.’

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Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

New UK laws needed to stop hate speech and extremism, says report – The Guardian

‘Massive gaps in the law allow terrorism to be glorified and hatred to be spread, and a major crackdown is needed to stop more violence being triggered, an official report has said.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

Leader of Islamist terrorist network jailed for over 3 years after sparking manhunt at UK borders – The Independent

‘A senior leader of a terrorist network has been jailed after sparking a manhunt that caused nine-hour tailbacks in Dover.’

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The Independent, 23rd February 2021

Source: www.independent.co.uk

17 Human Rights Groups Are Boycotting The Government’s Prevent Review – Here’s All The Context – Each Other

Posted February 18th, 2021 in human rights, Islam, minorities, news, terrorism by sally

‘Leading human rights groups including Liberty, Amnesty International and the Runnymede Trust have announced a boycott into a pending review of the Government’s Prevent Strategy.’

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Each Other, 17th February 2021

Source: eachother.org.uk

R v R [2021] EWCA Crim 35 – Broadway House Chambers

Posted February 18th, 2021 in human rights, news, notification, statutory interpretation, terrorism by sally

‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’

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Broadway House Chambers, 17th February 2021

Source: broadwayhouse.co.uk

The powers being used to disrupt a terror group – BBC News

Posted February 11th, 2021 in appeals, news, terrorism, terrorism prevention & investigation measures by sally

‘Two members of the banned group al-Muhajiroun have lost an appeal against terrorism measures used by the government to limit their activities. The BBC has investigated how the measures are being employed to disrupt the organisation’s leadership.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

UK’s youngest terror offender walks free from court after recruiting for neo-Nazi group – The Independent

Posted February 9th, 2021 in news, rehabilitation, sentencing, terrorism, young offenders by tracey

‘The UK’s youngest known terror offender has walked free from court after recruiting members for a neo-Nazi group.’

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The Independent, 8th February 2021

Source: www.independent.co.uk

Peer is asked to investigate the activities of extreme right and left – The Guardian

Posted February 8th, 2021 in government departments, news, political parties, statistics, terrorism by tracey

‘The government has reportedly ordered an investigation into the extreme fringes on both ends of the political spectrum, with a peer tasked with offering recommendations to the prime minister and home secretary. The review will be led by John Woodcock, the former Labour MP who now sits in the upper chamber as Lord Walney and was appointed as the government’s independent adviser on political violence and disruption last November.’

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The Guardian, 8th February 2021

Source: www.theguardian.com

Cardiff terrorist Omar Latif sues MoJ over licence changes – BBC News

Posted February 4th, 2021 in news, parole, release on licence, terrorism by sally

‘A convicted terrorist who was jailed for his role in an al Qaida-inspired terrorist group is suing the Ministry of Justice (MoJ).’

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BBC News, 3rd February 2021

Source: www.bbc.co.uk

Teenage neo-Nazi from Cornwall is UK’s youngest terror offender – BBC News

Posted February 2nd, 2021 in hate crime, news, terrorism, young offenders by sally

‘The teenage leader of a neo-Nazi group has become the youngest person in the UK to have committed a terrorist offence.’

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BBC News, 1st February 2021

Source: www.bbc.co.uk

The Stansted 15’s quashed conviction shows we were never terrorists – The Guardian

Posted February 2nd, 2021 in airports, appeals, demonstrations, deportation, news, terrorism by sally

“I was one of 15 charged for blocking a deportation flight. We’ve got justice, but victims of the UK’s hostile environment haven’t.”

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The Guardian, 2nd February 2021

Source: www.theguardian.com

Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation? – UK Police Law Blog

Posted January 29th, 2021 in data protection, equality, human rights, Islam, news, police, privacy, proportionality, terrorism by tracey

‘If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police’s continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police cease to be able to identify a policing purpose for continued retention of personal data, it should be deleted.’

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UK Police Law Blog, 28th January 2021

Source: ukpolicelawblog.com