Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same – Times Law Reports

Posted May 5th, 2009 in asylum, human rights, law reports, mental health, torture by sally

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same

Court of Appeal

“It would be a breach of article 3 of the European Convention on Human Rights, prohibiting torture, to order the return of an asylum seeker to a country where there was an undisturbed finding that the asylum seeker had been tortured and raped in captivity and where credible and uncontradicted expert evidence was that the likely effect of the trauma, if return was enforced, would be suicide.”

The Times, 5th May 2009

Source: www.timesonline.co.uk

Gomes v Republic of Trinidad and Tobago; Goodyer v Same – Times Law Reports

Posted May 5th, 2009 in delay, extradition, law reports by sally

Gomes v Republic of Trinidad and Tobago; Goodyer v Same

House of Lords

“An accused who deliberately fled from a jurisdiction where his trial was pending was not generally entitled to rely on the passage of time due to the delay of the extraditing state in bringing him to justice as a bar to his extradition.”

The Times, 5th May 2009

Source: www.timesonline.co.uk

Jacqui Smith says DNA database profiles of 800,000 innocent people will be axed – The Guardian

Posted May 5th, 2009 in data protection, DNA, human rights, news by sally

“The home secretary, Jacqui Smith, will publish plans this week for the destruction of the DNA profiles of nearly a million innocent people from the police national database. The government’s response follows a ruling by the European court of human rights last year that the practice of retaining the DNA profiles was illegal.”

Full story

The Guardian, 3rd May 2009

Source: www.guardian.co.uk

Criminals to face easier deportation – The Times

Posted May 5th, 2009 in deportation, news by sally

“Human rights legislation that prevents ministers from deporting foreign criminals is to be overhauled under new government plans.”

Full story

The Times, 3rd May 2009

Source: www.timesonline.co.uk

DNA search for miscarriages of justice – The Guardian

Posted May 5th, 2009 in DNA, miscarriage of justice, news by sally

“The head of the organisation that investigates alleged miscarriages of justice has ordered an urgent review of cases where DNA evidence is involved to find whether there are long-term prisoners whose innocence could now be scientifically proved.”

Full story

The Guardian, 5th May 2009

Source: www.guardian.co.uk

Review begins into cross-examination of rape victim, four – The Times

Posted May 5th, 2009 in children, cross-examination, news, rape, victims by sally

“An independent review is underway into how Haringey Social Services dealt with the case of a two-year-old girl raped by a man convicted over Baby P’s death.”

Full story

The Times, 2nd May 2009

Source: www.timesonline.co.uk

‘Baby P’ stepfather may challenge rape verdict – The Independent

Posted May 5th, 2009 in news, rape by sally

“Lawyers representing Baby P’s ‘stepfather’ confirmed today they are considering an appeal against his conviction for raping a two-year-old girl.”

Full story

The Independent, 5th May 2009

Source: www.independent.co.uk

Rules on Gurkhas ‘need rethink’ – BBC News

Posted May 5th, 2009 in Gurkhas, immigration, news by sally

“The government must come up with a revised policy on Gurkha immigration rights, a senior Labour MP has warned.”

Full story

BBC News, 3rd May 2009

Source: www.bbc.co.uk

Extremists banned from Britain named and shamed by Home Office – Daily Telegraph

Posted May 5th, 2009 in incitement, news, terrorism by sally

“Extremists and preachers of hate who have been banned from Britain are named and shamed by the Government for the first time today.”

Full story

Daily Telegraph, 5th May 2009

Source: www.telegraph.co.uk

Do not widen out-of-court penalties, magistrates tell Jack Straw – The Times

Posted May 5th, 2009 in fines, news by sally

“Magistrates want ministers to halt the widening of on-the-spot fines for offenders, warning that serious crimes are not reaching the courts. They have told Jack Straw, the Justice Secretary, that the use of the fines in cases involving assault is undermining confidence in the justice system.”

Full story

The Times, 5th May 2009

Source: www.timesonline.co.uk

Fair tipping law ‘won’t cost waiters their jobs’ – The Independent

Posted May 5th, 2009 in news, remuneration by sally

“The restaurant trade’s warning that 45,000 jobs could be lost when ministers outlaw the use of tips to top up the earnings of staff paid less than the minimum wage has been rejected by an official government study.”

Full story

The Independent, 5th May 2009

Source: www.independent.co.uk

Amy Winehouse wins court ban on paparazzi at her home – The Guardian

Posted May 2nd, 2009 in harassment, injunctions, news by sally

“Singer Amy Winehouse has fought back against paparazzi photographers keen to record every aspect of her troubled private life, winning a high court anti-harassment injunction and posting the ruling outside her new home in the London suburbs.”

Full story

The Guardian, 1st May 2009

Source: www.guardian.co.uk

Unborn twins killer sent to jail – BBC News

Posted May 1st, 2009 in abortion, news, perverting the course of justice, sentencing by sally

“A woman who accidentally killed her unborn twins then blamed a midwife has been convicted in her absence at Bristol Crown Court.”

Full story

BBC News, 1st May 2009

Source: www.bbc.co.uk

Bed blaze killer jailed for life – BBC News

Posted May 1st, 2009 in care workers, murder, news, sentencing by sally

“A care assistant who murdered a 79-year-old dementia patient at a Cheshire care home by setting fire to her bed has been jailed for life.”

Full story

BBC News, 1st May 2009

Source: www.bbc.co.uk

Life term for acid attack rapist – BBC News

Posted May 1st, 2009 in assault, grievous bodily harm, news, rape, sentencing by sally

“An obsessed fan who raped a TV presenter then planned an acid attack on her after she rejected him has been jailed for life.”

Full story

BBC News, 1st May 2009

Source: www.bbc.co.uk

PC John Dougal jailed for killing girl hit by speeding patrol car – The Times

Posted May 1st, 2009 in dangerous driving, news, sentencing by sally

“A traffic officer who knocked down and killed a schoolgirl as he drove at 94mph in a 30mph zone — with no blue lights or siren — was jailed for three years today for causing death by dangerous driving.”

Full story

The Times, 1st May 2009

source: www.timesonline.co.uk

Baby P ‘stepfather’ found guilty of raping two-year-old – The Times

Posted May 1st, 2009 in child abuse, news, rape by sally

“The boyfriend of Baby P’s mother has been found guilty of raping a two year-old girl. The 32-year-old man was found guilty of the rape of the young girl after a 10-day trial at the Old Bailey. In the same trial, Baby Peter’s mother was cleared of failing to prevent the attack.”

Full story

The Times, 1st May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 1st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Y (Sri Lanka) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 362 (29 April 2009)

R (A Child), Re [2009] EWCA Civ 358 (29 April 2009)

Sharab v Al-Saud [2009] EWCA Civ 353 (30 April 2009)

JS (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 364 (30 April 2009)

RK (Nepal)), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 359 (30 April 2009)

Lemas & Anor v Williams [2009] EWCA Civ 360 (30 April 2009)

High Court (Chancery Division)

Durham Tees Valley Airport Ltd v Bmi Baby Ltd & Anor [2009] EWHC 852 (Ch) (30 April 2009)

High Court (Administrative Court)

Culkin v Wirral Independent Appeal Panel [2009] EWHC 868 (Admin) (29 April 2009)

Secretary of State for the Home Department v AV [2009] EWHC 902 (Admin) (30 April 2009)

High Court (Queen’s Bench Division)

Quinton v Peirce & Anor [2009] EWHC 912 (QB) (30 April 2009)

High Court (Family Division)

Hashem v Shayif & Anor [2009] EWHC 864 (Fam) (17 April 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted May 1st, 2009 in legislation by sally

The Private Security Industry Act 2001 (Commencement No.2) (Northern Ireland) Order 2009

The Armed Forces (Discharge and Transfer to the Reserve Forces) Regulations 2009

The Charitable Institutions (Fund-Raising) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

R (M) v East Sussex County Council – WLR Daily

Posted May 1st, 2009 in law reports, special educational needs by sally

R (M) v East Sussex County Council; [2009] WLR(D) 141

“The failure by a local education authority to amend a child’s statement of special educational needs during the year of the child’s transfer between phases of schooling, and to name and specify the type of school, was a breach of its obligations under s 324 of the 1996 Act and reg 19 of the 2001 Regulations.”

WLR Daily, 30th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.