Month: December 2007

Regina v Mohammed; Regina v Osman

Court of Appeal Criminal Division  

“When refugees arrived in the United Kingdom without documents or using false ones, a compromise had to be maintained between legislative control over entry, with arrangements reflecting the stark realities faced by refugees with genuine claims, taking account of refugees with bogus claims. “ 

The Times, 17th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“A breach of the requirement, under art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, that criminal charges against an accused should be determined within a reasonable time did not give rise to a continuing breach which could not be cured save by a discontinuation of proceedings and, consequently, the Lord Advocate did not act incompatibly with a person’s Convention right by continuing to prosecute him after such a breach had occurred.”

Spiers (Procurator Fiscal) v Ruddy [2007] UKPC D2

WLR Daily, 13th December 2007

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.

“The detention without trial by British forces of persons in Iraq pursuant to the legal regime established by UN Security Council Resolution 1546 as being necessary for imperative reasons of security was attributable to the United Kingdom rather than the United Nations but was not contrary to the detainee’s right to liberty under art 5(1) of the European Convention on Human Rights because the obligation to carry out Security Council resolutions prevailed over all other international agreements including the Convention.” 

 R (Al-Jedda) v Secretary of State for Defence (JUSTICE and another intervening) [2007] UKHL 58

WLR Daily, 13th December 2007

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.