Keir Starmer: terrorists could escape prosecution without ‘snoopers’ charter’ – Daily Telegraph

“There is a ‘real risk’ that terrorists could avoid prosecution if proposed internet monitoring powers are abandoned, the country’s top prosecutor has said.”

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Daily Telegraph, 11th June 2013

Source: www.telegraph.co.uk

Copyright law changes outlined by the Government – OUT-LAW.com

Posted June 10th, 2013 in bills, consultations, copyright, intellectual property, news by sally

“Media outlets will have a new right to make limited use of quotes published by rival news organisations under changes to copyright law proposed by the Government.”

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OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Helen Fenwick: Article 8 ECHR, the ‘Feminist Article’, Women and a Conservative Bill of Rights – UK Constitutional Law Group

Posted June 6th, 2013 in bills, courts, families, human rights, news, reports, women by sally

“There has been a lot of commentary on the Report of the Bill of Rights’ Commission, and the ‘damp squib’ analysis of the Report (see Mark Elliott) as a whole is one most commentators appear to assent to (see eg Joshua Rozenberg for the Guardian here). My view in general is that the squib could reignite post-2015 if a Conservative government is elected, not in relation to the very hesitant ideas as to the possible future content of a Bill of Rights that the Report put forward, but in relation to its majority recommendation that there should be one (see further my previous post on the Commission Report here). If a BoR was to emerge under a Conservative government post-2015 I suggest that it would reflect the ideas of the Conservative nominees on the Commission which assumed a far more concrete form in the Report than the majority recommendations did (eg see here at p 192). This blog post due to its length is not intended to examine the probable nature of such a BoR based on those ideas in general, but to focus only on two aspects: the idea of curtailing the effects of an equivalent to Article 8 ECHR (right to respect for private and family life), and of requiring domestic courts to disapply Strasbourg jurisprudence under a BoR in a wider range of situations than at present under s2HRA (see Roger Masterman’s post on s2 on this blog here). In respect of the latter issue the potential impact of so doing will only be linked to selected aspects of Article 8 jurisprudence of especial actual and potential benefit to women.”

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UK Constitutional Law Group, 5th June 2013

Source: www.ukconstitutionallaw.org

The Revised Public Law Outline …. and this time they mean it – Family Law Week

“Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.”

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Family Law Week, 4th June 2013

Source: www.familylawweek.co.uk

The truth about gay marriage: legally there is nothing to be gained – Halsbury’s Law Exchange

“The law pertaining to same-sex relationships has come a long way. Until the Sexual Offences Act 1967, homosexual relationships were illegal. Until the Civil Partnership Act 2004, there was no way of formalising a homosexual relationship. The debate has now moved to the more intricate matters surrounding the nature of that formalisation, with many people now campaigning for a law which would allow gay marriage.”

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Halsbury’s Law Exchange, 4th June 2013

Source: www.halsburyslawexchange.co.uk

‘New law needed’ after collapse of care home neglect case – BBC News

Posted June 4th, 2013 in bills, care homes, elderly, negligence, news by sally

“The collapse of Britain’s biggest investigation into elderly care home neglect has prompted calls for a reform of the law.”

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BBC News, 4th June 2013

Source: www.bbc.co.uk

Leading internet companies warn Government of ‘harmful consequences’ of ‘snooper’ laws – OUT-LAW.com

Posted June 3rd, 2013 in bills, intelligence services, internet, investigatory powers, news, privacy by sally

“Five leading internet companies have warned the Government about the ‘potentially seriously harmful consequences’ of creating new laws allowing police and public authorities to monitor electronic communications.”

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OUT-LAW.com, 31st May 2013

Source: www.out-law.com

Only the Innocent Need Apply for Compensation for a Miscarriage of Justice – Criminal Law and Justice Weekly

Posted May 30th, 2013 in bills, compensation, miscarriage of justice, news by sally

“The International Covenant on Civil and Political Rights, art.14(6) requires state parties to compensate those who have suffered ‘a miscarriage of justice’. Although the UK ratified the Covenant in 1976, for more than a decade compensation for miscarriages of justice continued to be paid by the Home Office only on an ex gratia basis. Payment was first put onto a statutory basis in 1988.”

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Criminal Law and Justice Weekly, 1st June 2013

Source: www.criminallawandjustice.co.uk

Surveillance: RIPA and the Communications Data Bill – Panopticon

“The Communications Data Bill, shelved amid political heavy weather, is back on the agenda in the wake of last week’s Woolwich murder. Today for example, Conservative MP and former policing minister Nick Herbert wrote an article in The Times in support of the Bill and responding to those who have called it a ‘snooper’s charter’.”

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Panopticon, 29th May 2013

Source: www.panopticonblog.com

The Intellectual Property Bill – NIPC Law

Posted May 29th, 2013 in bills, intellectual property, news, patents, reports by sally

“In Digital Opportunity, A Review of Intellectual Property and Growth Professor Ian Hargreaves made 10 recommendations for IP policy which I discussed at length in “IP Policy: Does Hargreaves say Anything New?” 24 June 2011. Some of those recommendations required primary legislation. Others did not. As I said in my article, Hargreaves was not the first review of IP policy in recent years and most of the previous ones had been left to gather dust. I suspected the same would happen to Hargreaves.”

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NIPC Law, 28th May 2013

Source: www.nipclaw.blogspot.co.uk

Mobile home residents given better protection – BBC News

Posted May 28th, 2013 in bills, housing, leases, news by sally

“Residents of mobile home parks in England have been given new rights to protect them from rogue site operators.”

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BBC News, 27th May 2013

Source: www.bbc.co.uk

Theresa May lines up new measures to combat terrorism – The Guardian

“Theresa May, the home secretary, has proposed a raft of measures to combat the radicalisation of Muslims, including new controls on the internet and the banning of groups preaching hate.”

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The Guardian, 26th May 2013

Source: www.guardian.co.uk

Closing the loophole: Care services and human rights protection – UK Human Rights Blog

Posted May 23rd, 2013 in bills, care homes, elderly, human rights, news, social services by sally

“Much of the House of Lords debate surrounding yesterday’s Second Reading of the Care and Support Bill focused on seeking solutions to complex issues around the future provision of care. Additionally, as several peers flagged, the Bill also provides a timely opportunity to clarify which bodies have legal obligations to uphold protections under the Human Rights Act. Baroness Campbell noted ‘those who receive their care not from a public authority but from a private body lack the full protection of the Human Rights Act…[This] is a loophole that must be closed.'”

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UK Human Rights Blog, 22nd May 2013

Source: www.ukhumanrightsblog.com

Myths and Realities about Equal Marriage – UK Human Rights Blog

“The Marriage (Same Sex Couples) Bill is back before Parliament today for the ‘Report Stage’. The latest version of the Bill is here, updated explanatory notes here, and the full list of proposed amendments here. Predictably, the amendments are the focus of much controversy.”

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UK Human Rights Blog, 20th May 2013

Source: www.ukhumanrightsblog.com

New Asbo laws could infringe freedom, think tank warns – Daily Telegraph

Posted May 20th, 2013 in anti-social behaviour, bills, news, police, proportionality by sally

“New laws to curb anti-social behaviour could be used by councils to interfere with law abiding citizens, a think tank has warned.”

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Daily Telegraph, 19th May 2013

Source: www.telegraph.co.uk

Gay marriage: Review of civil partnerships possible but not until 2019 – BBC News

Posted May 17th, 2013 in bills, civil partnerships, homosexuality, marriage, news by sally

“Ministers have said they are prepared to review whether civil partnerships should be extended to heterosexual couples but not until 2019.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

‘Death contracts’ could give terminally ill the right to die – The Independent

Posted May 17th, 2013 in assisted suicide, bills, news by sally

“Terminally ill people could sign a ‘death contract’ allowing doctors to help them end their lives under new legal proposals.”

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The Independent, 16th May 2013

Source: www.independent.co.uk

Assisted suicide should be regulated by courts, senior judges told – The Guardian

Posted May 14th, 2013 in assisted suicide, bills, defences, news by sally

“Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Employment tribunal to lose power to make wider recommendations in discrimination cases – OUT-LAW.com

“The Government is to remove the Employment Tribunal’s power to make recommendations to employers that go beyond the specifics of a particular discrimination claim, it has announced.”

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OUT-LAW.com, 10th May 2013

Source: www.out-law.com

NHS ‘cover-up culture’ to be tackled with fines – The Guardian

“Hospitals that give false information about death rates will face unlimited fines under new powers aimed at preventing another Mid-Staffordshire-style health scandal.”

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The Guardian, 10th May 2013

Source: www.guardian.co.uk