Category: evidence

Taking stock after Abu Qatada: Assurances, secret detention and evidence in closed proceedings – UK Human Rights Blog

Posted June 25th, 2012 in appeals, closed material, deportation, detention, evidence, human rights, immigration, news by sally

“The Court of Appeal recently issued its judgment in XX v Secretary of State for the Home Department [2012] EWCA Civ 742, an appeal from a decision of the Special Immigration Appeals Commission (‘SIAC’) upholding the Secretary of State’s decision to deport an Ethiopian national on grounds of national security.”

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UK Human Rights Blog, 24th June 2012

Source: www.ukhumanrightsblog.com

Badger cull ‘not legal or scientific’, high court will hear – The Guardian

Posted June 25th, 2012 in animals, environmental protection, evidence, judicial review, lobbying, news by sally

“The bitter battle over the government’s plan to kill thousands of badgers reaches the high court on Monday, when the Badger Trust will tell a judicial review that the action is neither legal nor scientifically justified.”

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The Guardian, 25th June 2012

Source: www.guardian.co.uk

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) – WLR Daily

Posted June 20th, 2012 in appeals, deportation, evidence, human rights, law reports, terrorism, torture by sally

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) [2012] EWCA Civ 742; [2012] WLR (D) 177

“The rule on the exclusion of evidence obtained by torture was exceptional. It was not an abuse of process to admit evidence from security service officers obtained in secret detention facilities.”

WLR Daily, 15th June 2012

Source: www.iclr.co.uk

Trial begins of police officer accused of killing Ian Tomlinson – The Guardian

Posted June 18th, 2012 in demonstrations, evidence, homicide, news, police, trials, video recordings by sally

“The trial has begun of Simon Harwood, the police constable accused of killing Ian Tomlinson, who died shortly after he collapsed amid a major Metropolitan police operation around the G20 summit in London in April 2009.”

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The Guardian, 18th June 2012

Source: www.guardian.co.uk

Met police pays damages to phone-hacking solicitor accused of lying – The Guardian

Posted June 15th, 2012 in compensation, defamation, evidence, interception, news, police by sally

“The solicitor who spearheaded the campaign to bring Scotland Yard’s failings over phone hacking to light has accepted damages from police after false claims that he gave dishonest evidence to a parliamentary inquiry.”

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The Guardian, 14th June 2012

Source: www.guardian.co.uk

July 21 failed suicide bombers fight conviction – Daily Telegraph

Posted June 12th, 2012 in appeals, evidence, human rights, legal representation, news, terrorism by sally

“Three of the July 21 failed suicide bombers are using the European Court of Human Rights to try and overturn their convictions, The Daily Telegraph can disclose.”

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Daily Telegraph, 12th June 2012

Source: www.telegraph.co.uk

Trimingham case is an example of value judgments obscuring legal ones – The Guardian

Posted May 29th, 2012 in evidence, freedom of expression, harassment, homosexuality, media, news, privacy by tracey

“While the judge’s reasons for finding against Trimingham are clear, the conclusions to be drawn for future harassment cases against the media are not.”

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The Guardian, 28th May 2012

Source: www.guardian.co.uk

Police denied TV footage of Dale Farm evictions – UK Human Rights Blog

Posted May 24th, 2012 in disclosure, evidence, freedom of expression, media, news, police, travellers by sally

“The police failed to satisfy the court that their need for footage taken by TV organisations was likely to be of substantial value to criminal investigations and therefore would be a justified interference with the rights of a free press under Article 10 of the Human Rights Convention.”

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UK Human Rights Blog, 24th May 2012

Source: www.ukhumanrightsblog.com

Data extracted from suspects’ mobiles retained in accordance with strict privacy guidelines, The Met says – OUT-LAW.com

Posted May 22nd, 2012 in data protection, evidence, news, police, privacy, telecommunications by sally

“Information collected from suspects’ mobile phones using new data extraction technology is retained in accordance with strict guidelines that protect individuals’ privacy, the Metropolitan Police Service (The Met) has said.”

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OUT-LAW.com, 22nd May 2012

Source: www.out-law.com

Daniel Morgan report cites police and prosecution flaws – BBC News

Posted May 21st, 2012 in disclosure, evidence, informers, inquiries, murder, news, police, prosecutions, witnesses by sally

“The collapse of a trial of three men charged with committing one of Britain’s most notorious unsolved murders has been blamed on failures by police and prosecution.”

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BBC News, 21st May 2012

Source: www.bbc.co.uk

Dale Farm ruling hailed as a victory for press freedom – The Guardian

Posted May 17th, 2012 in disclosure, evidence, freedom of expression, media, news, travellers by sally

“News broadcasters have hailed the high court ruling that they should not disclose hours of footage of the Dale Farm eviction to police as a landmark victory for press freedom.”

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The Guardian, 17th May 2012

Source: www.guardian.co.uk

Sam Hallam murder conviction officially quashed – The Guardian

Posted May 17th, 2012 in appeals, evidence, miscarriage of justice, murder, news, police by sally

“A young man who spent more than seven years in jail for a murder he insists he did not commit has had his conviction quashed by judges.”

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The Guardian, 17th May 2012

Source: www.guardian.co.uk

Media organisations win legal fight over Dale Farm footage – BBC News

Posted May 17th, 2012 in disclosure, evidence, media, news, police, repossession, travellers by sally

“Media organisations have won a High Court battle over police orders to hand over film of the evictions from the traveller site at Dale Farm in Essex.”

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BBC News, 17th May 2012

Source: www.bbc.co.uk

Sam Hallam to appeal against murder conviction – The Guardian

Posted May 16th, 2012 in appeals, Criminal Cases Review Commission, evidence, murder, news by tracey

“A young man convicted of murder will take his case to the court of appeal on Wednesday after new evidence emerged raising doubts over key parts of the prosecution case against him.”

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The Guardian, 16th May 2012

Source: www.guardian.co.uk

Neilly v The Queen – WLR Daily

Posted May 14th, 2012 in admissibility, appeals, evidence, identification, judges, law reports, trials, witnesses by sally

Neilly v The Queen [2012] UKPC 12; [2012] WLR (D) 144

“When a defendant in a criminal trial had not been put on an identification parade, the decision as to whether to allow a dock identification was a matter for the trial judge in the light of all the relevant circumstances. However where a dock identification was admitted in evidence the trial judge was required to give the jury careful directions as to the dangers of relying on that evidence, and to warn the jury of the disadvantages to the defendant of having been denied the opportunity of participating in an identification parade.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 4th, 2012 in evidence, expert witnesses, news, torture by tracey

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

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Source: www.ukhumanrightsblog.com

Extradition: where and why? – Halsbury’s Law Exchange

Posted May 3rd, 2012 in evidence, extradition, jurisdiction, news by sally

“The past few months have seen a great many column inches dedicated to the issue of extradition. The dismissal of the extradition challenges by Abu Hamza and others has led to many commentators heaping praise on the ECtHR for making the correct choice in granting the extradition of these men to the US. The attempt by the Home Secretary to deport Abu Qatada to Jordan continues to stimulate debate and raise erudite procedural issues.”

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Halsbury’s Law Exchange, 2nd May 2012

Source: www.halsburyslawexchange.co.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 3rd, 2012 in appeals, asylum, evidence, expert witnesses, news, reports, torture by sally

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

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UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same – WLR Daily

Posted May 1st, 2012 in data protection, evidence, harassment, human rights, law reports, notification, police by sally

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same [2012] EWHC 1115 (Admin); [2012] WLR (D) 126

“The decision of the Commissioner of the Police of the Metropolis to issue and serve warning notices to those who had been accused of harassment or stalking by means of a Prevention of Harassment Letter or a Police Information Notice, and the retention of the documents or the underlying allegations in police records thereafter, could not give rise to any infringement of the subject’s rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or under the terms of the Data Protection Act 1998 and the associated principles.”

WLR Daily, 27th April 2012

Source: www.iclr.co.uk

A significant case in the family courts – LB Islington v Al Alas and Wray – Garden Court Family Law Blog

Posted April 23rd, 2012 in causing death of children or vulnerable adults, evidence, families, family courts, inquests, local government, news by sally

“The recent case of LB Islington v Al Alas and Wray, (where I was led by Ian Peddie QC [also of Garden Court Chambers] in representing the father, Rohan Wray) should have some pretty significant implications in cases involving alleged non-accidental injuries.”

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Garden Court Family Law Blog, 23rd April 2012

Source: www.gcfamily.wordpress.com