Secrecy for torture evidence – analysis – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, closed material, evidence, news, torture, tribunals, witnesses by sally

“As we reported in our summary of the decision earlier, the Supreme Court has confirmed that the Special Immigration Appeals Commission (SIAC) has the power to order that certain witness evidence may be produced in conditions of absolute and irreversible secrecy.”

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UK Human Rights Blog, 8th March 2012

Source: www.ukhumanrightsblog.com

Witness allowed to give secret evidence of torture in Algeria says Supreme Court – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, appeals, closed material, evidence, news, tribunals, witnesses by sally

“The court is entitled to make an order for a witness to give evidence before the Special Immigration Appeals Commission (SIAC) in such a way that the identity of the witness and the substance of the evidence remains confidential.”

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UK Human Rights Blog, 7th March 2012

Source: www.ukhumanrightsblog.com

Regina v B – WLR Daily

Posted March 6th, 2012 in appeals, crime, DNA, evidence, law reports, retrials by sally

Regina v B [2012] WLR (D) 56

“For the purposes of quashing an acquittal on the ground that there was new evidence not adduced before the court in the proceedings in which the person was acquitted, evidence which had been available to be used in those proceedings but had not been used might be new evidence for those purposes.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Department for Education v Molyneux – WLR daily

Posted March 1st, 2012 in appeals, evidence, law reports, medical records, pensions, teachers by tracey

Department for Education v Molyneux: [2012] EWCA Civ 193;  [2012] WLR (D)  50

“Regulations E33(2A) and E33(3) of the Teachers’ Pensions Regulations 1997, as amended, did not impose an obligation on the Secretary of State, when considering an application by a teacher for an early pension due to ill-health, made pursuant to regulation E4(4), to request further information from the teacher where the submitted medical evidence did not disclose the incapacity to the degree required but, rather, imposed an obligation on the teacher to produce all necessary medical evidence, with the Secretary of State holding a supplementary power to exercise as he thought fit.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

The Participation and Involvement of Children in Family Proceedings – Family Law Week

Posted February 29th, 2012 in children, evidence, legal representation, news, trials, witnesses by tracey

“Rachel Langdale QC and James Robottom of 7 Bedford Row consider the jurisprudence and practical realities concerning the participation and involvement of children in proceedings relating to them.”

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Family Law Week, 28th February 2012

Source: www.familylawweek.co.uk

DNA technology finally vindicates rape victim 20 years later – Daily Telegraph

Posted February 29th, 2012 in child abuse, DNA, evidence, news, rape, sentencing, victims by tracey

“A rape victim who was spat at, beaten up and bullied over supposedly false allegations has finally seen her attacker face justice 20 years on thanks to advances in DNA technology.”

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Daily Telegraph, 29th February 2012

Source: www.telegraph.co.uk

Nikitta Grender: Carl Whant guilty of murdering pregnant teenager – BBC News

“A former nightclub bouncer has been convicted of murdering a heavily pregnant teenager two weeks before she was due to give birth.”

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BBC News, 22nd February 2012

Source: www.bbc.co.uk

Does a risk of an explosion engage Article 8? – UK Human Rights Blog

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

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UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

Glenn Mulcaire granted evidence appeal – BBC News

Posted February 15th, 2012 in appeals, evidence, interception, media, news, public interest, Supreme Court by sally

“The Supreme Court has ruled it will decide whether private investigator Glenn Mulcaire must reveal which journalists asked him to hack phones.”

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BBC News, 15th February 2012

Source: www.bbc.co.uk

Stephen Lawrence: papers passed to CPS about potential perjury allegations – The Guardian

Posted February 15th, 2012 in Crown Prosecution Service, evidence, inquiries, murder, news, perjury, police, racism, witnesses by sally

“Detectives and prosecutors are examining whether certain witnesses at the Stephen Lawrence murder trial may have perjured themselves while giving evidence, the Crown Prosecution Service has confirmed.”

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The Guardian, 14th February 2012

Source: www.guardian.co.uk

Abu Qatada in court seeking bail – The Guardian

Posted February 6th, 2012 in deportation, evidence, human rights, news, terrorism, torture by sally

“A radical Muslim cleric described as a grave threat to Britain’s national security could walk free on Monday.”

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The Guardian, 6th February 2012

Source: www.guardian.co.uk

Judge calls for law change over deathbed wills – Daily Telegraph

Posted February 1st, 2012 in evidence, news, wills, witnesses by sally

“A judge has called for a change in the law on deathbed wills after an eight-year legal wrangle over whether a dying man’s sister offered him a ‘steadying hand’ as he signed all his possessions over to her.”

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Daily Telegraph, 31st January 2012

Source: www.telegraph.co.uk

Stephen Lawrence killers to launch appeal – BBC News

Posted January 30th, 2012 in appeals, evidence, murder, news, video recordings by sally

“David Norris and Gary Dobson are to appeal against their convictions for the racist murder of teenager Stephen Lawrence in south-east London in 1993.”

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BBC News, 30th January 2012

Source: www.bbc.co.uk

Government warned over secret hearings – The Guardian

Posted January 25th, 2012 in closed material, evidence, human rights, intelligence services, news, trials by sally

“The expansion of secret hearings into the civil courts, proposed by the government as a means of protecting national security, will deprive individuals of the right to a fair trial, a parliamentary select committee has been warned.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

R (Associated Newspapers) v Lord Justice Leveson: Challenge to Anonymity Ruling Dismissed – UK Human Rights Blog

Posted January 23rd, 2012 in anonymity, evidence, inquiries, judicial review, media, news, privacy by sally

“On Friday 20 January 2012 the Administrative Court dismissed the second application for judicial review of the Leveson Inquiry. The Court dismissed an application by Associated Newspapers (supported by the Daily Telegraph) to quash the decision of the Chairman, Lord Justice Leveson. decision to admit evidence from journalists who wish to remain anonymous on the ground that they fear career blight if they identify themselves.”

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UK Human Rights Blog, 22nd January 2012

Source: www.ukhumanrightsblog.com

Supergrass convictions face legal challenges – The Guardian

Posted January 23rd, 2012 in evidence, informers, news by sally

“A series of supergrass convictions are being investigated for possible legal challenges amid growing concern over the safety of using such criminal witnesses and the millions of pounds spent to cultivate them.”

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The Guardian, 22nd January 2012

Source: www.guardian.co.uk

Daily Mail publisher loses challenge to Leveson inquiry anonymity ruling – The Guardian

Posted January 20th, 2012 in anonymity, evidence, inquiries, media, news, privacy by tracey

“The Daily Mail publisher, Associated Newspapers, has lost its high court challenge to the Leveson inquiry over anonymous evidence from journalists. On Friday the high court ruled that it would not grant a judicial review to Associated Newspapers in a bid to stop the Leveson inquiry accepting anonymous submissions from journalists. The application was supported by Telegraph Media Group.”

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The Guardian, 20th January 2012

Source: www.guardian.co.uk

No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins – UK Human Rights Blog

Posted January 19th, 2012 in deportation, evidence, human rights, news, torture by sally

“On 17 January 2012 the European Court of Human Rights (ECtHR) handed down its judgment in Othman (Abu Qatada) v UK. In a unanimous ruling the Court held that the UK could not lawfully deport Abu Qatada to his native Jordan, overturning the House of Lords (who had unanimously come to the opposite conclusion in RB (Algeria) v Secretary of State for the Home Department [2009] UKHL 10, [2010] 2 AC 110).”

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UK Human Rights Blog, 19th January 2012

Source: www.ukhumanrightsblog.com

Regina v Clinton; Regina v Parker; Regina v Evans – WLR Daily

Posted January 19th, 2012 in appeals, defences, evidence, law reports, provocation by sally

Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2

“For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. Nevertheless, where an admissible trigger might be present, the evidence relating to sexual infidelity might arise for consideration as part of the context in which to evaluate that trigger and whether the statutory ingredients required of the qualifying trigger might be established.”

WLR Daily, 17th January 2012

Source: www.iclr.co.uk

Suspected terrorist may not be deported to Jordan – Strasbourg rules – UK Human Rights Blog

Posted January 17th, 2012 in deportation, evidence, human rights, news, terrorism, torture by sally

“The Strasbourg Court has ruled today that whilst diplomatic assurances may protect a suspected terrorist from torture, he cannot be deported to Jordan while there remains a real risk that evidence obtained by torture will be used against him.”

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UK Human Rights Blog, 17th January 2012

Source: www.ukhumanrightsblog.com