New police anti-terror powers could be unlawful, say MPs – The Independent

“Intrusive anti-terrorism powers that give police the right to detain travellers for up to six hours without suspicion, as well as download data from their phones and laptops, are unlawful, a group of MPs has warned.”

Full story

The Independent, 11th October 2013

Source: www.independent.co.uk

Schedule 7 powers too intrusive, says committee – The Guardian

“Stop and search powers at ports and airports – used to detain the partner of the Guardian journalist Glenn Greenwald for nine hours during the summer – are too intrusive, according to a parliamentary committee.”

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The Guardian, 11th October 2013

Source: www.guardian.co.uk

Human Rights Act must stay, says CPS director Keir Starmer – The Independent

“Repealing the Human Rights Act would be ‘retrograde step’ that would hurt the victims of crime and witnesses alike, the outgoing director of the Crown Prosecution Service (CPS) has warned.”

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The Independent, 13th September 2013

Source: www.independent.co.uk

GCHQ accused of monitoring privileged emails between lawyers and clients – The Guardian

“GCHQ is probably intercepting legally privileged communications between lawyers and their clients, according to a detailed claim filed on behalf of eight Libyans involved in politically sensitive compensation battles with the UK.”

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The Guardian, 13th October 2013

Source: www.guardian.co.uk

Human rights attacked again – the thorny issue of ‘just satisfaction’ – Legal Week

Posted October 11th, 2013 in human rights, judiciary, news, treaties by sally

The attack on human rights protection is relentless. The Daily Mail and The Telegraph this week reported that judges in Strasbourg have handed criminals taxpayer-funded payouts of £4.4m – an average of £22,000 a head. Recipients since 1998 include the traitor George Blake, extremist cleric Abu Qatada and the IRA killer dubbed Mrs Doubtfire.

Full story

Legal Week, 10th October 2013

Source: www.legalweek.com

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly – WLR Daily

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly [2013] UKSC 61; [2013] WLR (D) 374

“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

Do you have a Right to Rent? – NearlyLegal

Posted October 11th, 2013 in bills, housing, human rights, immigration, landlord & tenant, news by sally

“The Government has today published the Immigration Bill in the Commons. We have previously commented on this planned bill and we had been hoping that it might be quietly shelved or downgraded. However that appears not to be the case. From our point of view we are only interested in the housing related provisions in Chapter 1 of Part 3 (which start here) and I am not going to discuss the rest of the Bill.”

Full story

NearlyLegal, 10th October 2013

Source: www.nearlylegal.co.uk

HMP Blundeston inmate in human rights bid to keep jail open – BBC News

Posted October 11th, 2013 in human rights, news, prisons, rehabilitation by sally

“Closing a Suffolk prison will breach an inmate’s human rights, lawyers have told the government.”

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BBC News, 10th October 2013

Source: www.bbc.co.uk

Deportation of foreign criminals: the new immigration rules are a “complete code” – UK Human Rights Blog

Posted October 10th, 2013 in appeals, deportation, human rights, immigration, news, regulations, tribunals by tracey

“MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192. In what circumstances can a foreign criminal resist deportation on the basis of his right to family life under Article 8 of the Convention? Until 2012 this question was governed entirely by judge-made case law. Then rules 398, 399 and 399A were introduced into the Immigration Rules HC 395.”

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UK Human Rights Blog, 9th October 2013

Source: www.ukhumanrightsblog.com

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Victim suing police for taking too long to arrive – Daily Telegraph

“A crime victim who was beaten almost to death by a baseball bat-wielding gang of thugs is fighting a landmark battle for compensation from Humberside police.”

Full story

Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Britain pays out millions to criminals after losing 202 human rights cases since 1998 – The Independent

“Britain has had to pay out £4.4 million in taxpayers’ money as a result of losing 202 cases at the European Court of Human Rights (ECHR) in Strasbourg since 1998, figures from the House of Commons reveal.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

Can DNA Sample Requests Be a Breach of the ECHR? – Criminal Law and Justice Weekly

“Is requiring a convicted person to come in to give a DNA sample a breach of the ECHR? Michael Zander considers the first case to look at the question.”

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Criminal Law and Justice Weekly, 5th October 2013

Source: www.criminallawandjustice.co.uk

Anthony Bradley: A Review of Jack Straw’s Hamlyn Lectures: Aspects of Law Reform: An Insider’s Perspective – UK Constitutional Law Group

“As the lecturer disarmingly tells us at the outset of the Hamlyn Lectures for 2012, the illustrious procession of Hamlyn lecturers since 1949 (Lord Denning) through to 2011 (Jeremy Waldron) has ‘without exception’ comprised ‘lawyers distinguished by their practice, their academic study or both’. Jack Straw is an exception. Since an LLB at Leeds and two years at the criminal bar, he has made his career in politics – holding glittering ministerial office, throughout the Blair-Brown years, as Home Secretary, Foreign Secretary, leader of the Commons, and Lord Chancellor.”

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UK Constitutional Law Group, 7th October 2013

Source: www.ukconstitutionallaw.org

GCHQ faces legal challenge in European court over online privacy – The Guardian

Posted October 4th, 2013 in human rights, intelligence services, internet, news, privacy by sally

“The UK spy agency GCHQ is facing a legal challenge in the European courts over claims that its mass online surveillance programmes have breached the privacy of tens of millions of people across the UK and Europe.”

Full story

The Guardian, 3rd October 2013

Source: www.guardian.co.uk

Challenging adoption order using human rights – UK Human Rights Blog

Posted October 3rd, 2013 in adoption, appeals, human rights, news, placement orders by sally

“The recently released statistics from the Department for Education showing an increase of 15% in the adoption of looked after children in the last year further highlights the government’s preferred strategy for ensuring the welfare of children in care.”

Full story

UK Human Rights Blog, 2nd October 2013

Source: www.ukhumanrightsblog.com

Terror suspect in new human rights bid to Strasbourg – Daily Telegraph

Posted October 3rd, 2013 in appeals, control orders, EC law, human rights, news, terrorism by sally

“European human rights judges have told ministers to justify the use of a ‘control order’ against a suspect MI5 believe to be linked with a Libyan terrorist group, in a move which raises new questions about Strasbourg’s influence over British justice.”

Full story

Daily Telegraph, 1st October 2013

Source: www.telegraph.co.uk

Tory ECHR Withdrawal, Prisoner Cold Turkey & Niqabs Again – The Human Rights Roundup – UK Human Rights Blog

Posted October 2nd, 2013 in court dress, human rights, Islam, news, prisons, smoking, women by tracey

“This week the Conservative Party Conference is likely to generate human rights headlines. Meanwhile, previous controversies still bubble away. Chris Grayling, taking a break from legal aid cuts, offered his opinion on the Europe debate. Meanwhile, others considered the role of transparency, demeanour, religious freedom and niqabs in the courts, and, with the proposed smoking ban in prisons, smokers may have found another reason not to break the law.”

Full story

UK Human Rights Blog, 29th September 2013

Source: www.ukhumanrightsblog.com

And another one… – Nearly Legal

“Another bedroom tax judicial review has just been issued.”

Full story

Nearly Legal 30th September 2013

Source: www.nearlylegal.co.uk/blog/

When adoption without parental consent breaches human rights – UK Human Rights Blog

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

Full story

UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com