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 sally

“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.”

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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.”

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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.”

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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.”

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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 sally

“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.”

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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.”

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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.”

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UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

Theresa May: Deport foreign criminals before appeal – BBC News

Posted October 1st, 2013 in appeals, deportation, human rights, legislation, news, political parties by sally

“Theresa May has promised the government will ‘deport foreign criminals first, then hear their appeals’.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Roger Masterman: A Tale of Competing Supremacies – UK Constitutional Law Group

“In a recent interview in The Spectator, Lord Chancellor and Secretary of State for Justice, Chris Grayling MP, was given another opportunity to recite the now characteristic Tory Siren call relating to the European Convention on Human Rights and the Strasbourg court.”

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UK Constitutional Law Group, 30th September 2013

Source: www.ukconstitutionallaw.org

Judges ‘on side of foreign criminals’ says Theresa May as Tories repeat threat to quit human rights convention – The Independent

“Home Secretary said she would end ‘abuse’ of article 8, which protects right to family life.”

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The Independent, 30th September 2013

Source: www.independent.co.uk

Alison L. Young: Prisoner Voting: Human or Constitutional Right? – UK Constitutional Law Group

Posted September 30th, 2013 in bills, elections, human rights, interpretation, jurisdiction, news, prisons, select committees by sally

“As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act 1983, which removed the franchise from prisoners, was a disproportionate restriction of the right to vote found in article 3 of the First Protocol to the European Convention on Human Rights. After two consultation papers, further judgments from the European Court of Human Rights, a declaration of incompatibility from the Scottish courts, a series of criticisms from the Committee of Ministers of the Council of Europe and the Joint Committee of Human Rights, a change of Government and a House of Commons debate, the Voting Eligibility (Prisoners) Draft Bill was proposed and is currently being scrutinised by a Joint Select Committee. To add to the mix, we are awaiting judgment on the latest discussion of the issue by the UK Supreme Court, in R (Chester) v Secretary of State for Justice and McGeogh v Lord President of the Council, heard on 10 June, not to mention the adjourned case of Firth v United Kingdom.”

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UK Constitutional Law Group, 27th September 2013

Source: www.ukconstitutionallaw.org

General Medical Council too late with child sex abuse complaint, rules High Court – UK Human Rights Blog

“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”

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UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Foreign suspect accused of double murder delays extradition with human rights appeal – Daily Telegraph

“An alleged double gang murderer wanted for trial in eastern Europe has stalled his extradition for two years over his ‘human rights’, it can be disclosed.”

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Daily Telegraph, 28th September 2013

Source: www.telegraph.co.uk

Attacker’s sentence increased over deportation fear – Daily Telegraph

Posted September 30th, 2013 in deportation, grievous bodily harm, human rights, news, sentencing by sally

“Senior judges have increased the sentence handed to a violent foreign criminal because of the risk he would be freed from jail before the government could organise his deportation from Britain.”

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Daily Telegraph, 27th September 2013

Source: www.telegraph.co.uk