“Convicted sex offenders, including paedophiles and rapists, have been secretly from the Sex Offenders’ Register, it has been revealed.”
Daily Telegraph, 7th May 2013
Source: www.telegraph.co.uk
“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”
WLR Daily, 25th April 2013
Source: www.iclr.co.uk
“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
“In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal ‘broke new ground’ by considering how Article 8 applied to the stage at which possession orders are enforced.”
NearlyLegal, 1st May 2013
Source: www.nearlylegal.co.uk
“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”
Panopticon, 30th April 2013
Source: www.panopticonblog.com
“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”
UK Human Rights Blog, 28th April 2013
Source: www.ukhumanrightsblog.com
“A judge’s decision to allow a convicted drug dealer who abandoned his children
the right to stay in Britain over his ‘human rights’ is at the centre of
mounting political protest.”
Daily Telegraph, 27th April 2013
Source: www.telegraph.co.uk
“In Animal Defenders International, the European Court of Human Rights upheld the British ban on political advertising in the broadcast media (s.321 Communications Act 2003), consistently with the judgments of the UK House of Lords and High Court, but in an apparent departure from its previous caselaw in the VgT (Verein gegen Tierfabrik v. Switzerland, no. 24699/94 ECHR 2001‑VI) case. The key issue in the case was whether a blanket ban (or ‘general measure’) was a proportionate restriction of the freedom of expression, or whether some class of exception (a ‘case-by-case’ approach) for groups such as the NGO in this case ought to be recognized.”
UK Constitutional Law Group, 25th April 2013
Source: www.ukconstitutionallaw.org/blog
“A teenager has won a High Court victory over the Home Secretary Theresa May’s policy of treating 17-year-olds taken into custody as adults – depriving them of protections offered to those aged 16 and under.”
The Independent, 25th April 2013
Source: www.independent.co.uk
“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”
Criminal Law and Justice Weekly, 20th April 2013
Source: www.criminallawandjustice.co.uk
“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”
LegalVoice, 24th April 2013
Source: www.legalvoice.org.uk
“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”
The Guardian, 24th April 2013
Source: www.guardian.co.uk
“In what was a profoundly sad day for democracy, on 22 April 2013 the European Court of Human Rights found in favour of the UK government in a landmark test case concerning a TV advertisement produced by ADI in 2005, and subsequently banned under the Communications Act 2003.”
UK Human Rights Blog, 23rd April 2013
Source: www.ukhumanrightsblog.com
“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”
Daily Telegraph, 23rd April 2013
Source: www.telegraph.co.uk
“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”
Daily Telegraph, 22nd April 2013
Source: www.telegraph.co.uk
“The court’s decision turned on the judges’ assessment of what restrictions are necessary in a democratic society.”
The Guardian, 22nd April 2013
Source: www.guardian.co.uk
“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”
The Independent, 22nd April 2013
Source: www.independent.co.uk
“The European Court of Human Rights has given its decision in Animal Defenders International , holding that the ban on political advertising on the broadcast media does not violate Article 10. I had been convinced that the Strasbourg Court, following earlier decisions in Switzerland and Norway, would come to the opposite conclusion – but I am relieved that they did not. The ban on political ads has been a crucial measure that has helped to keep the cost of politics down in the UK. That said, it was a close shave. The ban was upheld by a majority of 9, with 8 dissenting. The decision was published earlier this morning, so what follows are my initial thoughts.”
UK Constitutional Law Group, 22nd April 2013
Source: www.ukconstitutionallaw.org
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