Can Britain “ignore Europe on human rights”? – UK Human Rights Blog

Posted October 24th, 2011 in constitutional law, human rights, judiciary, news by sally

“Headlines are important. They catch the eye and can be the only reason a person decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times’ front page headline was ‘Britain can ignore Europe on human rights: top judge’.”

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UK Human Rights Blog, 23rd October 2011

Source: www.ukhumanrightsblog.com

Legal aid: the right to a fair trial – Halsbury’s Law Exchange

Posted October 21st, 2011 in bills, human rights, legal aid, news, trials by sally

“Under the European Convention on Human Rights (ECHR), Art 6 ‘Right to a fair trial’, ‘equality of arms’ is implicitly granted in respect of both criminal charges and civil rights and obligations. By ensuring the entitlement of a ‘fair and public hearing’, it is presumed that legal aid funding will be afforded to those individuals who would suffer injustice otherwise.”

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Halsbury’s Law Exchange, 19th October 2011

Source: www.halsburyslawexchange.co.uk

Sound judgments – Daily Telegraph

Posted October 21st, 2011 in freedom of expression, human rights, judges, media, news, sentencing, violent disorder by tracey

“Recent pronouncements by Lord Judge, the Lord Chief Justice, have been momentous, particularly his statements about the Human Rights Act.”

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Daily Telegraph, 20th October 2011

Source: www.telegraph.co.uk

Courts need not be bound by Europe, says top judge – Daily Telegraph

Posted October 20th, 2011 in human rights, judges, judgments, news, precedent by tracey

“Lord Judge, the Lord Chief Justice, said the UK need only ‘take account’ of the decisions of the European Court of Human Rights but not necessarily follow it.”

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Daily Telegraph, 20th october 2011

Source: www.telegraph.co.uk

Home secretary should lose power to meddle in extradition cases, panel says – The Guardian

Posted October 19th, 2011 in extradition, human rights, inquiries, ministers' powers and duties, news by sally

“The home secretary should lose the power to intervene on human rights grounds in extradition cases, an official judge-led inquiry has recommended.”

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The Guardian, 18th October 2011

Source: www.guardian.co.uk

Home Office policy on forced marriage violates Article 8 family life – UK Human Rights Blog

Posted October 14th, 2011 in forced marriages, human rights, news, visas by tracey

“The Supreme Court has ruled that the Home Secretary’s refusal to grant visas to non-resident spouses under a certain age breached their right to family life under Article 8 of the Convention. A strong dissent from Lord Brown touches on the raw nerve of judicial competence and the role of Article 8 in policy making.”

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UK Human Rights Blog, 13th October 2011

Source: http://ukhumanrightsblog.com

National security concerns do trump human rights, sometimes – UK Human Rights Blog

Posted October 14th, 2011 in control orders, human rights, news, sexual offences prevention orders by tracey

“The Home Secretary Theresa May was lambasted last week for an inaccurate reference to cats, but the more general view expressed by her and most of the media that the Human Rights Act is routinely getting in the way of national security interests is also arguably misleading.”

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UK Human Rights Blog, 12th October 2011

Source: http://ukhumanrightsblog.com

The forced marriage law was simply symbolic – The Guardian

Posted October 13th, 2011 in forced marriages, human rights, immigration, news by tracey

“With good reason, the supreme court has declared unlawful a ban on under-21-year-old spouses coming to the UK.”

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The Guardian, 13th October 2011

Source: www.guardian.co.uk

Regina (Aguilar Quila and another) v Secretary of State for the Home Department (AIRE Centre and others intervening) Regina (Bibi and another) v Same (Same intervening) – WLR Daily

Posted October 13th, 2011 in human rights, immigration, law reports, marriage, Supreme Court by tracey

Regina (Aguilar Quila and another) v Secretary of State for the Home Department (AIRE Centre and others intervening) Regina (Bibi and another) v Same (Same intervening) [2011] UKSC 45; [2011] WLR (D) 291

“An immigration rule designed to deter forced marriages, which prevented the granting of leave to enter or remain in the United Kingdom as a spouse if either of the parties to the marriage was aged under 21, was an unjustified interference with the right to family life.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

MoD ‘ignored legal advice’ over interrogation of Iraqi prisoners, claims top Army lawyer – Daily Telegraph

Posted October 13th, 2011 in armed forces, human rights, news, torture by tracey

“The British Army wilfully used illegal methods of interrogation against Iraqi prisoners after military leaders ignored advice from their top lawyer, it was claimed last night.”

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Daily Telegraph, 13th October 2011

Source: www.telegraph.co.uk

HM Advocate v P – WLR Daily

HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290

“There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Supreme Court says forced marriage rules are unlawful – BBC News

Posted October 12th, 2011 in families, forced marriages, human rights, immigration, news by sally

“A government ban on non-EU foreign spouses under the age of 21 entering the UK is unlawful, judges have ruled.”

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BBC News, 12th October 2011

Source: www.bbc.co.uk

Freedoms Bill may infringe on individuals’ privacy rights, Parliamentary committee says – OUT-LAW.com

Posted October 12th, 2011 in bills, data protection, DNA, human rights, news, police, privacy by sally

“Parts of a proposed civil rights law threaten the UK’s compliance with human rights obligations and infringe on individuals’ rights, Parliament’s Human Rights Joint Committee has said.”

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OUT-LAW.com, 11th October 2011

Source: www.out-law.com

Retiring Supreme Court president defends human rights – BBC News

Posted October 12th, 2011 in human rights, news, Supreme Court by sally

“The founding president of the UK’s Supreme Court, Lord Phillips, has defended the Human Rights Act as he announces his retirement.”

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BBC News, 11th October 2011

Source: www.bbc.co.uk

Supreme Court Court backs asbestos compensation law – BBC News

Posted October 12th, 2011 in asbestos, compensation, health & safety, human rights, insurance, news by sally

“The UK Supreme Court has backed the right of people in Scotland to claim damages for the asbestos-related condition pleural plaques.”

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BBC News, 12th October 2011

Source: www.bbc.co.uk

Big Brother or crime fighting? DNA evidence under the microscope – UK Human Rights Blog

Posted October 10th, 2011 in data protection, DNA, evidence, human rights, news, police by sally

“A proposal to retain DNA samples taken from people who have been arrested but not charged with a crime for up to five years has come under criticism from the Joint Committee on Human Rights.”

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UK Human Rights Blog, 10th October 2011

Source: www.ukhumanrightsblog.com

The conversation: Judging rights from wrong – The Guardian

Posted October 10th, 2011 in constitutional reform, human rights, news by sally

“The Conservatives want to replace the Human Rights Act with a British version. Liberty director Shami Chakrabarti and Tory MP Dominic Raab go head to head.”

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The Guardian, 7th October 2011

Source: www.guardian.co.uk

Self-incrimination and the fruit of the poisonous tree: the Cadder rule – UK Human Rights Blog

Posted October 10th, 2011 in evidence, human rights, legal representation, news, police, self-incrimination by sally

“Reliance on evidence that emerged from questioning a person without access to a lawyer did not invariably breach the right to a fair trial under Article 6. The principle established by Salduz v Turkey (36391/02) (2009) 49 EHRR 19 did not apply to questioning outside a police station.”

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UK Human Rights Blog, 7th October 2011

Source: www.ukhumanrightsblog.com

Ambrose v Harris (Procurator Fiscal, Oban) ; HM Advocate v M; HM Advocate v G – WLR Daily

Ambrose v Harris (Procurator Fiscal, Oban); HM Advocate v M; HM Advocate v G [2011] UKSC 43; [2011] WLR (D) 288

“In principle the line as to when access to legal advice had to be provided before a person suspected of a criminal offence was questioned by police should be drawn as from the moment when he had been taken into police custody, or his freedom of action had been significantly curtailed.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Right to private life ‘at risk’ in plan to store DNA of innocent people – Daily Telegraph

Posted October 7th, 2011 in data protection, DNA, human rights, news, police by sally

“The Home Secretary’s plan to retain the DNA of people charged but then cleared of offences may breach human rights law, a group of MPs and peers have said.”

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Daily Telegraph, 7th October 2011

Source: www.telegraph.co.uk