‘This amended code provides guidance on the use of investigation powers under the Proceeds of Crime Act (POCA) 2002 by prosecutors (in England and Wales and Northern Ireland) and has been updated following amendment of POCA by the Criminal Finances Act 2017.’
Official Publications, 31st January 2018
‘Appeal court judges have ruled the government’s mass digital surveillance regime unlawful in a case brought by the Labour deputy leader, Tom Watson.’
The Guardian, 30th January 2018
Source: www.theguardian.com
‘There will be a “significant increase” in targeted stop and searches by police in London as part of efforts to combat rising violent crime, Sadiq Khan has said.’
The Independent, 10th January 2018
Source: www.independent.co.uk
‘A man who says he suffered a depressive illness as a result of discovering his father was an undercover police officer rather than a political activist has won the latest round of a High Court compensation battle with the Metropolitan Police.’
Daily Telegraph, 4th December 2017
Source: www.telegraph.co.uk
‘The Investigatory Powers Act needs to be updated if it is to comply with EU law, the UK government has admitted.’
OUT-LAW.com, 1st December 2017
Source: www.out-law.com
‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’
UK Constitutional Law Association, 4th December 2017
Source: ukconstitutionallaw.org
‘Senior police officers are to lose the power to self-authorise access to personal phone and web browsing records under a series of late changes to the snooper’s charter law proposed by ministers in an attempt to comply with a European court ruling on Britain’s mass surveillance powers. A Home Office consultation paper published on Thursday also makes clear that the 250,000 requests each year for access to personal communications data by the police and other public bodies will in future be restricted to investigations into crimes that carry a prison sentence of at least six months.’
The Guardian, 30th November 2017
Source: www.theguardian.com
‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’
UK Human Rights Blog, November 2017
Source: ukhumanrightsblog.com
‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’
Blackstone Chambers, 13th November 2017
Source: www.employeecompetition.com
‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’
Blackstone Chambers, 23rd November 2017
Source: www.blackstonechambers.com
‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’
Home Office, 29th September 2017
Source: www.gov.uk
‘An expanded watchdog charged with regulating the intelligence services and surveillance by state agencies has officially begun work.’
The Guardian, 1st September 2017
Source: www.theguardian.com
‘In the wake of the London and Manchester attacks, the government’s counter-terrorism strategy is increasingly in the news and under scrutiny. Radicalisation is a difficult concept to map on to a system like ours, which separates the definition of criminal behaviour and punishment from civil sanctions. In this week’s podcast, Marina Wheeler discusses some of the ways the law is trying to cope (Law Pod UK Episode 8, available on Monday 7 August). She and others from 1 Crown Office Row will be discussing this and related issues at a seminar on Monday 11 September. You will find full details at the end of this post.’
UK Human Rights Blog, 5th August 2017
Source: ukhumanrightsblog.com
‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’
Home Office, 31st July 2017
Source: www.gov.uk
‘At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment Practices Code is an important document to follow to avoid DPA breaches. It covers all types of employee surveillance.’
Law Society's Gazette, 31st July 2017
Source: www.lawgazette.co.uk
‘Three-quarters of young black and minority ethnic (BAME) people believe they and their communities are being targeted unfairly by stop and search despite a steep decline in the use of the controversial tactic, according to new research.’
The Guardian, 29th June 2017
Source: www.theguardian.com
‘Government-backed inspectors should be able to investigate companies and entire industries to prevent unscrupulous companies falsely labelling workers as self-employed, according to a leading legal body.’
The Guardian, 21st June 2017
Source: www.theguardian.com
‘Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism. Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as former DPP responsible for the prosecution of terrorist cases. Who is right? There is no point in pretending that human rights do not present legal constraints on counterterrorism powers. Nevertheless, the constraints that do exist are certainly not as restrictive as rights opponents would like us to believe. Moreover, it is crucial to distinguish between legal constraints, and the notion that these constraints constitute practical impediments on the effective prevention and punishment of terrorism. The debate is full of confusion between the two. This post will deal only with the first question of legal constraints, as the second is a matter of empirical proof. Before we can proceed with the normative project of changing human rights protections, a process that has far wider implications for human rights in general and our liberal democratic culture, any government has to provide persuasive evidence that human rights do in fact stand in the way of security. The present government, for as long as it lasts, would also need to dispose of the charge that a 13 % reduction in police numbers over the last six years is less significant in the fight against terror, than the human rights constraints that guide police action.’
UK Constitutional Law Association, 15th June 2017
Source: ukconstitutionallaw.org
‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’
The Guardian, 5th June 2017
Source: www.theguardian.com
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