Category: prisons

Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another – WLR Daily

Posted October 22nd, 2013 in appeals, declarations of incompatibility, elections, human rights, law reports, prisons, Supreme Court by tracey

Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another: [2013] UKSC 63;   [2013] WLR (D)  392

“The statutory blanket ban on convicted prisoners voting was incompatible with article 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. However, where a declaration of incompatibility had already been made in other proceedings and the matter was under active consideration by Parliament, a further declaration of incompatibility, being a discretionary remedy, was not appropriate.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Ministry fined after Cardiff prisoner details emailed to families – BBC News

Posted October 22nd, 2013 in data protection, fines, government departments, news, prisons by tracey

“The Ministry of Justice has been fined £140,000 after the details of more than 1,000 inmates at Cardiff prison were emailed to three prisoners’ families.”

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BBC News, 22nd October 2013

Source: www.bbc.co.uk

The latest prisoner votes judgment may be our Marbury v Madison – UK Human Rights Blog

Posted October 21st, 2013 in elections, human rights, judicial review, judiciary, news, prisons, Supreme Court by sally

“At first glance, prisoner voting proponents may interpret the Supreme Court’s R (Chester) v Justice Secretary decision (see Adam Wagner’s previous post) as a defeat for advancing prisoner voting rights in the UK. This blog post offers a different perspective. By comparing Chester to the seminal US Supreme Court case of Marbury v. Madison, we summarise that such proponents should take a step back and see the wood, rather than merely the trees. This is because Lord Mance’s Chester judgment offers human rights advocates, and therefore supporters of prisoner voting rights, an unequivocal foundation from which to defend future human rights claims.”

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UK Human Rights Blog, 20th October 2013

Source: www.ukhumanrightsblog.com

Ruvi Ziegler: The missing right to vote: The UK Supreme Court’s judgment in Chester and McGeoch – UK Constitutional Law Group

Posted October 21st, 2013 in bills, EC law, elections, human rights, news, prisons, Supreme Court by sally

“On 16 October 2013, a seven-judge panel of the UK Supreme Court (UKSC) unanimously rejected two challenges (R (Chester) v Secretary of State for Justice and McGeoch v The Lord President of the Council & Anor and the judgment summary) brought by prisoners serving terms of life imprisonment against their disenfranchisement in UK national elections pursuant to section 3(1) of the Representation of the People Act 1983 (RPA) and in EU Parliamentary elections and UK local elections pursuant to section 8(2) of the European Parliamentary Elections Act 2002.”

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UK Constitutional Law Group, 21st October 2013

Source: www.ukconstitutionallaw.org

Prisoner becomes first inmate to be given a CRASBO – Daily Telegraph

Posted October 21st, 2013 in ASBOs, domestic violence, harassment, news, prisons, sentencing by sally

“A convicted prisoner, with a history of violence against women, has become the first person to be issued with a CRASBO while still in jail.”

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Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

UK Supreme Court judgment: R (Chester) v Justice Secretary, McGeoch v Lord President – Head of Legal

Posted October 18th, 2013 in elections, human rights, news, prisons, Supreme Court by tracey

“It’s no surprise that the Supreme Court has today unanimously dismissed appeals by two prisoners who wanted various remedies under the Human Rights Act and EU law for being denied the vote in Parliamentary, local, Scottish Parliament and European elections. These cases were always weak.”

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Head of Legal, 16th October 2013

Source: www.headoflegal.com

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) – Supreme Court

Posted October 17th, 2013 in appeals, elections, human rights, law reports, prisons, Supreme Court by sally

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) [2013] UKSC 63 (YouTube)

Supreme Court, 16th October 2013

Source: www.youtube.com/user/UKSupremeCourt

This Supreme Court prisoner voting decision really is a victory for common sense – UK Human Rights Blog

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“The Lord Chancellor Chris Grayling recently told The Spectator that he wants ‘to see our Supreme Court being supreme again’. In light of his respect for the court, he should read today’s judgment on prisoner votes very carefully indeed, as should David Cameron who has already endorsed the decision as a ‘great victory for common sense’.”

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UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

Prisoners’ right-to-vote appeal rejected by supreme court – The Guardian

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“Two convicted murderers who argued that European Union law gave them the right to vote in UK elections have had their appeals dismissed by the supreme court at Westminster.”

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The Guardian, 16th October 2013

Source: www.guardian.co.uk

Prisoner votes Supreme Court decision expected – BBC News

Posted October 16th, 2013 in appeals, bills, EC law, elections, human rights, news, prisons, proportionality, Supreme Court by sally

“The Supreme Court will rule later whether prisoners have the right to vote under European Union rules – even though they cannot under British law.”

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BBC News, 16th October 2013

Source: www.bbc.co.uk

Women sharing prison vans with men ‘exposed to abuse’ – BBC News

Posted October 15th, 2013 in news, prisons, reports, women by sally

“Private contractors exposed women prisoners at HMP Holloway to ‘intimidation and abuse’ by forcing them to travel in escort vans with male inmates, an inspection found.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Convicted prisoner has no entitlement to all the rights enjoyed by others – UK Human Rights Blog

Posted October 14th, 2013 in human rights, murder, news, prisons, remand by sally

The High Court has dismissed an ‘absolutely meritless’ claim by a prisoner that, in serving the non-tariff part of his sentence, he should be afforded all the Convention rights enjoyed by prisoners on remand or those serving time for civil offences such as contempt of court. As he had been deprived of the full panoply of rights, he said, he was a victim of discrimination contrary to Article 14.

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UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

Jail sentence penalties for data breaches will be consulted on despite Government’s scepticism – OUT-LAW.com

Posted October 14th, 2013 in consultations, data protection, disclosure, fines, imprisonment, inquiries, media, news, prisons, privacy, sentencing by sally

“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”

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OUT-LAW.com, 11th October 2013

Source: www.out-law.com

The Supreme Court’s curious constitutional U turn over prisoner rights – UK Human Rights Blog

Posted October 14th, 2013 in appeals, constitutional law, early release, human rights, judicial review, news, parole, prisons, Supreme Court by sally

“Writing in his magisterial new work, Human Rights and the UK Supreme Court, Professor Brice Dickson noted that the Human Rights Act had created ‘an internationalized system of human rights protection rather than a constitutional one.’ Indeed, there had been a marked resistance on the part of the Supreme Court to use the common law to achieve the same goal of human rights protection. In Osborn v The Parole Board the Supreme Court seemed to resile from this position.”

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UK Human Rights Blog, 13th October 2013

Source: www.ukhumanrightsblog.com

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

Posted October 11th, 2013 in appeals, human rights, law reports, parole, prisons, probation, release on licence, sentencing, Supreme Court by sally

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

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

HMP Oakwood: ‘Serious failings’ over inmate’s death – BBC News

Posted October 10th, 2013 in news, ombudsmen, prisons, reports by tracey

“The Prison Ombudsman has identified ‘serious failings’ by staff at the UK’s largest privately-run prison after the death of an inmate.”

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BBC News, 10th October 2013

Source: www.bbc.co.uk

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

Posted October 9th, 2013 in appeals, early release, human rights, judicial review, law reports, oral hearings, parole, prisons, robbery, sentencing, Supreme Court, weapons by sally

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

Analysis: HMP Oakwood report – BBC News

Posted October 9th, 2013 in budgets, drug offences, health & safety, news, prisons, rehabilitation, reports, standards by sally

“The official website for HMP Oakwood says that it wants to ‘inspire, motivate and guide prisoners to become the best they can be.'”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

Hundreds of criminals, including knife offenders, spared jail under Coalition – Daily Telegraph

Posted October 9th, 2013 in community service, news, prisons, sentencing, statistics, weapons by sally

“Hundreds of criminals who commit multiple crimes are being spared jail, new figures have revealed.”

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Daily Telegraph, 9th October 2013

Source: www.telegraph.co.uk