‘The Court of Appeal Criminal Division and the Divisional Court have confirmed the circumstances in which the Crown, a Defendant, or a third party can challenge the making, variation, or failure to make a reporting restriction for a young person in the criminal justice system.’
St Ives Chambers, February 2021
Source: www.stiveschambers.co.uk
‘No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years (such as, for example, in the Miller cases). A key feature of this deference is that it is offered in a national security context, where judicial deference has often played a role. This deference is partly justified by the Court on the grounds that Ministers are democratically accountable for national security decisions. However, as this post argues, the extent to which democratic accountability is a legitimate ground for judicial deference to national security decisions is questionable in light of current UK practice. This post raises three difficulties with relying on democratic accountability as a ground for deference in the UK national security context.’
UK Constitutional Law Association, 9th March 2021
Source: ukconstitutionallaw.org
‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’
The Guardian, 9th March 2021
Source: www.theguardian.com
‘On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who left the UK as a 15-year-old girl to travel to Syria to join the so-called Islamic State, however, resulted in the Court effectively washing its hands of the case staying it until a full hearing can occur in future—a remote possibility. In the judgment, Lord Reed held the Court of Appeal was in error by substituting its own view of the balance to be struck between national security and the applicant’s rights. In so doing, the Court of Appeal did not give the Secretary of State’s assessment due respect. In this brief post, I wish to focus on a principal aspect of the Supreme Court’s judgment: the concept of deference.’
Oxford Human Rights Hub, 8th March 2021
Source: ohrh.law.ox.ac.uk
‘A mother who fought to change the law around murder says her daughter would be “very proud”.’
BBC News, 9th March 2021
Source: www.bbc.co.uk
‘Package includes £30 million for police to surge activity in serious violence hotspots and new money to steer young people away from crime.’
Home Office, 8th March 2021
Source: www.gov.uk
‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’
The Independent, 26th February 2021
Source: www.independent.co.uk
‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’
EIN Blog 24th February 2021
Source: www.ein.org.uk
‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’
Law Society's Gazette, 16th February 2021
Source: www.lawgazette.co.uk
‘The UK’s youngest known terror offender has walked free from court after recruiting members for a neo-Nazi group.’
The Independent, 8th February 2021
Source: www.independent.co.uk
‘Two teenagers who tortured and murdered a vulnerable woman in her own home have been granted lifelong anonymity.’
BBC News, 4th February 2021
Source: www.bbc.co.uk
‘The teenage leader of a neo-Nazi group has become the youngest person in the UK to have committed a terrorist offence.’
BBC News, 1st February 2021
Source: www.bbc.co.uk
‘A 16-year-old boy has been sentenced for racially attacking a Singapore student who was told “we don’t want your coronavirus in our country”.’
BBC News, 27th January 2021
Source: www.bbc.co.uk
‘A 19-year-old man who groomed and then beat a schoolboy to death in some woods in Cheshire has been jailed for at least 28 years, for what the judge described as a carefully planned, premeditated murder.’
The Guardian, 25th January 2021
Source: www.theguardian.com
‘Four men have been found guilty of murdering a boy stabbed more than 40 times in a “well-planned execution”.’
BBC News, 19th January 2021
Source: www.bbc.co.uk
‘Urgent action is needed to tackle an “unprecedented backlog” of court cases built up during the pandemic that has “severe implications” for victims, the UK’s four justice chief inspectors have warned.’
The Guardian, 19th January 2021
Source: www.theguardian.com
‘A man whose conviction aged 15 made him Britain’s youngest terrorist is safe to be freed, despite his key role in a plot to kill police officers, the Parole Board has decided.’
The Guardian, 18th January 2021
Source: www.theguardian.com
‘A 15-year-old boy has been found guilty of racially attacking a Singaporean student who was told “I don’t want your coronavirus in our country”.’
BBC News, 4th January 2021
Source: www.bbc.co.uk
‘A children’s prison has been criticised by inspectors after they found that new arrivals as young as 15 were being locked in solitary confinement in their rooms for a fortnight and allowed out for just 30 minutes a day because of concerns about coronavirus.’
The Independent, 9th December 2020
Source: www.theguardian.com
‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’
UK Human Rights Blog, 1st December 2020
Source: ukhumanrightsblog.com
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