Cadder (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2010] UKSC 43 Read judgment We posted earlier on the Supreme Court’s ruling that an accused person’s rights under Article 6 of the Convention are breached if the prosecution leads and relies on evidence of the accused’s interview by police, if a solicitor was not present for that [...]
Archive for October, 2010
Case comment: Cadder – Presence of a lawyer at police interview required by Strasbourg rights of defence
Posted in Art. 6 | Right to Fair Trial, Case summaries, Criminal, In the news, Police, Scotland on October 28, 2010 | 2 Comments »
Straw should not apologise too quickly for New Labour’s civil liberties policies
Posted in In the news on October 27, 2010 | 5 Comments »
Jack Straw, the former New Labour Justice Secretary, has marked the 10th anniversary of the passing into law of the Human Rights Act with an article in the Guardian. There are two points of interest from the article. The first is that, by my reading at least, the article runs close to an apology for [...]
Scots six hour detention without access to lawyer breached human rights convention
Posted in Art. 6 | Right to Fair Trial, Case summaries, Criminal, Scotland, tagged Cadder on October 26, 2010 |
Cadder (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2010] UKSC 43 – Read judgment / press summary The UK Supreme Court has ruled unanimously that Scottish criminal law, which allows a person to be detained and questioned by the police for up to six hours without access to a solicitor, breached the European Convention on [...]
Detaining and deporting the mentally ill
Posted in Art. 5 | Right to Liberty, Case law, Case summaries, Immigration/Extradition, Mental Health, tagged deportation, Mental Health on October 26, 2010 | 1 Comment »
Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140 – Read judgment This appeal raises interesting questions about the approach the courts should take when considering whether detention pending deportation is legal in a case involving an ex-convict with serious psychiatric illness. A failure to implement a Home Office policy on the subject did [...]
Human rights and judicial review in the past year – Part 4/4: Article 12, the right to marry
Posted in In the news on October 26, 2010 | 1 Comment »
This post is adapted from a presentation given at the Justice Human Rights Law Conference, and will be split into four parts. Part 1 can be found here, part 2 here and part 3 here. Today, in the final part of this series, I concentrate on recent cases involving Article 12, the right to marry and a couple of [...]
Human rights and judicial review in the past year – Part 3/4: Article 6, the right to a fair trial
Posted in In the news on October 25, 2010 | 2 Comments »
This post is adapted from a presentation given at the Justice Human Rights Law Conference, and will be split into four parts. This post is adapted from a presentation given at the Justice Human Rights Law Conference, and will be split into four parts. Part 1 can be found here and part 2 here. Today I concentrate [...]
Human rights roundup: Cuts cuts cuts, international human rights and QCs on film
Posted in In the news, tagged human rights on October 22, 2010 |
For your weekend reading pleasure, some of this week’s human rights news, in bite-size form. The full list of our external links can be found on the right sidebar or here. The Inevitable Racial Effect: Counter-Terror Stop and Search Powers – Human Rights in Ireland: Rachel Heron, a PHD candidate at Durham Law School, argues [...]
Human rights and judicial review in the past year – Part 2/4: Articles 3 and 5
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty on October 22, 2010 | 2 Comments »
This post is adapted from a presentation given at the Justice Human Rights Law Conference, and will be split into four parts. Part 1 can be found here. Today I concentrate on Article 3: inhuman and degrading treatment (click here for previous posts on Article 3). A range of cases – as ever, mostly arising in [...]
Human rights and judicial review in the past year – Part 1/4: Article 2, the right to life
Posted in In the news, tagged human rights on October 22, 2010 |
This post is adapted from a presentation given at the Justice Human Rights Law Conference, and will be split into four parts. I aim to summarise the most important judicial review cases concerning Articles 2, 3, 5, 6 and 12 of the ECHR during the last year. I have also included two other cases of [...]
The legal blogger shall inherit…
Posted in Blog news, tagged blawg on October 21, 2010 | 2 Comments »
Updated x 2 | Alex Aldridge has written an excellent and very comprehensive article about the rise and rise of UK legal blogging on Legalweek.com. The article is worth reading in full, as it highlights the strong growth of the legal blog in the past few years, and interviews a number of key legal bloggers. [...]
Pre-nuptial agreements have force in English law as long as they are “fair”, say Supreme Court
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Family, tagged pre-nup, pre-nuptial, Radmacher on October 20, 2010 | 1 Comment »
Radmacher (formerly Granatino) (Respondent) v Granatino (Appellant) [2010] UKSC 42 On appeal from the Court of Appeal [2009] EWCA Civ 649 – Read judgment / press summary The Supreme Court has ruled by an 8-1 majority (Lady Hale dissenting) that a court should give effect to a nuptial agreement that is freely entered into by each [...]
Non independent tribunal can curtail young offenders’ rights
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case summaries, Prisons on October 20, 2010 | 1 Comment »
Ben King and Secretary of State for Justice [2010] EWHC 2522 (Admin) – Read Judgment True or False: 1. A non-independent tribunal can determine your civil rights? 2. A non-independent tribunal can curtail your civil rights? The high court has answered “true” to both of these questions . The non-independent tribunal in this case was [...]
Lords clash over prisoner voting and European meddling
Posted in In the news on October 20, 2010 | 2 Comments »
Updated | The House of Lords debated the vexed issue of prisoner voting yesterday, leading to a somewhat bad-tempered clash between a former Lord of Appeal and the new minister of state for justice. The debate related to the 2005 decision of Hirst No 2, in which the European Court of Human Rights held that [...]
Justice cuts to be 50% more than first thought
Posted in Art. 6 | Right to Fair Trial, Family, In the news, Politics / Public Order, Prisons on October 19, 2010 | 1 Comment »
Updated x 2 – full details of review below | The much-heralded Ministry of Justice budget cuts will be announced shortly as part of the government spending review. Previously, it had been reported that the department’s budget would be cut by around 20%, or £2bn (see our post). However, over the weekend the Observer reported that [...]
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Supreme Court pre-nup decision: the human rights angle
Posted in Case comments, Case summaries, Children, European, Family, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 21, 2010 | 1 Comment »
Radmacher (formerly Granatino) (Respondent) v Granatino (Appellant) [2010] UKSC 42 (On appeal from the Court of Appeal [2009] EWCA Civ 649) Read judgment The Supreme Court has ruled that ante-nuptial arrangements should be binding and enforceable in ancillary proceedings. Thus in future it will be natural to infer that parties who enter into an ante-nuptial agreement [...]
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