Restrictions on books in prisons declared unlawful by the High Court

Cornerstone-bookshopR (on the application of Gordon-Jones) v Secretary of State for Justice and Governor of HM Prison Send [2014] EWHC 3997 (Admin)read judgment

Contrary to what some media reports would have us believe, Prison Service Instruction (“PSI”) 30/2013 did not impose an absolute ban on books in prisons. It did, however, impose severe restrictions on the possession or acquisition of books which a prisoner can treat as his or her own. The High Court has found that those restrictions could not be justified by the limited provision of prison library services and are therefore unlawful.

The Claimant is a prisoner serving an indefinite sentence for the protection of the public at HMP Send. She has a doctorate in English literature and a serious passion for reading. The books she wants to read are often not the sort which are required by fellow prisoners or readily available through the prison library (the Dialogues of Marcus Aurelius and Brewer’s Dictionary of Phrase and Fable, for example, crop up in the judgment) and she therefore relies on having books sent or brought to her by people outside the prison.

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Naked rambler gets no help from European Court of Human Rights – Diarmuid Laffan

Naked-Rambler-Stephen-Gou-008Gough v UK (Application no. 49327/11), 28 October 2014 – Read judgment

The applicant in this case has been repeatedly arrested, convicted and imprisoned for breaching the peace by walking around naked in public. In a judgment handed down recently, the European Court of Human Rights found the UK authorities’ restriction of his rights under Articles 10 and 8 of the Convention, proportionate to the legitimate aim of preventing disorder and crime.

Stephen Gough has a strong conviction that there is nothing inherently offensive about the human body, and that he harms no-one by walking around naked. A really, really strong conviction. Since he set off on a naked walk from Land’s End to John O’Groats in 2003, he has been nicknamed the ‘naked rambler’ and has spent most of the last eight years in prison, and most of that time solitary confinement.

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The right outcome: Tricycle Theatre reverses UK Jewish Film Festival ban

TRICYCLE-UKJFFAs a brief update to my post from last week. The Tricycle Theatre and the UK Jewish Film Festival have settled their differences after an agreement was struck to end the theatre’s refusal to host the festival.

Despite its previously robust defence of the decision, the Tricycle appears to have entirely relented on the issue of Israeli Embassy funding. A joint statement has been published, stating amongst other things:

‘Some weeks ago the UKJFF fell out, very publicly, with the Tricycle over a condition imposed by the Tricycle regarding funding. This provoked considerable public upset. Both organisations have come together to end that. Following lengthy discussions between the Tricycle and UKJFF, the Tricycle has now withdrawn its objection and invited back the UK Jewish Film Festival on the same terms as in previous years with no restrictions on funding from the Embassy of Israel in London. The UKJFF and the Tricycle have agreed to work together to rebuild their relationship and although the festival is not able to return in 2014, we hope to begin the process of rebuilding trust and confidence with a view to holding events in the future.

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Have the Tricycle Theatre broken the law by refusing to host the Jewish Film Festival?

TRICYCLE-UKJFFUpdated | It emerged on Tuesday the Tricycle Theatre in Kilburn has refused to host the UK Jewish Film Festival (UKJFF) for the first time in eight years. The theatre told UKJFF that they must reject longstanding funding from the Israeli Embassy if they wanted to use the venue. UKJFF refused and the relationship ended.

There has already been some excellent writing: see Nick Cohen, Archie Bland and Dorian Lynskey. Cohen makes a powerful case for the decision being anti-Semitic. I’m not going to go there, although as I have been saying on Twitter, in my view this is a bad move by the Tricycle. I thought it would be interesting, however, to investigate whether the Tricycle may have broken any laws.

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Secret trials – a little transparency, a lot to worry about – Lawrence McNamara

RCJ restricted accessGuardian News and Media Ltd -v- AB CD – Read preliminary judgment

The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.

Is this a good decision? It is better than it might have been, but there are still deeply worrying problems.

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Anonymity order compatible with Convention and common law – Supreme Court

anonymity21A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland)  [2014] UKSC 25 – read judgment

This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case.  The Supreme Court unanimously dismissed the appeal by the BBC.

The following report is based on the Supreme Court’s Press Summary.   References in square brackets are to paragraphs in the judgment.

Background 

A, a foreign national, arrived in the UK in 1991. He was later granted indefinite leave to remain, but in 1996 was sentenced to four years’ imprisonment for sexual offences against a child. In 1998, he was served by the Home Secretary with a notice to make a deportation order [4]. He appealed against the decision and protracted proceedings followed in which A cited risks due to his status as a known sex offender of death or ill-treatment (contrary to Articles 2 and 3 of the European Convention on Human Rights  should he be deported. A’s identity was withheld in the proceedings from 2001 onwards [5]-[9]. Continue reading

Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information

Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014 read judgment

In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries  between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.

The Charity Commission had refused the request on the ground that the information was subject to an absolute exemption from disclosure contained in s.32(2) of the FOIA. The Supreme Court (in common with the Court of Appeal) held that the absolute exemption applied and dismissed Mr Kennedy’s request. But the result was a little closer in the SC, with two judges dissenting, essentially on Article 10 grounds.

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