Angus McCullough QC appeared for Abu Qatada as his Special Advocate in the domestic proceedings before SIAC, the Court of Appeal and the House of Lords. He is not the author of this post. ‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome [...]
Archive for the ‘Prisons’ Category
Indefinite detention: not very British
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Criminal, European, Immigration/Extradition, In the news, Prisons, Terrorism, tagged abu qatada on February 8, 2012 | 10 Comments »
Extradition of murder accused to US not breach of human rights
Posted in Art. 3 | Torture / Inhumane Treatment, Case law, Criminal, Immigration/Extradition, International, Prisons, tagged Harkins and Edwards on January 19, 2012 | 1 Comment »
HARKINS AND EDWARDS v. THE UNITED KINGDOM – 9146/07 [2012] ECHR 45 – Read judgment The European Court of Human Rights has found that there would be no breach of Article 3 ECHR (prohibition of inhuman and degrading treatment) in extraditing two men accused of murder to the US. The men argued that they face the death [...]
No human right to an hour’s minimum in the open air for “lifer” – Court of Appeal
Posted in Art. 8 | Right to Privacy/Family, Case comments, Prisons on December 20, 2011 | 1 Comment »
Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538 - Read Judgment The Court of Appeal has decided that a failure to provide a life sentence prisoner with a minimum of one hour in the open air each day did not constitute a breach of his human rights under Article 8 of the European Convention [...]
Prisoner votes and the democratic deficit
Posted in European, In the news, Margin of Appreciation, Prisons, Protocol 1 Art. 3 | Free elections on September 20, 2011 | 2 Comments »
I posted recently on the ongoing saga surrounding the UK’s implementation of the Hirst No. 2 case, in which the European Court of Human Rights found that the UK’s blanket ban on prisoners voting was a breach of the European Convention on Human Rights. The correspondence between the court and the UK Government is now available and [...]
Religious freedom does not stop at the prison gates – Part 2
Posted in Art. 9 | Thought/Conscience/Religion, Case comments, Case summaries, In the news, Prisons, Religion on July 21, 2011 | 3 Comments »
Jakobski v Poland (December 2010) – read judgment Mahayana Buddhists have profound moral objections to eating meat. According to the rules, a Mahayana Buddhist should avoid eating meat to cultivate compassion for all living beings. Even peaceable Buddhists commit crimes sometimes and go to prison. Meat free diets however are not available in all European [...]
Prison’s decision not to investigate sexual assault was lawful
Posted in Art. 3 | Torture / Inhumane Treatment, Case comments, Criminal, In the news, Prisons on July 13, 2011 | 4 Comments »
R (NM) Secretary v of State for Justice [2011] EWHC 1816 - Read judgment This case concerned whether the prison authorities were in breach of the Disability Discrimination Act 1995 and the Equality Act 2010 when they failed to conduct a form investigation into a sexual assault against a prisoner with learning disabilities, NM. It was further considered whether the failure to [...]
Tiny cells, violence and language barriers: the life of a European prisoner?
Posted in Art. 3 | Torture / Inhumane Treatment, Criminal, European, Immigration/Extradition, In the news, International, Prisons, tagged Pre-trial detention, Prisoners on June 22, 2011 | 2 Comments »
The European Commission has begun a consultation process to explore the impact of pre-trial detention in the European Union (EU). The particular focus, summarised in its Green Paper, is how pre-trial detention issues affect judicial co-operation generally within the EU. The issue is being debated at the moment in the UK, with a group of MPs urging [...]
Religious freedom doesn’t stop at the prison gate
Posted in Art. 9 | Thought/Conscience/Religion, Case law, Case summaries, In the news, Prisons, Religion on June 7, 2011 | 4 Comments »
R (Imran Bashir) v. The Independent Adjudicator, HMP Ryehill and the Secretary of State for Justice [2011] EWHC 1108 – read judgment here. 1 Crown Office Row’s John Joliffe appeared for the Secretary of State for Justice in this case. He is not the writer of this post. The High Court held last week that disciplining a [...]
Did the UK misuse European court process on prisoner votes? – Dr Ed Bates
Posted in Case comments, European, In the news, Prisons, Protocol 1 Art. 3 | Free elections, tagged prisoner votes on April 15, 2011 | 5 Comments »
The recent rejection, by a panel of the Grand Chamber of the European Court of Human Rights, of the British government’s attempt to overturn the ruling in Greens and MT v United Kingdom (prisoner voting) case, brings into focus the role of the Strasbourg Grand Chamber. In this post I attempt to highlight how the [...]
Tick tock tick tock
Posted in Case summaries, European, In the news, Prisons, Protocol 1 Art. 3 | Free elections, tagged prisoner votes on April 13, 2011 | 12 Comments »
The clock is ticking again on prisoner votes. The European Court of Human Rights has rejected the UK government’s latest appeal in the long-running saga. The UK had attempted to appeal the recent decision in Greens and M.T. v. the United Kingdom. The full background can be found in my previous post, in which I predicted [...]
Prisoner votes: EU won’t help
Posted in Case summaries, European, In the news, Prisons, Protocol 1 Art. 3 | Free elections on April 13, 2011 | 3 Comments »
George McGeogh for Judicial Review of the Compatibility with the Petitioner’s EU law rights of the Decision of the Electoral Registration Officer , Outer House, Court of Session [2011] CSOH 65, 08 April 2011 (Lord Tyre) – Read opinion This was an attempt by a prisoner to argue that his disenfranchisement under Section 3 of the Representation [...]
Purpose, policy and publication: Analysis of Lumba ruling
Posted in Art. 5 | Right to Liberty, Case comments, Criminal, Damages, In the news, Politics / Public Order, Prisons, Public/Private on March 30, 2011 | Comments Off
Lumba v Secretary of State for the Home Deparment – a case of driving government policy further underground? We have already reported on this appeal by three foreign nationals who have served sentences of imprisonment in this country (“FNPs”). They were detained pursuant to Schedule 3 of the Immigration Act 1971 and their challenge to [...]
Prisoners not entitled to compensation for voting ban
Posted in Case law, Case summaries, In the news, Prisons, Protocol 1 Art. 3 | Free elections on February 19, 2011 | Comments Off
Tovey & Ors v Ministry of Justice [2011] EWHC 271 (QB) (18 February 2011) – read judgment. In a case heard the day before Parliament debated whether it should amend the law preventing prisoners from voting, the High Court struck out a claim for compensation by a prisoner in respect of his disenfranchisement. Although it [...]
Prisoner votes: a ping pong ball in a wind tunnel
Posted in European, In the news, Prisons, Protocol 1 Art. 3 | Free elections, tagged prison vote, prisoner votes on February 10, 2011 | 10 Comments »
Updated | Parliament is currently debating on whether prisoners should be given the vote. The motion can be found here and you can watch the debate on Parliament TV. A Washington Post correspondent recently said US President Barack Obama had been “bounding around like a ping-pong ball in a wind tunnel” on to the situation [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Gove urged to clarify position on anti-gay texts in schools - PinkNews.co.uk February 22, 2012
- BBC - Law in Action, Legal aid changes: long overdue reform or denial of justice? February 22, 2012
- KENNEDY V IC AND CHARITY COMMISSION: COURT OF APPEAL DECIDES February 22, 2012
- Legal Blogging, by former UKHRB contributor Melina Padron February 21, 2012
- Kate Malleson: Taking the politics out of judicial appointments? February 21, 2012
- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
- HARDY AND MAILE v. THE UNITED KINGDOM - 31965/07 [2012] ECHR 261 (14 February 2012) February 14, 2012Strasbourg Art 8 challenge to construction of liquefied natural gas terminals in Milford Haven harbour fails
- Milind Manohar Sanade, Damion Harrison and Conroy Maurice Walker -v- The Secretary of State for The Home Department - Upper Tribunal February 10, 2012Upper Tribunal guidelines decision on human rights exceptions to automatic deportations of immigrants with spouse and young children
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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- Crimes committed by victims of human trafficking – should they be prosecuted? February 22, 2012 Rosalind English
- Michael Gove’s full letter on homophobic teaching materials in schools February 22, 2012 Adam Wagner
- Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup February 20, 2012 Wessen Jazrawi
- Belgium bitten by Aarhus – again February 19, 2012 David Hart QC
- Is it legal to teach gay hate in schools? February 19, 2012 Adam Wagner
- Analysis | Court of Appeal upholds hotel gay discrimination ruling – Marina Wheeler February 19, 2012 1 Crown Office Row
- Former Top Judge hits back at current Top Judge February 17, 2012 Richard Mumford
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Youth restraint challenge rejected by High Court
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, In the news, Poor reporting, Prisons, tagged Access to justice, Standing on January 16, 2012 | 1 Comment »
The Children’s Rights Alliance for England (CRAE) v Secretary of State for Justice and G4S Care and Justice Services (UK) Ltd and Serco plc [2012] EWHC 8 (Admin) – read judgment Although certain restraining measures had been taken unlawfully against young people in secure training centres for a number of years, the court had no jurisdiction [...]
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