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 [...]
Archive for the ‘Prisons’ Category
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 »
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 [...]
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 |
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 |
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 [...]
No right for prisoner to wear Easter lily
Posted in Art. 10 | Freedom of Expression, Case comments, Politics / Public Order, Prisons on February 10, 2011 | 1 Comment »
The recent critics of Strasbourg judicial activism will, doubtless, be pleased by the Court’s latest Article 10 decision. Free speech campaigners may have more mixed views. In the case of Donaldson v United Kingdom ([2011] ECHR 210) the Fourth Section held that the application of a serving Republican prisoner alleging a violation of his rights under [...]
Prisoner voting and the £160m question
Posted in In the news, Politics / Public Order, Prisons, Protocol 1 Art. 3 | Free elections, tagged prisoner vote on January 20, 2011 | 9 Comments »
The government has reportedly revised its plan to allow prisoners serving less than 4 years to vote in elections. Ministers now seek to limit the right to those sentenced to a year or less. A looming presence in the debate has been the much-touted figure of £160m compensation which the prime minister has warned Parliament [...]
Please release me
Posted in Art. 5 | Right to Liberty, Case summaries, Criminal, Prisons, tagged Court Orders, Detention, Liberty, unlawful detention on December 24, 2010 |
Stellato v Ministry of Justice [2010] EWCA Civ 1435 – Read judgment The court of appeal has ruled that when a court set a deadline for a prisoner’s release, that deadline could was not lawfully extended simply because a court needed time to hear an appeal against the decision to release him. In other words, [...]
Court of appeal rejects prisoner vote plea, government announces plans
Posted in Case summaries, European, In the news, Politics / Public Order, Prisons, Protocol 1 Art. 3 | Free elections, tagged prisoner vote on December 17, 2010 | 4 Comments »
Chester v Secretary of State for Justice & Anor [2010] EWCA Civ 1439 (17 December 2010) – Read judgment The Court of Appeal has rejected a claim by a man convicted of raping and murdering a seven-year-old girl that the court should grant him the right to vote. Meanwhile, following the judgment the government has [...]
“Radical” criminal justice reforms unveiled
Posted in Criminal, In the news, Police, Prisons on December 7, 2010 | 1 Comment »
The arrest of Wikileaks chief Julian Assange has meant that the Ministry of Justice’s “radical” reform program for the criminal justice system has received less attention then it might otherwise have. Although clearly accidental, the timing may suit the justice secretary, who has received criticism from within his own party in relation to his plans [...]
Europe sets deadline for UK to let prisoners vote, or else
Posted in Case summaries, European, In the news, Prisons, Protocol 1 Art. 3 | Free elections, tagged prisoner vote on November 23, 2010 | 1 Comment »
Updated | Greens and M.T. v. the United Kingdom (application nos. 60041/08 & 60054/08) – Read judgment / press release (which the case summary below is based on) The European Court of Human Rights is to give the UK a deadline of six months in order to allow prisoners to vote in elections, or it [...]
Council of Europe warns UK again over prisoner voting rights
Posted in In the news, Prisons, Protocol 1 Art. 3 | Free elections on November 19, 2010 | 2 Comments »
The Council of Europe, which monitors compliance with European Court of Human Rights judgments, has warned the United Kingdom to stop dragging its feet over the implementation of judgments on politically sensitive issues. In a draft resolution, the Committee on Legal Affairs and Human Rights, which was unanimously adopted on 17 November 2010, said: The [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
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- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 24 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
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 [...]
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