The Weekly Round-up: Terrorist convict escapes Wandsworth, lawsuit against Google and German Court questions conditions in UK prisons

11 September 2023 by Hal McNulty

In the news

Questions have been raised over the state of the British prisons system after the escape of Daniel Khalife. The 21 year-old former soldier who had been convicted for terrorist offences escaped from Wandsworth prison by hiding under a food delivery lorry, reportedly, but was later recaptured by police on a Chiswick towpath. Justice Secretary Alex Chalk has signalled that investigations are being made into the prison’s conditions. Inquiries may be made into the reason for Khalife being held in Wandsworth, a category B-security prison, rather than the high-security prison Belmarsh, where serious terrorist suspects are ordinarily kept. The incident has been used by some to demonstrate that the system has now reached breaking point, with overcrowding and understaffing enabling such incidents.

Google is facing a multi-billion pound lawsuit brought on behalf of UK consumers on claims that its search-engine stifled competition, causing prices to rise. The claim is that Google restricted competition by raising the prices for advertisers, making use of its market dominance. These costs are ultimately passed onto the consumers and are estimated at £7.3bn, at least £100 per member of the 65-million-person class of UK users over the age of 16. Google has commented that it will “vigorously dispute” this “speculative and opportunistic” suit.

In other news

The Prisons and Probation Ombudsman says that indefinite prison sentences should be considered a risk factor for suicide. Last year, nine prisoners killed themselves since the controversial Imprisonment for Public Protection (IPP) sentences were introduced in 2005, the highest number so far. These were abolished in 2012 but not for those already sentenced, almost 3000 people to date. The Ombudsman argues that the prison system needs to take into account the psychological toll of this sentence when putting protections in place for inmates.

A German court has refused the extradition of a UK citizen because of concerns with British prison conditions. The Karlsruhe Higher Regional Court’s judgment favoured the defence lawyer’s evidence of overcrowding, staff shortages and inmate violence. The court had sought assurances from UK authorities that the conditions the defendant would face conformed with the European Convention on Human Rights, but these requests were not satisfied. Writing in the Law Society Gazette, Johnathan Goldsmith describes the case as “an embarrassment for the UK.”

The legal think-tank JUSTICE has published a report on the Rule of Law in Britain, describing it as having “regressed significantly on multiple fronts.” Among other things, the report criticises the government for being readier to use ‘Henry VIII’ powers, which allow ministers to amend or appeal laws with little parliamentary involvement, and drastic cuts to legal aid.

In the courts

In case C‑216/21, Asociația ‘Forumul Judecătorilor din România, the Romanian Court of Appeal, Ploieşti, asked the European Court of Justice whether a reform to the procedure for the promotion of Romanian judges to higher courts was compatible with the principle of installing independent judges. The old system of promotion, which used written exams, has been replaced since 2019 with an assessment adjudicated by the president and members of the relevant higher court, which the claimants argue has allowed promotion to be determined by subjectivity and personal discretion. The EU court ruled against the claimants, arguing that EU law is not incompatible with such an assessment, so long as the procedural rules governing selection of judges cannot give rise to doubts as to the independence of the legal system.