Search Results for: justice and security bill


Strasbourg Controversies, Deportation Amendments and Secret Court fallouts – The Human Rights Roundup

17 March 2013 by

Christian rights case ruling

Please welcome our new rounder upper, Sarina Kidd, a student on the GDL course at City University. Sarina joins Daniel Isenberg (our other rounder upper) and replaces Sam Murrant, who has moved on to pastures new after producing a fantastic run of human rights roundups. We wish him all the best and welcome Sarina on to the team – Adam Wagner

Welcome back to the UK Human Rights Roundup, your regular smorgasbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the News

The Human Rights Act and Strasbourg

The debate continues over the suggestion that a future Conservative government would repeal the Human Rights Act and withdraw from the European Convention.

Earlier this week Lady Hale, the UK’s most senior female judge, warned that her fellow judges would ‘regret’ a decision to repeal the HRA and that such a repeal would allow Parliament to pass laws incompatible with the ECHR.

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Habeas corpus, trolling and secret court conspiracy theories – The Human Rights Roundup

5 November 2012 by

A troll

This is Wessen Jazrawi’s final roundup on the UK Human Rights Blog as she is moving onto pastures new. Thanks to Wessen for her fantastic series of fortnightly roundups – Adam and the UKHRB team.

Welcome back to the UK Human Rights Roundup, your weekly smörgåsbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

The most significant news of the week has been the decision by the Supreme Court in the case of Yunus Rahmatullah which we consider below. In other news, time is fast running out for the UK government to act on prisoner voting and the European Court displayed the limits of its intervention on domestic violence. Also in today’s roundup is the inaugural list of upcoming UK human rights events – if you would like to add an event to the next roundup, please email.


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Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup

20 February 2012 by

Welcome back to the human rights roundup, your recommended weekly dose of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

Religion and the State

Following on from last week’s ruling from the High Court that Christian prayers held before a council meeting were unlawful, the Court of Appeal this week upheld a ruling that two Christian hotel owners had discriminated against gay clients by not offering them a double room.

In yet other news, the Education Secretary Michael Gove is embroiled in a row concerning the distribution in schools of a booklet containing homophobic material. In response to complaints, Gove has insisted that the education provisions of the Equality Act 2010 do not extend to the content of the curriculum. For an analysis of why Gove is incorrect on this score, see Adam Wagner’s post.

by Wessen Jazrawi


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Worboys’ release quashed — Jake Richards

3 April 2018 by

taxiOn 28th March 2018 a three-judge panel of the Divisional Court gave its decision in R (DSD and Ors) v The Parole Board of England and Wales [2018] EWHC 694 (Admin), ruling that the Parole Board’s decision to direct the release of John Worboys (the ‘black cab rapist’) should be quashed.

 

Background

On 21st April 2009, John Worboys (now under the name of John Radford) was convicted of 19 serious sexual offences, including rape and sexual assault, which were committed on victims aged between 19 and 33 between October 2006 and February 2008. He was given an indeterminate sentence for public protection – specifying a minimum term of imprisonment of 8 years after which Worboys would be eligible for release if the Parole Board was satisfied that it was no longer necessary for the protection of the public for him to be held in prison.

On 26th December 2017, the Parole Board determined that incarceration was no longer necessary and directed for Worboys to be released. After much public outcry, the decision was challenged by the Mayor of London, two victims and, on a discrete aspect of the decision, a media group.

A decision to release a prisoner by the Parole Board had never been the subject of judicial review before. This is because the only parties to a hearing before the Parole Board are the Secretary of State for Justice, the Parole Board themselves and the prisoner. The proceedings are held entirely in private. To that extent, unless the Secretary of State for Justice intervened to seek judicial review of a decision by another government body, the decision was effectively unchallengeable.

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Putting a ring on it, Constitutional Carnage and Court Transparency – The Human Rights Roundup

23 July 2013 by

Screen Shot 2013-07-23 at 08.21.56Welcome back to the UK Human Rights Roundup, your regular summer thunderstorm of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.

This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.


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It’s time to overhaul the Investigatory Powers Bill

11 February 2016 by

By Cian C. Murphy and Natasha Simonsen

This morning, the Joint Committee on the Draft Investigatory Powers Bill issued a 200-page report on the draft new law. It’s the next step in the scrutiny of a foundational piece of UK national security law – capabilities and safeguards on internet surveillance. The Report is remarkable and comprehensive work – not least because it was done in a few short months. The Committee has made no fewer than 86 recommendations for how the Bill can be improved.

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New Judges, Secret Trials and Pulling Out of European Human Rights – The Human Rights Roundup

3 March 2013 by

Christian rights case rulingWelcome back to the UK Human Rights Roundup, your regular smorgasbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

This week saw three new appointments to the UK Supreme Court, which has in turn prompted discussion of equality and diversity within the senior judiciary (unsurprisingly, all three of them are white, male and “of a certain age”), as well as Conservative warnings over withdrawal from the European Court of Human Rights.


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British Airways strike and human rights – the union strikes back

21 June 2010 by

British Airways Plc v Unite the Union [2010] EWCA Civ 669 (20 May 2010) Read judgment

Last month Unite won their appeal against an injunction obtained by British Airways in the High Court preventing their members from striking. The judgment has some potentially important implications for human rights, and in particular the right to free assembly.

The strike has already been the most damaging in British Airways’ history and they airline are now preparing for another round of strikes with Unite threatening to ballot its members for a third time.

Today the Confederation of British Industry (CBI) called for a change in the law to make it harder to bring strikes. Amongst other things, they are lobbying for the number of workers who need to agree to a strike before it can take place to be raised to 40%, which they say would “prevent strikes going ahead based on a relatively small turnout of particularly active members.

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Abu Qatada, Facebook at work and prisoner votes – The Human Rights Roundup

19 November 2012 by

This is the first post by the blog’s new rounder-uppper Daniel Isenberg, who joins Sam Murrant. Welcome, Daniel! 

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

This week’s human rights news was dominated by the man who has become the Home Secretary’s bête noire, Abu Qatada.  Elsewhere the UK’s relationship with the Strasbourg Court was addressed by Jack Straw and the Court’s recently-retired President, whilst the Court, itself, criticised the UK’s policy on criminal records data retention.  Meanwhile, in speeches two Court of Appeal judges have made expressed views on human rights and the principle of proportionality.


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An open or shut case?

29 January 2016 by

Lady Hale, who delivered the court’s judgment (Photo: Guardian)

R(C) v. Secretary of State for Justice [2016] UKSC 2 – read judgment.

When is it right to keep the names of parties to litigation a secret? That was the difficult question the Supreme Court had to grapple with in this judgment, handed down on Wednesday. The decision to allow a double-murderer to remain anonymous led to outraged headlines in the tabloids. Yet the Court reached the unanimous conclusion that this was the right approach. Why?

The Facts

C, who had a long history of severe mental illness, was convicted of murdering his ex-girlfriend and her new partner in 1998 and sentenced to life imprisonment with a minimum term of 11 years before parole could be considered. The murder was described by Lady Hale as “a particularly savage killing which must have caused untold suffering to the victims and has continued to cause great grief to their families.” During his sentence C was transferred from prison to a high security psychiatric hospital. Whilst there, in 2012, C’s treating doctors applied for permission to allow him unescorted leave in the community in order to assess how well his treatment was progressing and whether he would be suitable for discharge. The Secretary of State refused to allow this.

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Immigration Bail policy found systemically unfair

30 July 2020 by

In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.


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Lights in the Dark: My speech to the Withington Girls’ School’s Model United Nations Conference

4 July 2016 by

IMG_0242I gave the keynote speech at yesterday’s 8th Annual Withington Girls’ School’s  Model United Nations Conference. It was an honour to be asked, especially as it was only a few hundred meters from where I went to school, and also inspiring to see hundreds of young people giving up their Sunday to debate important human rights issues.

In case you are interested, I have reposted the text of my speech below and as a PDF here. It’s a long-read, but in it I work through why I came to human rights as a career choice and why I think they are important.

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Incoherent, incomplete and disrespectful: The Conservative plans for human rights – Angela Patrick

3 October 2014 by

Screen Shot 2014-10-02 at 22.47.13“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. … Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” Eleanor Roosevelt (1958).

For human rights to matter, they must be made real first, at home, in those small places that matter to us all. After almost four decades of debate, it was in this vein that the Westminster Parliament, with Conservative Party support, voted to “Bring Rights Home” in the Human Rights Act 1998 (“HRA”). As we wake this morning to the front pages of two national newspapers decrying human rights “madness” and welcoming freshly minted (but fairly familiar) Conservative Party policy plans to condemn the HRA to history, this is a good message to remember.

The proposals are incoherent in their consideration of domestic law, incomplete in their engagement with the devolved constitution and disrespectful to the UK’s commitments in international law. They undermine the cause of bringing rights closer to home and seemingly have no care for progress of minimum standards in the wider world.

What rights?
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No legal aid cuts to avoid bad days in court

18 May 2011 by

R (on the application of Evans) v The Lord Chancellor and Secretary of State for Justice [2011] EWHC 1146 (Admin) – Read judgment

The High Court has found that the Ministry of Justice, when making a decision to cease the state’s funding of judicial review challenges on purely public interest grounds (apart from one exception), took into account the fact that to do so would reduce the number of decisions being made which were not in the government’s interests. Unsurprisingly, the Court to concluded that the decision was unlawful and should be quashed.

The Applicant applied for judicial review of a decision by the Respondent to amend the Legal Services Commission (LSC) Funding Code, which funds litigation for those who meet certain criteria. The effect of the amendments, which were introduced in April 2010, was to prevent public funding by the LSC for judicial review proceedings (challenging decisions of public bodies) which were pure public interest challenges. That is, where the Applicant stood to gain nothing from the litigation and was bringing it solely to promote a particular public interest. The one exception was in environmental cases.

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Judicial Review Concessions, Gay Olympic Controversy, and Defamation in Europe – the Human Rights Roundup

10 February 2014 by

Anti-Putin protestWelcome back to the UK Human Rights Roundup, your regular sporting extravaganza of human rights news and views. The full list of links can be found here.  You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney. 

Last week, the Justice Secretary published the Criminal Justice and Courts Bill.  The implications of his revised proposals for judicial review reform are considered in this week’s roundup, along with controversy over gay rights at the Winter Olympics and recent trends in defamation cases before the Court of Human Rights.


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Tags


Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs Court of Protection crime Cybersecurity Damages data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany Google Grenfell Health high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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