Search Results for: prisoners/page/16/ministers have been procrastinating on the issue, fearing that it will prove unpopular with the electorate.
6 July 2020 by Jonathan Metzer
The latest reports of HM Chief Inspector of Prisons and the Parliamentary Joint Committee on Human Rights lay bare the conditions in some British prisons.
Some of the language that is used to describe living conditions in the Chief Inspector’s report is shocking – including “appalling”, “squalid”, “intolerable”, “extremely squalid” and beset with “vermin and filth”.
The Chief Inspector’s view is that such conditions “should not feature in 21st century jails”. This conclusion was expressed prior to the further impact caused by the Covid-19 pandemic.
Since the pandemic, the Government has introduced measures to address the risk of contagion including a blanket ban on visits since around 24th March which has still not been revisited despite the Covid-19 threat level having been reduced to level 3 on 19th June.
The conclusion of the Parliamentary Joint Committee on Human Rights is that the Government’s response and the deficiencies in the measures to mitigate the impact of this “have put at risk the right to family life of up to an estimated 17,000 children of mothers in prison”.
In the view of this author, the evidence indicates that in several respects the UK may well be in breach of vital protections for prisoners and their families under Articles 3 and 8 of the European Convention on Human Rights (ECHR). This extended piece will examine these issues in detail.
Continue reading →Like this:
Like Loading...
7 May 2010 by Adam Wagner
See a more recent post on this topic here
One of the enduring images of the 2010 General Election will be of long queues of people turned away from polling stations due to lack of facilities. This may well result in legal action. But according to Lord Pannick, the worse scandal may be the exclusion of 85,000 prisoners, which he says is “a constitutional disgrace that undermines the legitimacy of the democratic process”.
The BBC reports this morning that hundreds of voters were turned away from polling stations throughout the UK. This was initially blamed on a higher than expected turnout. The Electoral Commission has promised a “thorough review“, but legal action may follow from the individuals, who have been denied their basic rights, but also from the parties who may argue that marginal results would have been different if people hadn’t been turned away. In the likely outcome of a hung parliament, every seat counts and litigation may therefore follow (Update – Afua Hirch in The Guardian: Legal challenge to polling stations could result in byelections; meanwhile, Liberty, the human rights organisation, says that it will investigate the issue on behalf of voters.)
Those who have been disenfranchised may be entitled to claim under the Human Rights Act 1998. Article 1, Protocol 3 of the European Convention provides:
“The High Contracting Parties shall hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.”
This Article imposes obligations on States, and the provision includes the right to vote. Voters should be able to claim for damages under section 8 of the Human Rights Act if they can prove that they were denied a vote due to administrative incompetence, which appears to have been the case in some places. Whilst high turnout may have been a factor, voters will argue that high turnout has been predicted for a while, and should have been planned for. Similar claims were made in respect of the controversial 2000 presidential election in the United States, which was ultimately decided by the US Supreme Court, but resulted in months of paralysis.
85,000 claims?
Whilst a few hundred appear to have been affected by administrative incompetence, Lord Pannick, barrister and cross-bench peer, argues that the absolute ban on prisoners voting runs contrary to repeated decisions of the European Court of Human Rights. We have posted recently on the tens of thousands of potential compensation claims that may result, which Lord Pannick estimates will be worth at least £750 each. Similar claims may be available to those who were denied the vote for other reasons.
Lord Pannick is scathing of the Government’s failure to implement the European decisions. He says:
Continue reading →
Like this:
Like Loading...
25 October 2012 by Adam Wagner
No means no
The Government has until 22 November to put forth legislative proposals in order to comply with the court’s rulings on prisoner votes.
I will not retrace the bizarre flip-flop which took place yesterday afternoon as the Attorney General appeared to say one thing about implementing the judgment (it’s complicated) and then the Prime Minister another (no way). Joshua Rozenberg has it right when he calls the situation “profoundly depressing”. For the full background, see my post on Scoppola No. 3, the last judgment on the issue.
I do have three thoughts on the current situation. First, it has become popular to say that there may be a way of solving the crisis which doesn’t require the UK to give any more prisoners the vote, which would be to tell the European Court of Human Rights that we already let remand prisoners and others who haven’t paid fines vote. The argument has been made variously by the BBC’s Nick Robinson, The Independent’s John Rentoul and even last night by a member of the Justice Select Committee, Nick de Bois MP – he told BBC Radio 4 (from 26:25) that “you could almost argue that there isn’t a blanket ban… for example someone on prison on remand or.. for not paying a fine doesn’t lose their right to vote” (I am interviewed immediately afterwards).
In short, unless I am missing something, this argument seems bound to fail.
Continue reading →
Like this:
Like Loading...
4 April 2013 by Rosalind English
The Queen (on the Application of James Dowsett) v Secretary of State for Justice [2013] EWHC 687 (Admin) – read judgment
The secretary of state’s policy in respect of rub-down searches of prisoners, which allows cross-gender searches in the case of male prisoners but not for female prisoners, does not discriminate against male prisoners on grounds of sex.
Background
The claimant, who has been a serving prisoner since 1989, challenged Secretary of State’s policy made under section 47(1) of the Prison Act 1952. This is the policy on so-called “rub-down” searches and, in particular, the policy that a male prisoner cannot normally object to such searches conducted by a female prison officer other than when his case falls within the exceptions based on “religious” or “cultural” grounds (a cultural ground means an objection that arises from a sincerely and deeply held belief, so it is not clear how this ground differs from religion). In consequence, the claimant had been searched by female officers on many occasions. Current policy with regard to female prisoners was that they could only be searched by female staff.
Continue reading →
Like this:
Like Loading...
22 May 2012 by Adam Wagner
CASE OF SCOPPOLA v. ITALY (No. 3)(Application no. 126/05) – Read judgment / press release / press release on UK implications
The Grand Chamber of the European Court of Human Rights has ruled that states must allow for at least some prisoners to vote, but that states have a wide discretion as to deciding which prisoners. This amounts to a retreat on prisoner votes, but certainly no surrender. As I predicted, the court reaffirmed the principles set out in Hirst No. 2, that an automatic and indiscriminate bans breach the European Convention on Human Rights, but also reaffirmed that it was up to states to decide how to remove those indiscriminate bans.
I have compared the prisoner voting issue to a ping-pong ball in a wind tunnel. Today’s ruling means that the ball is now back on the UK’s side of the table.
Although Scoppola is a case which arose in Italy, the decision is of critical important to the UK for two reasons. First, the Court has made clear to the UK Government that it now has six months from today to bring forth legislative proposals which will end the blanket disenfranchisement of prisoners – see the Court’s helpful press release which explains the effect on the UK. Secondly, the Grand Chamber has now clarified the basic outline of how it expects states to comply with the original prisoner votes ruling, also of the Grand Chamber, in Hirst No. 2. For the full background, see my post from last week or Joshua Rozenberg’s excellent article on Guardian.co.uk.
Continue reading →
Like this:
Like Loading...
24 January 2017 by Dominic Ruck Keene
Sir Edward Coke’s bold assertion in 1605 of one of the cornerstones of the unwritten constitution of the United Kingdom has been upheld today in a hugely important decision by the Supreme Court. In R(Miller) v Secretary of the State for Exiting the European Union [2017] UKSC 5, the Supreme Court today ruled 8-3 that an Act of Parliament was required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. This post focuses on the decisions made in relation to the more legally significant claim that this Article 50 notice could not be given without Parliamentary approval, rather than those made in relation to the devolution claims – although in terms of practical political impact, a ruling that the devolved assemblies had to approve the giving of notice would have been far more disruptive to the Government’s plans.
Lord Neuberger, with whom Lady Hale, and Lords Mance, Kerr, Sumption, Clarke, Wilson and Hodge agreed), gave the judgment for the majority. He introduced the case by putting the issue very simply “The question before this Court concerns the steps which are required as a matter of UK domestic law before the process of leaving the European Union can be initiated.”
Continue reading →
Like this:
Like Loading...
18 April 2017 by Thomas Beamont
The Court of Appeal last week partially granted an application for judicial review of the cuts to Legal Aid in certain categories of prison law. The judgment may change the face of legal representation for prisoners across the UK.
Continue reading →
Like this:
Like Loading...
27 February 2018 by Jonathan Metzer
One way for an immigrant to gain the right to be in the UK is by making an application under the Immigration Rules. But these applications are relatively expensive and the requirements have become increasingly stringent (e.g. in a case of a partner, the normal minimum income requirement of £18,600 p/a, which was upheld by the Supreme Court).
For as long as the UK remains in the EU, there is also an alternative option – an application under the Immigration (European Economic Area) Regulations. This offers a route for the family of an EU citizen to apply for a UK residence card.
But the law in this area concerning the right of appeal has been on the move. This article will aim to give an update of where we are up to and what is still yet to be decided.
UPDATED following the Advocate General’s opinion in Banger – see end of this post.
Continue reading →
Like this:
Like Loading...
18 November 2012 by Adam Wagner
It is being reported that Parliament will, after all, get the opportunity to decide whether the blanket ban on convicted prisoners being able to vote will be lifted. MPs could get three options to choose from, including removing the ban for prisoners serving six months or less and those serving four years or less. A third option will be to maintain the status quo, with no convicted prisoners being able to vote.
The crucial question is: will this be enough to satisfy the Council of Europe, which monitors compliance with judgments of the European Court of Human Rights? The Government appears to think so. For my part, I am not so sure. To explain why, it is important to get a few of the facts right first.
Continue reading →
Like this:
Like Loading...
23 November 2010 by Adam Wagner
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 could face significant consequences.
The warning came by way of the judgment in a new case concerning the continued failure to amend the legislation imposing a blanket ban on voting in national and European elections for convicted prisoners in detention in the United Kingdom. The court, following its own five-year-old decision in Hirst No . 2, found a violation of Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights but no violation of Article 13 (right to an effective remedy) of the Convention.
Continue reading →
Like this:
Like Loading...
29 April 2010 by Kate Beattie
R (D and M) v Secretary of State for Work and Pensions; R (EM) v Secretary of State for Work and Pensions [2010] EWCA Civ 18
Read judgment
With apologies, this post originally appeared with the wrong title
The Court of Appeal has ruled on two linked challenges to the entitlement to welfare benefits of prisoners detained in psychiatric hospitals. One claim alleged unlawful discrimination as compared with other psychiatric patients not serving sentences, in breach of Article 14 ECHR, taken together with Article 1 Protocol 1 ECHR. The other claim raised a point of construction of the relevant regulations affecting one category of such prisoners
The discrimination aspect of the case considered two categories of convicted, sentenced prisoners: those transferred to psychiatric hospitals under section 47 of the Mental Health Act 1983, and those subject to hospital and limitation directions under section 45A of the Act. Prisoners in the first category are transferred after sentence, and generally after serving time in prison, while those in the second were subject to a direction at the same time as they are sentenced. Such prisoners were to be contrasted with, on the one hand, convicted prisoners who serve their sentence in prison and, on the other, patients who have been detained under purely civil law powers or under section 37 of the Act (that is, following conviction, but without any sentence having been passed).
Continue reading →
Like this:
Like Loading...
12 February 2014 by Rosalind English
Litvinenko, R (On the application of) v Secretary of State for the Home Department [2014] EWHC 194 (Admin)- read judgement
Neil Garnham QC and Neil Sheldon of 1 Crown Office Row represented the Secretary of State in these proceedings. They had nothing to do with the writing of this post.
This was an application by the widow of Alexander Litvinenko for judicial review of the refusal by the Secretary of State for the Home Department to order the setting up of a statutory inquiry into his death in London in November 2006. The Secretary of State had been asked to set up such an inquiry by Sir Robert Owen, the judge appointed to conduct the inquest into Mr Litvinenko’s death as Assistant Coroner.
Factual and Legal Background
Mr Litvinenko was taken ill on 1 November 2006 and died in University College Hospital on 23 November. There appears to be no doubt that the cause of death was radiation poisoning as a result of the ingestion of a radioactive substance, polonium 210. An “extremely thorough” investigation into the death was carried out by the Metropolitan Police Service with the assistance of the Atomic Weapons Establishment, Public Health England, the Health and Safety Executive, the Forensic Science Service and other external experts.
Continue reading →
Like this:
Like Loading...
6 July 2012 by Rosalind English
R(on the application of S and KF) v Secretary of State for Justice [2012] EWHC 1810 (Admin)- read judgment
This case about prisoner’s pay provides an interesting up to date analysis of the role of the doctrine of “margin of appreciation” and its applicability in domestic courts.
Margin of appreciation is a doctrine of an international court: it recognises a certain distance of judgment between the Strasbourg court’s overall apprehension of the Convention principles and their application in practice by the national authorities. In theory it has no application in domestic disputes but ever since the Human Rights Act introduced Convention rights into domestic law there has been an ongoing debate about its applicability at a local level. This case demonstrates the importance of its role in the assessment, by the courts, of the compatibility of laws and rules with Convention rights.
Continue reading →
Like this:
Like Loading...
20 December 2011 by Rosalind English
Desmond Grant and Roger Charles Gleaves v Ministry of Justice High Court (Queen’s Bench Division) 19 December 2011 – read judgment
The High Court (Mr Justice Hickinbottom) has today dismissed claims by two prisoners that their rights under Articles 3 and 8 of the European Convention on Human Rights were violated by the prison conditions in which they were detained.
The following is based on the High Court’s summary of the case.
About 360 long term prisoners, who were at HMP Albany between 2004 and 2011, brought claims that their right not to be subjected to inhuman or degrading treatment or punishment under Article 3 and their right to respect for private and life under Article 8 had been violated by the regime under which they were detained in that prison, which included the use of a bucket for toilet purposes when they were in a locked cell and the later emptying of the bucket at a sluice (“slopping out”). Five lead claims were selected, of which two reached trial.
Continue reading →
Like this:
Like Loading...
20 January 2011 by Adam Wagner
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 that the UK will have to pay if it does not comply with a 6-year-old judgment of the European Court of Human Rights (see my last post on the issue for the full background). But where did this figure arise from? And is it right?
Continue reading →
Like this:
Like Loading...
Recent comments