Search Results for: prisoners/page/46/ministers have been procrastinating on the issue, fearing that it will prove unpopular with the electorate.


Supporting terrorism and the criminal law [updated]

13 July 2010 by

The criminalisation of support for terrorist organisations has arisen in various domestic and international contexts recently, and it is likely that the issue will continue to attract controversy as states attempt to trace the boundaries of what can fairly be considered “support” for terrorism, and risk criminal legislation unjustifiably infringing on human rights.

The Human Rights in Ireland blog has posted the first in a series addressing the issue (update – the second post in the series is now available, see below). In the post, Dr. Cian Murphy suggests that “One of the most corrosive effects on political freedom during the “war on terrorism” has been that caused by material support legislation.” He goes on to refer to three recent decisions, including the 2008 Kadi case on EU implementation of UN sanctions against individuals linked to the Taleban, al-Qaeda and bin Laden (see ASIL case comment).

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Manifestation of religious belief: Smith v Manchester City Council [2025] EWHC 2987 (KB)

4 December 2025 by

By Georgina Pein

To what extent does the law afford protection to couples looking to foster children, in circumstances where that couple possesses (and vocalises) strong religious beliefs? This was the issue for consideration before Turner J, who heard this appeal in the King’s Bench Division of the High Court. Judgment was handed down on 18 November 2025.


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HS2 challenges fail, except “unlawful” consultation on compensation

15 March 2013 by

_65547471_65547470R (o.t.a Buckingham County Council and others) v. Secretary of State for Transport, 15 March 2012, Ouseley J  – read judgment – Updated

In a 259-page judgment, Ouseley J has today rejected all but one of the challenges brought to the Government’s plans for HS2. This is the proposed high speed rail link to Birmingham, and potentially beyond.  The host of challengers (including local authorities, local residents and action groups (under the umbrella of HS2AA), and  – wait for it – Aylesbury Golf Club) brought a host of challenges – 10 in all, of which 9 were unsuccessful. I shall do my best to summarise those of wider interest.

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Have the Tricycle Theatre broken the law by refusing to host the Jewish Film Festival?

7 August 2014 by

TRICYCLE-UKJFFUpdated | It emerged on Tuesday the Tricycle Theatre in Kilburn has refused to host the UK Jewish Film Festival (UKJFF) for the first time in eight years. The theatre told UKJFF that they must reject longstanding funding from the Israeli Embassy if they wanted to use the venue. UKJFF refused and the relationship ended.

There has already been some excellent writing: see Nick Cohen, Archie Bland and Dorian Lynskey. Cohen makes a powerful case for the decision being anti-Semitic. I’m not going to go there, although as I have been saying on Twitter, in my view this is a bad move by the Tricycle. I thought it would be interesting, however, to investigate whether the Tricycle may have broken any laws.

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What happened to open justice? Further analysis on torture evidence secrecy decision

9 March 2012 by

In W (Algeria) (FC) and BB (Algeria) (FC) and others v Secretary of State for the Home Department [2012] UKSC 8 – read judgment 

The Supreme Court has made a difficult decision. It is sometimes said that hard cases make bad law: this ruling may prove to be a good example of that cliché. The court was not being asked whether the Special Immigration Appeals Committee (SIAC) was legally allowed to issue orders that means evidence “will forever remain confidential” but rather the question was, “can SIAC ever properly make an absolute and irreversible order.”

The principles of open justice would tend towards the answer being no – but the court prioritised the welfare of the witness and allowed the order.


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Same-Sex Marriage, Child Protection and Extraordinary Rendition – The Human Rights Roundup

17 December 2012 by

gaycoupleWelcome 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.

Same-sex marriage continued to dominate the news this week, with the Church making its views known on the government’s proposals.  Meanwhile, the Supreme Court has been making delicate decisions about the rights of young persons to anonymity in proceedings relating to allegations of abuse.  It would not be a newsworthy week were there not some reference to prisoner voting, and this week the UK was given a pre-emptive warning by the Council of Europe on the matter.  Finally, commentators have been anticipating the imminent publication of the findings of the Commission on a Bill of Rights.

by Daniel Isenberg


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Azelle Rodney, Gay Rights and the Cabinet Shuffle – The Human Rights Roundup

9 September 2012 by

Welcome back to the UK Human Rights Roundup, your weekly booster shot 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

Now that the Games are ending along with the August legal vacation, human rights news is back in force – it’s been a big week for commentary. Our top stories this week: gay rights, religious freedom and what the new Cabinet roster may mean for our justice system.


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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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10 human rights cases that defined 2015

23 December 2015 by

Supreme Court

Photo credit: Guardian

It has been a fascinating year in which to edit this Blog. Political and social challenges – from continued government cuts to the alarming rise of Islamic State – have presented new human rights conundrums that have, as ever, slowly percolated to the doors of the country’s highest courts. And all this during the year of an astonishing General Election result and amid continually shifting sands around the future of the Human Rights Act.
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Miranda Detention, Whole Life Tariffs and a Supreme Court ‘Holy Man’ – the Human Rights Roundup

25 February 2014 by

HRR MirandaWelcome back to the UK Human Rights Roundup, your regular high water mark 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. 

This week, the detention of David Miranda (pictured) was declared lawful by the High Court, while, in other news, the Court of Appeal has thrown in its lot to the saga of the whole-life tariff and the Supreme Court considered the thorny issue of religion and law.


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Murder, toil and trouble – three new Supreme Court judgments

25 May 2011 by

The Supreme Court has delivered three judgments this morning, all of which are of interest from a human rights perspective. We will cover them in more detail soon, but for now, a brief summary. 

First, murder. In 2003 Nat Fraser was convicted of murdering his wife and sentenced to 25 years in prison. In Fraser (Appellant) v Her Majesty’s Advocate (Respondent) [2011] UKSC 24, the court unanimously decided to quash his conviction send back to a Scottish appeal court the question of whether a new prosecution should be brought.

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Buying time on prisoner votes – The Roundup

7 March 2011 by

It’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.

by Graeme Hall

In the news:

Although prisoner voting appears to have taken a back seat this week, the Daily Mail has reported that the UK government has asked the European Court of Human Rights to refer the decision of Greens and MT v UK to the Grand Chamber. This judgment gave compensation to two prisoners because the UK had failed to implement the court’s decision in Hirst v UK (No. 2). According to the article, the government wants to refer this decision to the court’s appeal chamber because the issue of prisoner voting rights has now been debated in Parliament. See our previous post on Greens and MT v UK, as well as our most recent summary of the ongoing prisoner voting issue. A BBC programme about the Strasbourg court can be accessed via the ECHR blog.

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Eight Trends and Eight Challenges to the European Court of Human Rights – Paul Harvey

16 February 2016 by

Strasbourg_ECHR-300x297Introduction

The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.

(1) Security

The Court will continue to grapple with the security situation in Eastern Europe. Foremost on its docket are the inter-state cases involving Russia and Ukraine, but the Grand Chamber will also return to the issue of jurisdiction in Transdniestria in Mozer v. Moldova and Russia, in which it held a hearing on 4 February 2015.

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CA says ex-pats cannot say yes or no to Brexit

23 May 2016 by

feb1957854b3b7ec1c58e7c35c4c4503_LSchindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 469  20 May 2016 – read judgment

Last month, I posted here on this challenge to the rule stopping long-time expatriates from voting on the Brexit proposals. The case went swiftly to the Court of Appeal, who, today, swiftly dismissed the expats’ appeal. 

The challengers said that the 15 year rule on voting was an unjustified restriction of the rights of freedom of movement under EU law, not least because if the UK were to leave the EU, they would end up without rights of abode in their current EU countries.

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Victims of human trafficking: can they be criminals as well?

22 February 2021 by

V.C.L. and A.N. v the United Kingdom (16 February 2021)

Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking. 

Background

It was only at the turn of the century that the first comprehensive international instrument on human trafficking was adopted. The Palermo Protocol established a number of obligations to prevent trafficking, punish traffickers and protect victims of trafficking. It defines trafficking as:

the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs

There are therefore three elements to trafficking: (i) action (recruitment, transportation, transfer, harbouring or receipt); (ii) means (threat or use of force or other forms of coercion etc.); and (iii) purpose (exploitation). When trafficking involves a child, the ‘means’ element of the test does not apply.


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A2P1 Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity appeal Appeals Arrest Art 2 Article 1 Article 1 Protocol 1 Article 2 article 3 article 3 protocol 1 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos Assisted Dying assisted suicide assumption of responsibility asylum Attorney General Australia autism benefits Best Interest Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Business care orders Caster Semenya Catholicism Chagos Islanders charities Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Closed Material Proceedings Closed proceedings Coercion common law confidentiality consent conservation constitution contempt contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Arbitration for Sport Court of Protection covid crime Criminal Law Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability discipline disclosure Discrimination disease divorce DNA domestic violence DPA drug policy DSD Regulations duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment environmental rights Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice euthanasia evidence extradition extraordinary rendition Extraterritoriality Fair Trials Family family law Fertility FGM Finance findings of fact football foreign criminals foreign office Foster France freedom of assembly Freedom of Expression freedom of information freedom of speech Free Speech Gambling Gay marriage Gaza gender Gender Recognition Act genetics Germany gmc Google government Grenfell Hate Speech Health healthcare high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration immunity India Indonesia information injunction injunctions inquest Inquests international law internet interview Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Journalism Judaism judicial review jury jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legal ethics legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health mental health act military Ministry of Justice Mirror Principle modern slavery monitoring murder music Muslim nationality national security NHS Northern Ireland NRPF nuclear challenges nuisance Obituary open justice Osman v UK ouster clauses PACE parental rights Parliament parliamentary expenses scandal Parole patents Pensions Personal Data Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Procedural Fairness procedural safeguards Professional Discipline Property proportionality proscription Protection of Freedoms Bill Protest Protocols Public/Private public access public authorities public inquiries public law reasons regulatory Regulatory Proceedings rehabilitation Reith Lectures Religion Religious Freedom RightsInfo Right to assembly right to die Right to Education right to family life Right to life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia S.31(2A) sanctions Saudi Arabia school Schools Scotland secrecy secret justice Section 55 separation of powers Sex sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Sports Law Standing statelessness Statutory Interpretation stop and search Strasbourg Strategic litigation suicide Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture Transgender travel travellers treaty tribunals TTIP Turkey UK UK Constitutional Law Blog Ukraine UK Supreme Court Ullah unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability voting Wales war War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WINDRUSH WomenInLaw World Athletics YearInReview Zimbabwe