JUSTICE Scotland

November 14, 2014

JUSTICE Scotland was launched on 13 July 2012. Our work includes answering proposals for root and branch reform to the justice system in both criminal and civil areas. We have responded to government consultations and draft legislation. We have built relationships with other interest groups, civil society, lawyer organisations and parliamentarians. We intervened in the […]

Contact us

November 12, 2014

Please do contact us if you have any questions or comments about the network, or if you are interested in hosting a joint event. You can contact us using the form below or by calling our switchboard on 020 7329 5100.

Article 4: Prohibition from Slavery and Forced Labour

November 11, 2014

What does Article 4 say? (1) No one shall be held in slavery or servitude. (2) No one shall be required to perform forced or compulsory labour. Are there any qualifications, limitations or an ability to derogate? Not from Article 4(1). Derogations are possible from Article 4(2) and there are also exemptions in 4(3), namely: […]

Article 6: Right to a Fair Trial

What does Article 6 of the European Convention on Human Rights cover? In general, it deals with fair trial rights. However, its implications go further. For example, the requirement of judicial impartiality precipitated reform of the centuries-old position of the Lord Chancellor in order to end the confusion of judicial, executive and legislative roles. ((A […]

Article 5: Right to Liberty and Security

What is the core right protected? The right to liberty and security of the person Are there any exceptions? (a) detention after conviction; (b) arrest or detention for non-compliance with a court order or in order to secure the fulfilment of any legal obligation; (c) arrest or detention of a person on reasonable suspicion of […]

Article 3: Prohibition of Torture

What does Article 3 say? No one shall be subject to torture or inhuman or degrading treatment or punishment. Does this create an absolute right which cannot be qualified in any way or derogated from in any circumstances? Yes. What are the definitions of ‘torture’, ‘inhuman’ and ‘degrading’ for the purposes of the ECHR? The […]

Article 2: Right to Life

November 10, 2014

What provisions of the European Convention on Human Rights cover the right to life? Article 2. Protocols 6 and 13. What is protected under Article 2? Everyone’s right to life shall be protected by law. No one shall be deprived of his own life intentionally save in the execution of a sentence of a court […]

EM (Lebanon) v SSHD [2008]

Facts The woman – referred to only as EM due to reporting restrictions – came to the UK in 2004 with her son (referred to as AF), then aged eight. EM had divorced her husband in Lebanon due to his violent behaviour. The father had been imprisoned for theft and for failing to support AF. […]

S and Marper v UK [2008]

Facts The first applicant, Mr S., was arrested in January 2001 at the age of eleven and charged with attempted robbery. His fingerprints and DNA samples were taken but he was subsequently acquitted. The second applicant, Mr Marper, was arrested in March 2001 and charged with harassment of his partner. His fingerprints and DNA samples […]

Cadder v HM Advocate [2010]

Facts Cadder was detained by the police on suspicion of serious assault and cautioned in line with Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995. He was told that he was entitled to have a solicitor informed of his detention but he did not exercise that right and so he was interviewed […]