The case was heard by the UK Supreme Court on 5th to 8th March 2012, together with another case from Scotland BH and KAS v The Lord Advocate. Judgment was given to both cases on 20th June 2012. This case concerned extradition and the rights of children: whether extradition would be incompatible with the rights of the […]
Rabone v Pennine Care NHS Trust
February 8, 2012
In this case, the Court was asked to consider whether there is a preventive operational obligation under Article 2 of the ECHR to informal psychiatric patients to safeguard their lives when at risk of suicide. Also, whether parents of the deceased are victims for the purposes of bringing a claim under the Human Rights Act. […]
Othman v UK
January 17, 2012
Scotland Bill
January 8, 2012
Following agreement of both Houses on the text of this Bill it achieved Royal Assent on 1 May 2012. The Bill is now an Act of Parliament. The Bill will implement recommendations of the Final Report of the Commission on Scottish Devolution (the Calman Commission). It would make a number of adjustments to the boundary […]
The right to legal assistance- EU Procedural Safeguard Measure C
December 19, 2011
Government’s plans to change law on family migration
What is the government proposing to do? The government wishes to reduce net immigration to the UK as well as to prevent abuse of the immigration system. It has, therefore, made a number of proposals to tighten requirements for third-country nationals wishing to join family members in the UK, as well as to change/clarify the […]
Proposed changes to the law on anti-social behaviour
The Home Office issued a consultation paper in February 2011, More Effective Responses to Anti-Social Behaviour, to which JUSTICE responded. What changes is the government proposing? The main measures proposed by the consultation paper are the Crime Prevention Injunction (CPI) and the Criminal Behaviour Order (CBO). The CPI would be available on the application of […]
EU procedural safeguards update
What is happening? Since we last mentioned procedural safeguards in edition 9 (Spring 2009), where we outlined the need for protection of suspects’ rights in criminal matters, and informed that the Swedish Presidency would bring the issue back to the EU agenda, much work in this area has taken place. The Swedish Roadmap was adopted […]
Arrest warrants for international crimes
What is happening? The government is seeking to change the law to prohibit the issue of an arrest warrant by a magistrate on application by a private citizen against a person suspected of one of a list of international crimes – torture, war crimes, piracy and hijacking – unless the Director of Public Prosecutions gives […]
Reforming Scots Criminal Law and Practice
December 18, 2011
The Scottish government set up a review of criminal justice following the decision in Cadder v HMA in October 2010, which held that suspects detained in police custody should be afforded access to legal advice and assistance, otherwise use of interview evidence in the course of a prosecution could breach their right to a fair […]