Othman v UK

January 17, 2012

On 17 January 2012 the European Court of Human Rights (ECtHR) handed down its judgment in Othman (Abu Qatada) v UK.  It was on appeal from the House of Lords cases RB and U (Algeria) v Secretary of State for the Home Department and Secretary of State for the Home Department v OO (Jordan) which […]

The right to legal assistance- EU Procedural Safeguard Measure C

December 19, 2011

What is Measure C? Measure C of the Road Map on procedural safeguards for suspects in criminal cases was presented in the form of a proposal for a directive on the right to a lawyer in criminal proceedings and on the right to communicate upon arrest in June 2011. We reported on the progress of […]

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 […]

Al Khawaja and Tahery v United Kingdom

December 15, 2011

The Grand Chamber of the European Court of Human Rights was asked to consider whether the hearsay provisions of the Criminal Justice Act 2003 are compatible with the right to confront adverse witnesses under article 6(3)(d) of the Convention. The significance of the issue was underlined by the further judgment of the UK Supreme Court in […]

Al Jedda v UK

July 7, 2011

Al Jedda involved the indefinite detention of a dual British/Iraqi citizen in a Basra facility run by British forces. In 2007, the House of Lords ruled unanimously that the detention was lawful because the UK government had been authorised by UN Security Council resolution 1546. JUSTICE had intervened in the case before the House of […]