Cadder v Her Majesty’s Advocate [2010] UKSC 43 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 […]
Procedural safeguards in the EU
December 19, 2009
What are procedural safeguards? The term ‘procedural safeguards’ refers to the protections afforded to a defendant in the course of criminal proceedings. The European Commission Green Paper and Proposal for a Council Framework Decision on procedural safeguards adopted the phrase to refer to this aspect of criminal procedure in the area of police and judicial […]
International Commission of Jurists (ICJ)
What is the International Commission of Jurists? The ICJ is an international non-governmental organisation which promotes human rights and the rule of law. Its membership consists of sixty eminent jurists from around the world. Its new President is Mary Robinson, former United Nations High Commissioner for Human Rights and former President of the Republic of […]
The Lisbon Treaty
Why is the Lisbon Treaty necessary? The current treaty base to the European Union (EU) has developed between 1958 when the European Economic Community (EEC) was formed and the 2003 Nice Treaty. The founding members of the European Coal and Steel Community (ECSC) comprised of six member states. The 15 member states that approved the […]
The parole system of England and Wales
What is Parole? ‘Parole’, a word originally meaning ‘word of honour’, is used in modern-day England and Wales to describe the release of a prisoner on licence by the Parole Board while his or her sentence is still ongoing. ‘Conditional’ release occurs in circumstances where the sentence is still ongoing and the prisoner can be […]
S. and Marper v United Kingdom [2008]
December 4, 2008
S. and Marper v United Kingdom (Applications nos. 30562/04 and 30566/04) 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 […]
EM (Lebanon) v Secretary of State for the Home Department [2008]
October 22, 2008
Torture in UK law
January 6, 2008
Torture is illegal, right? Yes. The use of torture has been contrary to common law for several centuries, and the UK was well ahead of many other European jurisdictions in abolishing its use. Although the common law prohibited torture, however, the Privy Council continued to issue torture warrants until Felton’s case in 1628 and it […]
Homicide law reform
Why is homicide law reform topical? The government are proposing several changes to the law of homicide in their consultation Murder, Manslaughter and Infanticide: proposals for reform of the law.((Ministry of Justice, July 2008)) It is expected that these proposals, or modified versions of them, will form part of the Law Reform, Victims and Witnesses […]
Regulation of Investigatory Powers Act 2000
What is the Act about? What are the ‘Investigatory Powers’ it regulates? The Regulation of Investigatory Powers Act 2000, or ‘RIPA’ as it is commonly known, governs the use of covert surveillance by public bodies. This includes bugs, video surveillance and interceptions of private communications (eg phone calls and emails), and even undercover agents (‘covert […]