In the UK, some 60 prisoners are serving "whole life" sentences for murder. One of them is Levi Bellfield who has received whole life terms on two occasions. His first whole life term relates to the murders of Marsha McDonnell and Amélie Delagrange. His second whole life term was imposed in June 2011 for the murder of 13-year old Amanda ("Milly") Dowler.
Responsible and sometimes critical comment on topical legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice. Pro Aequitate Dicere
Tuesday, 17 May 2022
Levi Bellfield ~ Human Rights
In the UK, some 60 prisoners are serving "whole life" sentences for murder. One of them is Levi Bellfield who has received whole life terms on two occasions. His first whole life term relates to the murders of Marsha McDonnell and Amélie Delagrange. His second whole life term was imposed in June 2011 for the murder of 13-year old Amanda ("Milly") Dowler.
Thursday, 12 May 2022
UK / EU / Northern Ireland - yet again !
When my country (the UK) was a member, I often wished that the EU would enact fewer "rules" and concentrate on the essentials. I also wished that military matters were kept for the member states and NATO and were not at all within the remit of the EU.
Nonetheless, the EU is a hugely powerful economic entity - Economy (europa.eu) - and in so many other ways it is a force for the better. For me,
Wednesday, 11 May 2022
Queen's Speech May 2022
See the text of the speech - Queen’s Speech 2022 - GOV.UK (www.gov.uk)
Lengthy (140 pages) background briefing notes have been published by the government - Queen's Speech 2022: background briefing notes - GOV.UK (www.gov.uk)
Aspects of this considerable programme
Friday, 6 May 2022
Magistrates' Courts - increase in sentencing powers
Section 154 began - "A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence." This was noteworthy because it would have increased the maximum (for either way offences) from 6 months to 12 months BUT section 154 required a commencement order to bring it into force and such an order was never made.
Section 154 was repealed by the Sentencing Act 2020 but section 224 retained the 6 month limit.
The Judicial Review and Courts Act 2022
Friday, 29 April 2022
The Coronavirus pandemic and care homes ~ High Court
Within the UK coronavirus still results in a considerable number of new cases (112,705 are reported in the period 22 to 28 April). In the same period, 1628 deaths are recorded - that is, deaths within 28 days of a positive covid test. Of course, not all such recorded deaths will be have been caused by covid. For the time being, the government continues to publish data -
UK Summary | Coronavirus (COVID-19) in the UK (data.gov.uk)
During the early stages of the pandemic, the government decided that protecting the NHS from being overwhelmed was a priority. I do not criticise or comment further on that policy save to note that, as a consequence of the policy, the government commissioned the building of a number of "Nightingale Hospitals" and also developed a policy of discharging elderly patients from NHS hospitals to care homes.
Regarding discharges
Sunday, 17 April 2022
UK and Rwanda ~ "mechanism" to relocate asylum seekers
The government's Nationality and Borders Bill - ( now almost through Parliament) - seeks to change the law so that such removal is legally possible. Even at this very late stage, the House of Lords still has opportunity to oppose this change.
The government argues that it is appropriate to remove an asylum seeker to a "a safe third country while their claim for asylum is pending." To that end, on 13 April 2022, the Home Secretary (Priti Patel MP) signed a "Memorandum of Understanding" (MoU) with the government of Rwanda (represented by Vincent Biruta - Minister for Foreign Affairs and International Co-operation). The document may be read HERE.
The objectives of the MoU
Wednesday, 13 April 2022
Johnson and Sunak got fixed penalty notices over lockdown gatherings
There may be more to come given that further gatherings held at Downing Street continue to be the subject of police investigation to ascertain whether individuals may have been in breach of legislation "made" by Ministers, and eventually approved by Parliament, which placed restrictions on "gatherings".
The whole point of the regulations was, of course, to try to limit the spread of coronavirus which, at the time, was often causing severe illness and, in many cases, death. Boris Johnson spent time in hospital due to the virus. (Vaccines began to be approved in late 2020).
The draconian nature of the regulations seems to be now fading from the public memory. Many businesses had to close. Many activities were curtailed. Even funerals were subjected to limits on the number of persons permitted to attend. Meanwhile, senior politicians and others attended what were clearly social and not work gatherings in Downing Street.
The Metropolitan Police, like most
Thursday, 7 April 2022
Divorce, Dissolution and Separation - 2020 Act now in force
From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 (legislation.gov.uk) is fully in force - (see Commencement Regulations - SI: 2022/283).
Explanatory Notes accompany the 2020 Act (but are not part of the Act). See also the Ministry of Justice announcement.
The 2020 Act removes the need for couples to either
Thursday, 31 March 2022
Raab to seek further powers ~ Root and branch review of the Parole System
The Parole Board has a crucial and difficult role in the administration of criminal justice. It carries out risk assessments on those prisoners eligible for parole to determine whether they can be safely released into the community.
The Board's website states that "Parole Board decisions are solely focused on whether a prisoner would represent a significant risk to the public after release. The risk assessment is based on detailed evidence found in the dossier (a collection of documents relating to the prisoner) and evidence provided at the oral hearing."
About us - Parole Board - GOV.UK (www.gov.uk)
Reform - some recent background:
In February 2019, the government announced a "tailored review of the Parole Board." At the same time, reviews were to be undertaken ofTuesday, 29 March 2022
Dissolution and Calling of Parliament Act 2022
The 2022 Act repeals the Fixed-term Parliaments Act 2011 (legislation.gov.uk).- (in force 15 September 2011 to 24 March 2022).
The result is that the Prime Minister is able to go to HM The Queen and request a dissolution of parliament which, by convention, will not be refused - (at least not normally refused - see below).
The government has presented the 2022 Act as returning to "tried and tested arrangements."
The 2022 Act -
The 2022 Act comprises just 6 sections and one Schedule - as follows:
Wednesday, 23 March 2022
Human Rights in UK
The article notes that - "Government plans to replace the legislation with a British Bill of Rights would “fatally undermine” protection of rights under the European Convention on Human Rights in domestic law. It would undo the important progress since the HRA became law and leave people with no option but to bring claims to the European Court of Human Rights to vindicate their rights, academics have said."
With the Russian Federation now excluded from the Council of Europe, it is clear to all but the most bone-headed politicians that the government's plans send all the wrong signals at a time when the UK ought to be defending human rights and the European Convention.
For further information about the government's plans see -
Law and Lawyers: Human Rights reform ~ consultation (obiterj.blogspot.com)
23 March 2022
Tuesday, 22 March 2022
Conflict in the Ukraine (8) - Aggression
" ... aggression, ... is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." - Nuremberg judgment 1 October 1946
The former Prime Minister Gordon Brown and many others are calling for a Special Tribunal to be created with a view to trying the Russian President (Vladimir Putin) and his accomplices for the Crime of Aggression in Ukraine -
and please read the Statement and Declaration.
Aggression - its definition and ICC jurisdiction:
The International Criminal Court (ICC) is founded by the Rome Statute of 17 July 1998 - Rome_Statute_English.pdf (icc-cpi.int).
The Statute defines the crime of aggression in Article 8 bis which was added to the Statute following the Kampala Review Conference held in 2010
Reaching agreement
Thursday, 17 March 2022
A UK debt to Iran - a note
See the statement by Elizabeth Truss MP (Secretary of State for Foreign and Commonwealth Affairs).
Their release was reported by The Times 16 March 2022 - The Times view on Nazanin Zaghari-Ratcliffe’s release: Freed from Iran | Comment | The Times - where it argued that the release of "British hostages in Iran is joyful news but owes little to British or American diplomacy ..."
There is a complicated linkage between the holding by Iran of hostages and a debt owed by the UK to Iran. The debt dates back to payment in the 1970s by Iran for Chieftain tanks which were never actually delivered.
How is a UK debt to Iran connected to Nazanin Zaghari-Ratcliffe? - BBC News
Arbitration and litigation:
The UK and Iran went to
Wednesday, 16 March 2022
Conflict in the Ukraine (7) - Russia excluded from Council of Europe
Also on 15 March, the Russian Federation informed the Council of Europe of its withdrawal from the Council and of its intention to denounce the European Convention on Human Rights.
The Russian Federation is excluded from the Council of Europe - Newsroom (coe.int)
Statute of the Council of Europe 1949
PC Harper ~ A Widow's fight for justice (ITV 15 March 2022)
A programme broadcast by ITV highlighted the campaign by the family of PC Andrew Harper for the introduction of a mandatory life sentence for the manslaughter of an emergency worker.
On 15 August 2019, three irresponsible young men - Henry Long, Albert Bowers, Jessie Cole - stole a quad bike. It was a planned theft and something they did frequently. The quad bike was towed away from its owner's property. When confronted by the Police they implemented their escape plan. This required them to disconnect the tow loop from the quad bike and to drive away at speed as soon as all of them were in the car. As they drove away, PC Harper was caught up by the loop which was still attached to the car. He was dragged at high speed over a considerable distance and killed as a result.
Long, Bowers and Cole were charged with murder and stood trial at the Old Bailey before Mr Justice Edis and a jury. The prosecution
Tuesday, 15 March 2022
Protest ~ important High Court judgment
On 30 September 2021, Couzens was sentenced at the Old Bailey to a "whole life term" - Sentencing Remarks.
Reclaim These Streets is "an informal collective" which, prompted by Sarah's disappearance, planned to hold a vigil on Clapham Common on 13 March 2021. The aim was to highlight risks to women's safety and to campaign for changes in attitudes and responses to violence against women.
Following communication with the Metropolitan Police, the planned vigil was abandoned. A number of members
Thursday, 10 March 2022
Covid 19 Inquiry
According to Government Data, at 10 March 2022 there have been 162,624 deaths within 28 days of a positive test for coronavirus.
In the period 4 to 10 March, 371,662 new cases have been reported.
The data shows a declining number of positive tests in January and February but, in March, there is a noticeable increase. There is also a noticeable increase in hospital admissions.
COVID-19: Pandemic 'not over', expert warns amid increasing hospital admissions among older people | UK News | Sky News and COVID-19: Cases up nearly 50% week-on-week - as expert accuses ministers of 'wanting to get rid of data and move on' | UK News | Sky News
Further statistical data is available from the Office for National Statistics - Home - Office for National Statistics (ons.gov.uk)
UK Health Security Agency 10 March 2022 - COVID-19 prevalence continues to decline across England but infection rates remain high - GOV.UK (www.gov.uk)
Inquiry:
In May 2021, the Prime Minister announced
Tuesday, 8 March 2022
Conflict in Ukraine (6) - Economic Crime Bill
The Bill contains 55 clauses divided into 4 Parts - Part 1 (Registration of Overseas Entities), Part 2 (Unexplained Wealth Orders), Part 3 (Sanctions), Part 4 (General). There are also 5 detailed Schedules.
As the Institute for Government points out in an excellent overview, the Bill has been a long time coming and does not go far enough - Economic Crime (Transparency and Enforcement) Bill | The Institute for Government
Prior to late February 2022, the government seemed to be in no great hurry to bring the legislation forward. The appearance was
Sunday, 6 March 2022
Human Rights reform ~ consultation
Ukraine dominates the news
BUT
Don't forget - the Human Rights Act consultation.
The consultation has been extended (beyond 8 March) until 19 April but only to enable responses from those "who would be assisted by an Easy Read or audio version." "This includes organisations who solely or greatly represent the interests of those who would be assisted by an audio or Easy Read version in order to respond." See the government's statement (where a link to the "Easy Read" version is now provided) -
Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk)
Joshua Rozenberg wrote about the extension - see HERE
The government's regressive proposals for a "Modern Bill of Rights" will make it much harder for individuals to enforce their rights under the European Convention on Human Rights and will enhance executive power.
My look at the Independent Panel's report commences HERE (5 posts) and the Government's Consultation is considered from HERE (3 posts).
Previous post - Law and Lawyers: The future of human rights in the UK (obiterj.blogspot.com)
Other links:
Wednesday, 2 March 2022
Conflict in Ukraine (5) - Economic crime (Transparency and Enforcement) Bill
Economic Crime (Transparency and Enforcement) Bill 2022: overarching documents - GOV.UK (www.gov.uk)
This Bill is a long standing government commitment. It is also long overdue in the light of the Russia Report.
Background
Sunday, 27 February 2022
Conflict in Ukraine (4) - Russia and the UK
"If we are to truly act with the robust moral authority that is required, we must get our own house in order. London has become the destination of choice for the crooks and thieves who run Russia" - Mr Stephen Kinnock MP (Aberavon, Labour) in the House of Commons 23 February 2022
As shown by a Foreign Affairs Committee report published in May 2018 (pdf), serious concern has existed for a considerable time about possible Russian influence in the UK including potentially undue influence over UK government activity.
Further concern is how certain wealthy individuals have used the legal system to deter criticism of their activities -
Cohen goes so far as to say - "As Russian tanks
Saturday, 26 February 2022
Conflict in Ukraine (3) - Reaction - UN, Council of Europe, EU, ICC, ICJ
United Nations:
The Five Permanent Members of the UN Security Council - WorldAtlas
General Assembly resolution demands end to Russian offensive in Ukraine | | UN News
UN resolution against Ukraine invasion: Full text (dubai.ooo)
United Nations Security Council veto power - Wikipedia
Presidency of the United Nations Security Council - Wikipedia
In February 2022, Russia held the Presidency of the UN Security Council. In March 2022 it is held by United Arab Emirates and, after that, UK (April 2022) and USA (May 2022).
7 April 2022 - UN General Assembly votes to suspend Russia from the Human Rights Council | | UN News
Council of Europe:
Situation in Ukraine: Decisions by Council of Europe's Committee of Ministers
Council of Europe suspends Russia's rights of representation
The European Court of Human Rights operates under the aegis of the Council of Europe. The court has announced interim measures concerning the Russian Federation (1 March 2022), Measures taken in cases concerning Ukraine (2 March), Interim measures concerning Russian military operations (4 March). Details are on the court's website - European Court of Human Rights - ECHR, CEDH, news, information, press releases (coe.int)
An Aggression Chamber for Ukraine Supported by the Council of Europe - Opinio Juris
European Union:
Friday, 25 February 2022
Conflict in Ukraine (2) - NATO
The North Atlantic Treaty Organization (NATO) owes its existence to the North Atlantic Treaty of 1949 (sometimes referred to as the Washington Treaty).
The Treaty was signed on 4 April 1949 by 12 founding members. The Treaty derives its authority from Article 51 of the UN Charter which reaffirmed the inherent right of independent States to individual or collective defence.
Collective defence is at the heart of the Treaty and is enshrined in Article 5 - NATO - Topic: Collective defence - Article 5
Conflict in Ukraine (1) - Sanctions
Russia has come under international condemnation because of its actions in Ukraine. As shown by this timeline, there has been a turbulent history since Ukraine became independent in 1991.
Sanctions have formed a part of the response by the UK Conservative government.
The imposition of sanctions is authorised
Tuesday, 22 February 2022
Article 50 and its implementation
Also, on 16 February 2022, the EU Parliament issued an assessment of the Article 50 process -
Assessment of the implementation of Article 50 (pdf) and Assessment of the implementation of Article 50 (html version)
This post notes some of the salient points in the assessment.
As always, the document has to be read in full. It identifies a number of problems with Article 50 and examines
Monday, 21 February 2022
Counsellors of State
That meeting was attended by HM The Queen and three Privy Counsellors - Rt. Hon Jacob Rees-Mogg, Rt. Hon Baroness Evans of Bowes Park, and Rt. Hon Mark Spencer. Jacob Rees-Mogg was then Lord President of the Council. That post is now held by Mark Spencer.
The prorogation was, in law, a decision
Saturday, 19 February 2022
Privacy for those under investigation? The Bloomberg case.
Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence. It is a qualified right - "There shall be no interference
Wednesday, 16 February 2022
Litigation between Virginia Giuffre and Prince Andrew - settlement in principle
Prince Andrew settles Virginia Giuffre sexual assault case in US | Prince Andrew | The Guardian
The document states that - "The parties
Tuesday, 15 February 2022
Inquiries ~ update February 2022
On-going inquiries - here is a brief résumé. The post ends with a look at progress with the promised Covid-19 inquiry.
Independent Inquiry Child Sexual Abuse - website - set up 7 July 2014 but reconstituted in February 2015 as a statutory inquiry under the Inquiries Act 2005.
Since 11 August 2016, chaired by Professor Alexis Jay. Public hearings concluded in late 2020 but reports continue to be issued - see February 2022 report on Child Sexual Exploitation by Organised Networks. The inquiry conducted 15 separate investigations, heard 725 witnesses and held 325 days of public hearings. A final report remains to be issued.
Undercover Policing - website - set up 12 March 2015 - first Chairman
Sunday, 13 February 2022
Events at No 10 - a sad and damaging time (No.4) - Police questionnaires
It is reported that "questionnaires" have been sent to around 50 individuals, including the Prime Minister, seeking information about any involvement in any gatherings allegedly in breach of the Regulations - PM sent Downing Street lockdown party questionnaire by Met police | Boris Johnson | The Guardian.
The sending of questionnaires
Friday, 11 February 2022
Commissioner of Police of the Metropolis
On 1 February, the Independent Office for Police Complaints (IOPC) published details of recommendations to tackle "bullying and harassment in the ranks" of the Metropolitan Police Service - IOPC recommendations to tackle Met culture after investigation uncovers bullying and harassment in the ranks | Independent Office for Police Conduct
Following the IOPC recommendations it was reported
Monday, 7 February 2022
70 years since the accession of the Queen
The Queen is Head of the Commonwealth and also Head of State in a considerable number of nations and territories.
Many events will take place to mark the Platinum Jubilee including a holiday weekend from Thursday 2 June to Sunday 5 June. The Coronation took place on 2 June 1953.
The Crown:
"The Crown" is a frequently used term.
Saturday, 5 February 2022
Events in Northern Ireland
Elections to the Northern Ireland Assembly are due on 5 May 2022. The Assembly comprises 90 Members, referred to as Members of the Legislative Assembly (MLA).
Northern Ireland's Agriculture Minister (Edwin Poots MLA), ordered a halt to post-Brexit checks on food and farming products entering Northern Ireland from the rest of the UK. The Minister's order was to take effect from midnight on Wednesday 2 February 2022 and Mr Poots stated that he had taken legal advice as to the legality of his order.
The UK government Secretary of State for
Thursday, 3 February 2022
The future of human rights in the UK
The government's proposals go well beyond the minimal recommendations of the Independent Review. The proposals seek to weaken the ability of individuals to enforce their human rights. The hand of the State against the individual will be strengthened. These regressive proposals ought to be rejected by Parliament.
My look at the Independent Panel's report commences HERE (5 posts) and the Government's Consultation is considered from HERE (3 posts).
This post sets out further links to
Tuesday, 1 February 2022
Johnson's unworthy jibe at Starmer
Law and Lawyers: Events at No 10 - a sad and damaging time (No.3) (obiterj.blogspot.com)
The Prime Minister made a brief statement in Parliament to which the Leader of the Opposition - Sir Keir Starmer - responded.
Hansard House of Commons 31 January 2022
After Starmer spoke, Johnson referred to Starmer as a "former Director of Public Prosecutions"
Monday, 31 January 2022
Events at No 10 - a sad and damaging time (No.3)
"The hardship under which citizens across the country worked, lived and sadly even died while observing the Government’s regulations and guidance rigorously are known only too well" - Sue Gray 31 January 2022
Two previous posts looked at events which allegedly took place at 10 Downing Street - posts of 13 January 2022 and 28 January 2022.
Civil servant Sue Gray has now completed what is referred to as an "Update" about her "Investigation into alleged gatherings on government premises during Covid restrictions"
A statement was made by the Prime Minister to the House of Commons - statement 31 January.
Hansard House of Commons 31 January 2022
An update - NOT a full report:
The published document
Friday, 28 January 2022
Events at No 10 ~ a sad and damaging time (No.2)
The saga has continued to develop with reports of parties on the eve of the Duke of Edinburgh's funeral - Boris Johnson's staff accused of more rule-breaking parties inside No 10 - BBC News for which the Prime Minister apologised to HM The Queen.
Next came a report
Thursday, 27 January 2022
Covid restrictions ~ legal changes ~ need for caution remains
Transport for London is continuing to require face coverings - see their Conditions of Carriage - TfL Conditions of Carriage.
It may be that some businesses will continue to ask for face coverings as a condition of entry to their premises.
Entry to venues and events -
Regulations
Tuesday, 25 January 2022
The UKSC ~ a course and an article
Background:
The Supreme Court of the United Kingdom (UKSC) was created by Part 3 of the Constitutional Reform Act 2005 and is the final appellate court in both
Thursday, 20 January 2022
In the news - 20 January
The pandemic:
On 19 January the government announced in the House of Commons that many of the legal restrictions relating to the coronavirus pandemic are to be removed later in January but guidance will continue in place. See the Prime Minister's statement - Covid-19 Update - Hansard - UK Parliament
BBC News 19 January - Face mask rules and Covid passes to end in England
There are grounds to believe that the Omicron variant may
Friday, 14 January 2022
In the news 14 January 2022
Covid 19: The pandemic continues with hospital admissions standing at 15,591 in the period 1 January 2022 to 8 January 2022. Data for 12 January showed a welcome fall in the number of positive tests but deaths within 28 days of a positive test had increased - 1724 in the period 5 to 12 January. 83.1% of the UK population aged 12 and over had received two doses of vaccine. 62.5% had received the 3rd (booster) dose which continues to be strongly recommended by the medical profession and the government.
Law and Lawyers: Coronavirus Log ~ Part 11 ~ from 19 July 2021 (obiterj.blogspot.com)
On 13 January
Thursday, 13 January 2022
Events at Number 10 - a sad and damaging time (No 1)
Much of the UK news over the last week has been dominated by the political row over an alleged ("bring your own drinks") party in the Downing Street garden on 20 May 2020. That was during the first "lockdown" and was a time when Regulations imposed both restrictions on the activities of individuals and closures on many forms of business. It was also a time of tragedy for many who suffered the loss of family members due to Covid.
Friday, 7 January 2022
Early Reaction to government's human rights proposals
Actually leaving the European Convention on Human Rights (ECHR) has been ruled out. That may be because renouncing the convention would be a "bad look" for a government which likes to lecture others on human rights (often justifiably) and which has a seat on the United Nations Human Rights Council (UK membership expires in 2023). It would also play badly with the Council of Europe which is Europe's leading human rights organisation. The Council comprises 47 member States and all are signatories to the ECHR. Northern Ireland adds further reason to remain a signatory given that human rights are woven into the peace settlement brought about with the Good Friday Agreement of 1998. Then there is the relationship with the European Union
Thursday, 6 January 2022
In the news 6 January 2022
A miscellany of items in the news at the start of 2022 ....
Grenfell:
The Grenfell Tower Fire Inquiry continues almost 5 years after the devastating fire on 14 June 2017. The Phase 1 report was issued in 2019 - Phase 1 report - withe government accepting in principle the inquiry's recommendations - Grenfell Tower Inquiry Phase 1 Report: government response - GOV.UK (www.gov.uk).
It has been reported that the Inquiry is to examine some former government Ministers and also the serving Secretary of State - The Guardian 4 January. An important witness is likely to be Lord Pickles who was Secretary of State for Communities and Local Government from 2010 to 2015.
Coronavirus / Omicron:
Omicron continues
Clean Air Zones
London's Low Emission Zone (LEZ) has been in operation since 2008 to encourage the use of less polluting vehicles and penalise the heaviest polluters. It operates within the Greater London Authority's boundaries.
During 2022, similar schemes are to come into force in several more Clear Air Zones (CAZ). The government has