Strasbourg ~ a note on two more important UK cases to be heard in the Grand Chamber

Here is a note about two further cases from the United Kingdom which are now before the European Court of Human Rights Grand Chamber.


Hutchinson v. the United Kingdom (no. 57592/08) - Whole Life Term for Murder - Article 3 of the Convention

Decision of the European Court of Human Rights Fourth Section - 5th February 2015

The applicant, Arthur Hutchinson, is a British national who was born in 1941 and is detained in Her Majesty’s Prison Durham (the United Kingdom). In September 1984 Mr Hutchinson was convicted of aggravated burglary, rape and three counts of murder, the trial judge sentencing him to a term of life imprisonment with a recommended minimum tariff of 18 years. In December 1994 the Secretary of State informed Mr Hutchinson

Investigative Powers ~ an important report

Updated

The Independent Reviewer of Terrorism Legislation fulfills a vital role in the scrutiny of powers given to the executive and law enforcement agencies.

In 2014, the Data Retention and Investigatory Powers Act (DRIP) was hurriedly enacted in just four days.  This added to the complex web of statutory provisions enabling some 600 public bodies to obtain information.

The Independent Reviewer (David Anderson QC) has issued a report containing  124 recommendations to seek to improve the law relating to Investigative Powers - A Question of Trust.  Primarily, Anderson calls for a comprehensive and comprehensible new law to be drafted from scratch.  A key recommendation is for greater judicial involvement in the issuing of interception warrants.  Last year, the Home Secretary issued over 2000 such warrants.  Whether Ministers will be willing to relinquish such a power remains to be seen.

Some comment

The Naked Rambler

Stephen Gough - also known as "The Naked Rambler" - has appeared (in the nude) via Video Link before the Court of Appeal (Criminal Division) - BBC News .

The appeal was against his conviction (in October 2014) for Breach of an Anti-Social Behaviour Order (ASBO).  Mr Gough had requested to appear naked during the trial (held in Winchester) but the judge refused and the case was heard in his absence.   He was convicted of breaching the ASBO and a sentence of 30 months imprisonment was imposed.   Breach of an ASBO was an offence, punishable by up to 5 years imprisonment, under section 1 of the Crime and Disorder Act 1998.  The Court of Appeal dismissed Mr Gough's appeal.

There is a tendency

Car Parking ~ £85 overstay charge upheld

Parking Eye Ltd v Barry Beavis [2015] EWCA Civ 402 is an interesting case heard by the Court of Appeal (Civil Division) in April 2015.   In the County Court (before His Honour Judge Moloney QC), Mr Beavis had lost his claim to recover a charge of £85 for overstaying in a car park at Riverside Retail Park in Chelmsford.  Mr Beavis took the case to the Court of Appeal where the County Court decision was upheld.

There is a long standing rule of law that the courts will not enforce unconscionable charges but when will that rule be applied?  That is the principal interest in this case.  The Court of Appeal considered that whether a charge is justifiable is not simply a matter of

Jean Charles de Menezes case to be heard at Strasbourg

Addendum 1:  Webcast of the E Ct HR hearing

Addendum 2: Links added to various materials 

On Wednesday (10th June), the European Court of European Rights (E Ct HR) Grand Chamber will hear the case of Armani Da Silva v. the United Kingdom (no. 5878/08) which arises from the shooting in 2005 of Jean Charles de Menezes at Stockwell Station, London - The Guardian 3rd June 2015.

The following is as published by the E Ct HR:-

The E Ct HR press release:

The applicant, Patricia Armani Da Silva, is a Brazilian national who was born in 1974 and lives in Thornton Heath, London. The case concerns her complaint about the police’s fatal shooting of her cousin, Jean Charles de Menezes, aged 27, who was mistakenly identified as a terrorist suspect and shot dead on 22 July 2005 by two special firearms officers (SFOs) at Stockwell London Underground Station. The shooting

Withdrawal from the European Convention of Human Rights ~ a thorny and difficult question

Update 7th July - Withdrawal from the Convention does not seem to be part of government policy.  At least this was said in debates in Parliament discussed in this blogpost.

Since the General Election, Human Rights (and their protection in the United Kingdom) have received enormous coverage from legal commentators including several posts on this blog -


Why we need human rights (1) - 17 year olds and the law
Why we need human rights (2) - Right to Life
Why we need human rights (3) - Mental health
Why we need human rights (4) - Gender, Civil Partnerships and Same sex marriage
Why we need human rights (5) - Cases since 1975

and, in another post, a debate in the House of Lords on 1st June was considered.  Speaking in the House of Commons, the Prime Minister refused to rule out withdrawing the United Kingdom from the European Convention on Human Rights - The Guardian 3rd June - (the debate is here).  "Withdrawal" was not a Conservative Party manifesto commitment and it was not mentioned in the Queen's Speech though the possibility was referred to by the Conservative Party in the autumn of 2014.

Background:

It is necessary to remember

In Parliament ~ Bills ~ Human Rights (Japanese Knotweed)

"The Conservative Party has included in its manifestos since 2002 its desire to create a British Bill of Rights and to abolish the Human Rights Act. It has had a lot of time: it has set up committees and had the benefit of lawyers on the Conservative side advising it. Why is it that it cannot put together a coherent Bill?" - Baroness Kennedy of the Shaws QC

Bills before Parliament:

Parliament's website now has details of Bills currently under consideration  - Parliament Bills.   17 Bills are listed and 7 are government bills.  The latter have the greater chance of eventually becoming law.  The government bills are:

Charities (Protection and Social Investment) Bill [HL] 
Childcare Bill [HL] 
Cities and Local Government Devolution Bill [HL]
European Union Referendum Bill 
High Speed Rail (London - West Midlands) Bill 
Psychoactive Substances Bill [HL] 
Scotland Bill 

The House of Lords debate on the Queen's Speech