Tommy Robinson protest highlights Judicial Independence

"The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason."

The Judiciary of England and Wales has its own website.  It used to have .gov in the address (URL).  It is now www.judiciary.uk

Although the change seems to be minor, it was made "to reflect the constitutionally independent position of the judiciary" and that is of massive importance to everyone. 

Abortion and Northern Ireland ~ Supreme Court 7th June 2018

This morning the Supreme Court handed down judgment in the challenge from Northern Ireland to the law on abortion.  The proceedings were brought by the Northern Ireland Human Rights Commission (NIHRC) which was created, and has the powers give to it by, the Northern Ireland Act 1998 (as amended).  The court held, by a majority of 4 to 3, that the NIHRC did not have the legal right (standing) under the 1998 Act to bring the proceedings.  For this reason the court could not give a legally binding ruling on the substantive questions of the incompatibility of abortion law in Northern Ireland.

Nevertheless, the court had heard argument relating to incompatibility with Convention Rights and the justices undertook a comprehensive examination of the subject and expressed opinion on it.  Technically the opinion is not binding - it is obiter dicta - but, on any view, it has to be taken immensely seriously by those with power to legislate on these matters.  The court's opinion was that:

By a majority of 5 to 2 - In cases of fatal foetal abnormality - the law was incompatible with Article 8

By a majority of 4 to 3 - the law was also incompatible with Article 8 in cases where the pregnancy resulted from rape or incest.

A majority (4) would not have made a declaration that the law of Northern Ireland is incompatible with Article 3.  Two of the Justices would have made a declaration.  Lady Hale did not consider it necessary to decide this issue given her view on Article 8.

See the Court's Judgment and Summary.

For some discussion on this cse see Joshua Rozenberg at Law Society Gazette 18th June.

Counter-Terrorism and Border Security Bill

Hard on heels of the revised Counter-Terrorism strategy (CONTEST) - post of 5th June - comes the Counter-Terrorism and Border Security Bill 2017-19.  First reading in the House of Commons was on 6th June.  It is a Bill to make provision in relation to terrorism; to make provision enabling persons at ports and borders to be questioned for national security and other related purposes; and for connected purposes.

Text of the Bill as introduced.    Policy Background -  Legal Background - Fact sheets

Breach of the Peace

Our earliest Anglo-Saxon laws had an -ill-defined notion of "the peace" which gradually extended to a general peace applicable to the whole land.  Underlying the idea of "the Peace" was the notion of calm and absence of wrongdoing.

The Justices of the Peace Act 1361 refers to "Keeping the Peace."  The Courts Act 2003 created a single "Commission of the Peace" for England and Wales.  Justices of the Peace (JP) are members of the community appointed to discharge the functions of the Magistrates' Courts and other duties given to them by law.  Those functions are also discharged by a cadre of professionally-qualified District Judges (Magistrates' Courts) and, occasionally, other judges.

CONTEST - Counter-terrorism strategy 2018

Rt.Hon.Sajid David MP - Home Secretary

On 4th June, the Home Secretary announced a revised Counter-Terrorism Strategy - referred to as CONTEST.   The speech making the announcement is HERE.

The revised strategy replaces the previous CONTEST and supersedes the Prevent Strategy, both published in 2011.  It is an updated and strengthened strategy containing 4 strands - Prevent, Pursue, Protect and Prepare. 

The strategy notes

Dispersal Orders ~ Anti-social Behaviour, Crime and Policing Act 2014

Football Lads Alliance (FLA) was formed in 2017.  According to its website, FLA believes in making a safer environment and community for all of our children and grandchildren - In being inclusive and acceptable to all colours, creeds, faiths and religions - In holding our politicians accountable to bring about a change in anti-terrorist legislation in order to safeguard all communities now and in the future.  Marches have been held in London (October 2017) and Birmingham (March 2018).

A further event was held by FLA in Manchester on 19th May and a counter-demonstration, organised by "Stand Up to Racism" (SUTR), also took place and attracted a large body of people - Counterfire 22nd May.  SUTR comments - HERE - that FLA "claims to be against all extremism but in recent months it has had far right speakers on its platforms and promoted Islamophobic events such as an intimidating march by far right extremists against the East London mosque in Tower Hamlets."

Contempt of Court - Tommy Robinson

See also Later post 5 July - Tommy Robinson Appeal - Observations

A common saying is "A lie can travel halfway around the world before the truth can get its boots on."  This was illustrated recently by the Tommy Robinson case.  His case resulted in a vast amount of ill-informed comment and distortion of the truth which it is difficult, if not impossible, to eradicate.  Let's look at the situation.

Recently, Stephen Yaxley-Lennon (aka Tommy Robinson) was committed to prison for contempt of court and this resulted in enormous publicity for him personally and drew attention to the law of contempt.