Rwanda judgment 15 November 2023

The UK Supreme Court has (unanimously) dismissed the Home Secretary’s appeal in the Rwanda cases. The court upheld the Court of Appeal's conclusion that the Rwanda policy is unlawful.

This is because there are substantial grounds for believing that asylum seekers would face a real risk of ill-treatment by reason of refoulement to their country of origin if they were removed to Rwanda. 

Full details are on the court's website -

R (on the application of AAA and others) (Respondents/Cross Appellants) v Secretary of State for the Home Department (Appellant/Cross Respondent) - The Supreme Court

Recation of Prime Minister (Rishi Sunak MP) - Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling | Immigration and asylum | The Guardian

Reaction of Home Secretary (James Cleverly MP) - Illegal Immigration - Hansard - UK Parliament

The Foreign Secretary in the House of Lords.

Update 29 November 2023

How can a prime minister make someone who isn’t an MP foreign secretary? It's a fair question to ask and the answer is set out in the article that asked the question -

David Cameron returns: how can a prime minister make someone who isn't an MP foreign secretary? And what happens now? (theconversation.com)

The elevation of former Prime Minister David Cameron to a life peerage is perfectly lawful though there are some questions about how and when the House of Lords Appointments Commission (HOLAC) is involved in the process. 

Cameron served

Rwanda judgment to be handed down on 15 November 2023

On Wednesday 15 November the Supreme Court of the United Kingdom will hand down its judgment in what may be referred to as the Rwanda appeals.

The court has published further details of the appeals - R (on the application of AAA and others) (Respondents/Cross Appellants) v Secretary of State for the Home Department (Appellant/Cross Respondent) - The Supreme Court

The judgment appealed is at AAA (Syria) & Ors, R (on the application of) v The Secretary of State for the Home Department (Rev1) [2023] EWCA Civ 745 (29 June 2023) (bailii.org) 

and this was itself an appeal from the High Court - AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022) (bailii.org)

The Court of Appeal judgment is discussed on this blog at Law and Lawyers: A note on AAA v Secretary of State for the Home Department ~ removals to Rwanda (obiterj.blogspot.com)

The current Home Secretary (Suella Braverman KC MP) doubtless has a lot of political capital riding on the outcome. 

A government "win" will probably

May Sir Mark Rowley stop a planned Armistice Day protest?

Huge controversy has arisen over plans to hold a "Pro-Palestine" protest in London on Saturday 11 November 2023. The date is significant because it is "Armistice Day." 

Pro-Palestine protest route: Saturday’s Armistice Day protest in London mapped | The Independent

It will not be the first such protest in London - e.g. About 100,000 turn out in London for pro-Palestine rally | Israel-Hamas war | The Guardian 21 October 2023

The Metropolitan Police Commissioner (Sir Mark Rowley) has clearly decided that the legal conditions required to actually prohibit a procession are not met - Armistice Day demo will go ahead - Met Police (thelondoneconomic.com)

Prime Minister Rishi Sunak has said that the planned marches are "disrespectful" and that his job is to hold the Metropolitan Police Commissioner accountable for his decision - Sunak to hold Met chief ‘accountable’ for decision not to ban pro-Palestine march | Metropolitan police | The Guardian. 

Precisely what the Prime Minister had in mind when he spoke of "accountable" is not clear. The Commissioner is supposedly independent of the government regarding operational decisions.

Law:

1] The European Convention on Human Rights Articles

A trip around the Inquiries ~ An Update

Updated 13 October 2023 and 26 October 2023

Also 29 February 2024

What do we think when the word Inquiry is mentioned? Is an Inquiry a useful fact-finding exercise leading to the Inquiry Chair (who is usually, but not always, a judge or retired judge) making recommendations which government is then free to accept or reject? Or, are inquiries just a way for politicians to push difficult issues aside albeit at sometimes huge expense to the public purse?

In March 2018, the estimable Institute for Government (IfG) published an analysis of such questions - Public inquiries | Institute for Government.

Whatever stance one takes on Inquiries in general, the fact is that there are several on-going inquiries as well as some that have recently completed their task. Here is a brief round-up.

Afghanistan:

Independent Inquiry relating to Afghanistan – Independent Inquiry relating to Afghanistan (iia.independent-inquiry.uk)

On 15 December 2022 the Secretary of State for Defence

R v Jaswant Singh Chail

On Christmas Day 2021, Jaswant Singh Chail (then aged 18) was arrested in a private part of the grounds of Windsor Castle in possession of a loaded crossbow. This part of the castle and grounds is never open to the general public. 

In February 2023, Chail pleaded guilty to three offeices - 

1) - Attempting to injure or alarm the Sovereign on 25th December 2021, contrary to section 2 of the Treason Act 1842. The maximum penalty for this offence is 7 years’ imprisonment. 

2) - Having an offensive weapon, contrary to section 1 of the Prevention of Crime Act 1953. The maximum penalty for this offence is 4 years’ imprisonment. 

3) - Making threats to kill, contrary to section 16 of the Offences Against the Person Act 1861. The maximum penalty for this offence is 10 years’ imprisonment. 

On 5 October 2023, Chail came before Mr Justice Hilliard for sentencing.

On Count 1 - 44 months’ imprisonment. 

On Count 2 - 16 months’ imprisonment. 

On Count 3 - 48 months’ imprisonment, with an extended licence period of 5 years. 

The total sentences amount to 9 years’ custody with a further licence period of 5 years.

Sentencing Remarks have been published - R -v- Chail - Courts and Tribunals Judiciary

These are of particular legal interest because

Lady Chief Justice of England and Wales

Monday 2 October 2023 saw the swearing in of Dame Sue Carr as Lady Chief Justice of England and Wales.

Dame Sue Carr sworn in as Lady Chief Justice - Courts and Tribunals Judiciary 

Law and Lawyers: Judiciary ~ The next Lord Chief Justice of England and Wales (obiterj.blogspot.com)

A Lawyer Writes | Joshua Rozenberg | Substack 2 October 2023

This appointment has been welcomed and it is the first time that a female has held this office which, in its modern form, dates from the Judicature Acts 1873-75.. 

The current Lord Chief Justice of Northern Ireland is Dame Siobhan Keegan who was appointed from 2 September 2021.

Scotland's senior judges are the Lord Justice General (Lord Carloway) and Lord Justice Clerk (Lady Dorrian - appointed 2016). (Scotland does not use the title Lord Chief Justice or Chief Justice).

Female Chief Justices have been appointed in The Commonwealth - e.g. Helen Winkelmann is currently Chief Justice of New Zealand.

Sue Carr - Wikipedia