March 2012

Disclosure in Enhanced Criminal Records Checks not a breach of ECHR Article 8

R (T) v (1) Chief Constable of Greater Manchester Police, (2) Secretary of State for the Home Department (Secretary of State for Justice an interested party) [2012] EWHC 147 (Admin)

A twenty year old applying for university challenged the requirement to disclose all prior convictions, cautions and warnings in Enhanced Criminal Records Checks.  The individual had received a warning for the theft of two bicycles when he was 11 but had had a clear record since then.  It was argued that the inflexible nature of the requirement to make such disclosures is in breach of Article 8 of the European Convention.

Tags
Disclosure, ECHR Art. 8, Enhanced Criminal Records Checks

ECHR Art. 2: Right to Life

  • Supreme Court rules that hospital had duty to protect patient from committing suicide

Rabone and Anor. v Penine Care NHS Trust [2012] UKSC 2

The Supreme Court has ruled that a hospital had an ‘operational’ duty under ECHR Art. 2 to protect a voluntary patient from committing suicide.  Previously this duty only covered those who were detained under the Mental Health Act.

Tags
ECHR Art. 2, Right to Life

Delayed deportation of German former prisoner renders detention unlawful

Reuter’s (Hans) Application [2012] NIQB 6

The Northern Ireland High Court has ruled that the failure of the UK Borders Agency (UKBA) to deport a German national within a reasonable timeframe rendered the man’s detention unlawful.The man had completed a prison sentence in Northern Ireland on 20th June 2011 but was not deported to Germany until 25th June 2011.  In the interim period he was detained in the prison for a further night and then at a number of different immigration removal centres in Scotland and England.  The delay resulted from “an in-country escort administrative error” (the company contracted by the UKBA to escort the man went to the wrong prison) and his flight had to be rescheduled.

Tags
Deportation, ECHR Art. 5, Northern Ireland High Court, Right to Liberty

Anonymity granted to police officer despite not meeting Art. 6 criteria

A Police Officer’s Application (Leave Stage) [2012] NIQB 3

In this case a police officer requested to have his name and further details kept anonymous following unsuccessful judicial review proceedings. The officer had been the subject of misconduct proceedings within the PSNI and had been under consideration by the Public Prosecution Service for suspected drugs offences. He had sought to judicially review the continuance of the misconduct proceedings on the basis that they would prejudice the fairness of any potential prosecution. The application for judicial review was refused but the, now former, police officer applied to have his details in the judicial review kept anonymous because he believed his safety to be at risk from dissident republicans.

Tags
ECHR Art. 2, ECHR Art. 6, Right to Fair Trial, Cost Order

Budget Cuts and Welfare Reform

Government tuition fees’ raise was not in accordance with equality duties but still lawful

  • Re Hurley and Moore’s Application [2012] EWHC

Judicial review proceedings taken by two A-Level students to the Government’s decision to raise the cap on tuition fees that universities can charge has been unsuccessful.

Tags
Budget Cuts & Welfare Reform

Environmental Rights

  • Friends of the Earth challenge to changes to solar panel scheme successful

Secretary of State for Energy and Climate Change v Friends of the Earth and others [2012] EWCA Civ 28

The Court of Appeal has held that the Minister for Energy and Climate Change had no power to make a modification to the rules for subsidising small solar power schemes.  This successful case, which was brought by Friends of the Earth in England, will impact on people who signed up for the schemes on the basis that they would receive a higher subsidy rate who, under the changes, would have received lower subsidies.

Immigration and Asylum

  • Unlawful to remove individuals from the UK without access to a solicitor

R, on the application of Medical Justice v Secretary of State for the Home Department [2012] EWCA Civ 1710

A Government policy which permits, in exceptional circumstances, the removal of individuals whose claims to enter or remain in the UK have been unsuccessful without giving them the standard 72 hours’ notice, has been ruled by the Court of Appeal to be unlawful.

Tags
Children's Rights, Deportation, Immigration & Asylum

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