Articles in: Criminal Law and Criminal Procedure

Scots sex offenders win human rights fight

By Lucy Adams, The Herald, 20 May 2010,
‘Judges have ruled the system that places sex offenders in Scotland on a register for life with no way of being removed is in breach of their human rights.

Art. 08 Right to Private and Family Life, Criminal Law and Criminal Procedure

Joint Committee on Human Rights Report – Enhancing Parliament’s role in relation to human rights judgments

The Joint Committee on Human Rights fifteenth report of the Parliamentary session 09-10 has been published, the summary of the report on Enhancing Parliament’s role in relation to human rights judgments states:
“This is our fourth report of the Parliament dealing with adverse judgments by the European Court of Human Rights and declarations of incompatibility issued by the domestic courts under …

Art. 03 Prohibition of Torture, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 13 Effective Remedy, Commentaries, Criminal Law and Criminal Procedure, Discrimination Law, Ecclesiastical Law and Freedom of Religion, Housing and Homelessness Law, Protocol 1, Art. 3 Right to Free and Fair Elections

Proposal for a Directive on preventing and combating trafficking in human beings and protecting victims

“On 29 March 2010 the European Commission tabled a proposal for a new Directive on trafficking in human beings, aimed at further approximating legislation and penalties, ensuring successful prosecution, better protection of and assistance to victims, and prevention of trafficking. It follows up on a previous proposal tabled in 2009. The Directive, if approved, will replace current EU legislation dating …

Asylum & Immigration Law, Commentaries, Criminal Law and Criminal Procedure, EU Law

R (Boroumand) v Secretary of State for the Home Department [2010] EWHC 225 (Admin)

This was an appeal against the deportation of an Iranian national whose application for asylum was refused and whose appeal rights were exhausted by 17 March 2005.  He was subsequently convicted of grievous bodily harm.  He wished to make a subsequent claim for humanitarian protection, however, the Secretary of State maintained that he was excluded from humanitarian protection due to …

Art. 08 Right to Private and Family Life, Asylum & Immigration Law, Criminal Law and Criminal Procedure

R (on the application of Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs

R (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)

This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship …

Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, International Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.