Articles in: Criminal Law and Criminal Procedure

‘Is the Convention Ours?’

An intervention by THE RIGHT HON LADY JUSTICE ARDEN DBE
Considering the theme for the opening of the legal year of the ECtHR, namely ‘The Convention is Yours’, this address asks whether the Convention is actually such. It considers the problematic reality of domestic law being misunderstood or misinterpreted by Strasbourg, in light of cases such as Osman v United Kingdom, …

Art. 06 Right to a Fair Trial, Commentaries, Criminal Law and Criminal Procedure, EU Law

Prisoners May Sue if Denied Election Vote

Jamie Doward
Observer, February 7, 2010, 23
A coalition of judicial experts, lawyers and politicians has warned the Government that its continued ban on prisoners voting could lead to a series of legal challenges after the 2010 general election. In 2009 the Government acknowledged that some prisoners must be allowed to vote in line with a 2001 European Court of Human …

Art. 07 No Punishment without Law, Criminal Law and Criminal Procedure, Prisons Law, Protocol 1, Art. 3 Right to Free and Fair Elections

Legal Aid Under Labour in Government

Fiona Bawdon
Legal Action (2010) February Pages 8-9
This, the first in a series of articles on the policies of the three main political parties relating to legal aid and legal service, examines the policies of the Labour party. Reviews Labour’s record on criminal justice, civil liberties, race discrimination and legal aid. Notes high and low points in Labour’s record since it …

Criminal Law and Criminal Procedure, Discrimination Law, Legal Aid

How to Make a Terrorist Out of Nothing

Jacqueline Hodgson and Victor Tadros (University of Warwick)
Modern Law Review M.L.R. (2009) Vol.72 No.6 Pages 984-998
Comments on the House of Lords judgement in R. v G on the possession of information likely to be useful to a person committing or preparing an act of terrorism contrary to the Terrorism Act 2000 s.58. Discusses whether information which could also be useful …

Criminal Law and Criminal Procedure

Giuliani and Gaggio v Italy: The Context of Violence, The Right to Life and Democratic Values

Stephen Skinner (University of Exeter)
European Human Rights Law Review E.H.R.L.R. (2010) No.1 Pages 85-93
Discusses the implications of the European Court of Justice decision in Giuliani v Italy (23458/02) in which it was established that the 2001 shooting of a G8 summit demonstrator in Genoa by an auxiliary carabiniere did not constitute a breach of the European Convention on Human Rights …

Art. 02 Right to Life, Criminal Law and Criminal Procedure, Police 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.