Scottish Human Rights Law Group

[2010] UKSC 6
Although the Crown’s failure to disclose outstanding criminal charges relating to one of its witnesses was incompatible with an accused’s rights under the European Convention on Human Rights 1950 art.6(1), there had been no miscarriage of justice as there was no real possibility that the jury would have come to a different verdict if it had been aware …

Contribution by:  Jennifer Spence
Court of Session (Inner House), 21 January 2010
Lord President (Hamilton), Lady Paton, Lord Carloway
Mr K, the unmarried father of a child (“X”), born 6 May 2002, applied to the Sheriff for parental rights and responsibilities in terms of section 11 of the Children (Scotland) Act 1995 (c.36) (“the Act”).  Mr K was named on X’s birth certificate …

The petitioner arrived in the UK in 2000 and was granted asylum. In 2002, he is arrested, but granted Temporary Admission and released from custody subject to reporting conditions which he breaches. In 2004, he is convicted of robbery and sentenced to four years imprisonment.

A decision not to release a British citizen, who had been convicted by a court in Laos for a drugs offence

Held that deportation cases did not call for a materially different approach from that required in ordinary removal cases,