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Steven Edward Naismith Allison v HM Advocate (2010)

[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 …

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

Principal Reporter v K [2010] CSIH 5

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 …

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Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Child & Family Law

KM for Judicial Review of a Decison of the Secretary of State for the Home Department to Detain the Petitioner [2010] CSOH 8

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.

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Art. 05 Right to Liberty and Security, Asylum & Immigration Law

Samantha Orobator v (1) Governor of Holloway Prison (2) Secretary of State for Justice

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

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Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure

KB (Trinidad & Tobago) v Secretary of State for the Home Department

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

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