A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.
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A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.
CHILDREN DISCLOSURE ECHR 1950 art.8 ENHANCED CRIMINAL RECORD CERTIFICATES HUMAN RIGHTS POLICE PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL ASSAULT
The failure to provide exceptions to the law in Northern Ireland prohibiting abortion in respect of fatal foetal abnormality at any time, and pregnancies due to sexual crime up to the date when a foetus became capable of an existence independent of its mother, was contrary to the ECHR art.8.
ABORTION art.12 art.14 art.2 art.34 art.46 art.6 art.8 art.8(1) CORONERS ACT (NORTHERN IRELAND) 1959 1959 CORONERS ACT (NORTHERN IRELAND) 1959 s.14(1) CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1945 s.25 CRIMINAL LAW DISCRIMINATION ECHR 1950 art.1 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT NORTHERN IRELAND OFFENCES AGAINST THE PERSON ACT 1861 s.58 PROHIBITION ON TERMINATION OF PREGNANCY WITH FATAL FOETAL ABNORMALITY OR WHERE PREGNANCY RESULTED FROM SEXUAL CRIME RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.25(1) s.59 WHETHER BREACH OF ART.8 ECHR
A decision to prosecute a 12-year-old boy for rape of a child under 13 had been taken by the Crown Prosecution Service following extensive consideration of its impact on the defendant. There was no basis for saying that its decision was incompatible with his right to respect for his private life under ECHR art.8.
CRIMINAL INVESTIGATIONS CRIMINAL PROCEDURE ECHR 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS HUMAN RIGHTS ACT 1998 PROSECUTIONS RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS
A European arrest warrant had sufficiently particularised a convicted requested person’s involvement in a conspiracy to traffic women into prostitution in Italy, the demands in respect of conviction warrants being less onerous than those in relation to accusation warrants. An ECHR art.3 argument based on Italian prison conditions had been foreclosed by the decision in Elashmawy v Italy [2015] EWHC 28 (Admin).
CONSPIRACY CONVICTIONS EUROPEAN ARREST WARRANTS EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 EXTRADITION EXTRADITION OFFENCES HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT PARTICULARS PRISON CONDITIONS s.22 s.30 s.30(2) SEXUAL OFFENCES ACT 1956 s.10
There was no need for the Sexual Offences Act 2003 to contain express wording to enable a person who was subject to a sexual offences prevention order to be required to wear an electronic monitoring device or tag when he was away from his residence. The interference with the person’s rights under the ECHR art.8 was in accordance with the law.
CRIMINAL PROCEDURE ELECTRONIC MONITORING EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS MANDATORY REQUIREMENTS NO NEED FOR EXPRESS WORDING PENOLOGY AND CRIMINOLOGY PROHIBITION REQUIREMENT TO WEAR ELECTRONIC TAG RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.104 s.104(1)(a) s.104(5) s.106 s.106(3) s.107 s.107(2) s.108 s.108(5) s.113 s.4 Sch.3 SENTENCING SEXUAL OFFENCES ACT 2003 SEXUAL OFFENCES ACT 2003 s.107(1) SEXUAL OFFENCES PREVENTION ORDERS STATUTORY INTERPRETATION VARIATION
The practice of police officers visiting the homes of registered sex offenders for the purpose of monitoring their behaviour under arrangements made pursuant to the Criminal Justice Act 2003 s.325 did not constitute an unlawful interference with the offenders’ rights under the ECHR art.8.
art.8(2) CRIMINAL JUSTICE ACT 2003 s.325 ENTRY AND SEARCH EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS LAWFULNESS OF HOME VISITS BY POLICE MONITORING NOTIFICATION REQUIREMENTS PENOLOGY AND CRIMINOLOGY POLICE POWERS OF ENTRY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.325(8) s.80(2) s.91A s.96B SEX OFFENDERS SEXUAL OFFENCES ACT 2003 Pt 2
A doctor’s rights under ECHR art.8 would not be breached by the police disclosing information which had been unlawfully obtained during their investigation into a patient’s allegation of sexual assault against him to the General Medical Council for the purposes of its inquiry into the doctor’s fitness to practise.
art.8(2) DISCLOSURE ECHR 1950 art.8(1) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 FITNESS TO PRACTISE GENERAL MEDICAL COUNCIL HEALTH HUMAN RIGHTS INTERVIEW RECORDS LEGITIMATE AIM MEDICAL ACT 1983 s.35A POLICE POLICE INQUIRIES PRIVATE DOCUMENTS PROFESSIONS PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1(1)(a) s.3(5) s.35A(4) s.35A(6) s.35C(2) SEXUAL ASSAULT
The court gave guidance on the procedure to be followed by the judge when deciding whether the cross-examination of a vulnerable witness was appropriate.
CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION HUMAN RIGHTS PROCEDURE TO BE FOLLOWED BY JUDGE WHEN DETERMINING APPROPRIATENESS OF CROSS-EXAMINATION RIGHT TO FAIR TRIAL s.27(5) s.28 s.53 s.54 s.54(3) s.54(6) VIDEO EVIDENCE VULNERABLE AND INTIMIDATED WITNESSES YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.27
A judge had not erred in refusing an application for an interim non-disclosure order where the interests of publishers and the public under the ECHR art.6 and art.10 outweighed the interests of a person under art.8 who had been arrested but not formally charged following an investigation into allegations of child sex grooming and prostitution.
art.6 art.8 art.8(2) CHILD SEX OFFENCES CONTEMPT OF COURT ACT 1981 s.4(2) CORRECTNESS OF REFUSAL TO IMPOSE INTERIM NON-DISCLOSURE ORDER ON PUBLISHERS CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.10 HUMAN RIGHTS JURISPRUDENCE MEDIA AND ENTERTAINMENT NEWSPAPERS NON-DISCLOSURE ORDERS OPEN JUSTICE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.4 SUSPECT ARRESTED BUT NOT CHARGED WITH CHILD SEX OFFENCES
Where the failure by police to conduct an effective investigation into allegations of rape had been held to amount to breaches of the Human Rights Act 1998 and the ECHR art.3, the victims of the rapes were entitled to a financial remedy for harm caused by the police failings on top of sums received in civil claims for the harm caused by the rapes. The court examined the statutory framework, relevant legal principles, previous authorities, and the existence of alternative remedies, and awarded sums of £22,250 and £19,000 respectively.
APPLICABLE PRINCIPLES Art.4(1) ASSESSMENT OF DAMAGES DUE TO VICTIMS DAMAGES DUTY TO UNDERTAKE EFFECTIVE INVESTIGATION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 FAILURE TO PROPERLY INVESTIGATE ALLEGATIONS OF RAPE HUMAN RIGHTS HUMAN RIGHTS ACT 1998 s.8 MEASURE OF DAMAGES POLICE POLICE OFFICERS RAPE REMEDIES s.6 s.6(1) s.7 s.8(3)(a) s.81 s.83 s.84
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