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Top Criminal Barrister QC and Leading Rape Defence Counsel

RIGHT TO LIFE

June 7, 2018

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

ABORTION art.8 CRIMINAL LAW DECLARATIONS OF INCOMPATIBILITY ECHR 1950 art.3 HEALTH INCEST INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT JURISDICTION LOCUS STANDI NORTHERN IRELAND NORTHERN IRELAND HUMAN RIGHTS COMMISSION OFFENCES AGAINST THE PERSON RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

November 30, 2015

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

July 8, 2013

A district judge had not erred when refusing to make an anonymity order in respect of a defendant charged with making indecent images of children as, despite the defendant having been targeted and attacked in relation to a previous allegation of indecent assault of a child, he had not demonstrated that there was a real risk of his being attacked in relation to the instant offences.

ANONYMITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEFENDANT CHARGED WITH MAKING INDECENT IMAGES OF CHILDREN EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.2 HEARINGS IN OPEN COURT HUMAN RIGHTS INDECENT PHOTOGRAPHS OF CHILDREN JUDICIAL REVIEW OF REFUSAL TO MAKE ANONYMITY ORDER MAGISTRATES’ COURTS NORTHERN IRELAND OPEN JUSTICE REPORTING RESTRICTIONS RIGHT TO LIFE RISK WHETHER REAL RISK OF ATTACK

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS