UTIAC The European Framework Decision 2008/909/JHA has replaced the framework previously set out in the Council of Europe Convention on the Transfer of Sentenced Persons, itself supplemented by the Protocol of 18 December 1997, to provide the framework within which a request may be made to another Member State for the transfer of an EEA … Continue reading Restivo (EEA – Prisoner Transfer) Italy: UTIAC 9 Sep 2016
The defendant, subject to a sentence of life imprisonment in Canada, had been transferred to the UK. The court had to determine the minimum term to be served. Held: For a similar offence in England the defendant would have been recommended for a minimum sentence of 15 years. However the Convention required the receiving country … Continue reading Khan, Decision Upon A Reference Under the Criminal Justice Act 2003: QBD 10 Nov 2006
The claimant had been convicted in Bulgaria of attempted murder. He had denied it, and somebody later confessed to the crime, but that confession had not been admitted. Having been transferred to England to complete his sentence, he now asked for a decision that the respondent had the power to issue a pardon to a … Continue reading Shields, Regina (on the Application of) v Secretary of State for Justice: Admn 17 Dec 2008
ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
1. Acts contrary to the basic rules of human conduct Where a person faces punishment for a refusal to perform military service that would or might involve acts contrary to the basic rules of human conduct, that is capable of amounting to ‘being persecuted’ on grounds of political opinion for the purposes of the Refugee … Continue reading PK and OS (Basic Rules of Human Conduct) Ukraine CG: UTIAC 19 Nov 2020
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004
ECHR Article 5-Speediness of review Proceedings which could not result in the applicant’s freedom but to another form of detention: Article 5 – 4 applicable; violation Facts – In 2005 the applicant was convicted of deliberately causing severe bodily harm to his 80-year-old mother and sentenced to six years’ imprisonment. Since the regional court found, … Continue reading Kuttner v Austria: ECHR 16 Jul 2015
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
ECHR Article 3Degrading treatmentInhuman treatmentContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleArticle 5Article 5-1Deprivation of libertyArticle 5-1-aAfter convictionContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleFacts – Both applicants were detained in prisons in the United … Continue reading Willcox and Hurford v The United Kingdom: ECHR 8 Jan 2013
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010