Category: Human Rights

HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had not been allowed to inform his parents of his whereabouts. The first respondent had declined to exercise her acknowledged discretion to amend the Code.
Held: The request for judicial review succeeded. There could be no question but that the treatment of 17 year-olds as adults when arrested and detained, under Code C, is inconsistent with the UNCRC and the views of the United Nations Committee of the Rights of the Child.

Judges:

Moses LJ, Kenneth Parker J

Citations:

[2013] EWHC 982 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984, Children and Young Person’s Act 1933 107(2), United Nations Declaration on the Rights of the Child 1959, Convention on the Rights of the Child 1989

Citing:

Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 17 November 2022; Ref: scu.472970

Kulah And Koyuncu v Turkey: ECHR 23 Apr 2013

Citations:

24827/05 – Chamber Judgment, [2013] ECHR 371

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 17 November 2022; Ref: scu.472919

Rohlena v The Czech Republic: ECHR 18 Apr 2013

Citations:

59552/08 – Chamber Judgment (French Text), [2013] ECHR 343

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015
ECHR Article 7
Article 7-1
Heavier penalty
Nullum crimen sine lege
Conviction for ‘continuing’ offence comprising acts committed before it was introduced in the Criminal Code: no violation . .
See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015
Grand Chamber – Relying on Article 7 of the Convention, the applicant alleged in particular that, in convicting him of a continuous criminal offence, the domestic courts had applied the criminal law retroactively, to his detriment. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 17 November 2022; Ref: scu.472712

Achour v France: ECHR 29 Mar 2006

Judges:

Wildhaber P

Citations:

[2006] ECHR 268, (2007) 45 EHRR 2, 67335/01

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Cited – Achour v France ECHR 10-Nov-2004
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 7; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – national . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 17 November 2022; Ref: scu.472655

Brough v The United Kingdom: ECHR 16 Jan 2013

The claimant said that he had been labelled a trouble maker and his details placed on a database made available to companies who subscribed so that they would avoid hiring him.

Citations:

52962/11 – Communicated Case, [2013] ECHR 336

Links:

Bailii

Statutes:

European Convention on Human Rights, Trade Union and Labour Relations (Consolidation) Act 1992

Human Rights, Information

Updated: 17 November 2022; Ref: scu.472611

Bibi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Apr 2013

The applicant appealed against refusal of her challenge to the regulations requiring certain standards of spoken English in foreign spouses seeking to come here to be with their settled or British Citizen spouse.
Held: The imposition of the requirement was a proportionate response.

Judges:

Maurice Kay VP, Toulson LJJ, Sir David Keene

Citations:

[2013] EWCA Civ 322, [2013] 3 All ER 778, [2014] 1 WLR 208, [2013] HRLR 28, [2013] INLR 613, [2013] Imm AR 1007, [2013] WLR(D) 139

Links:

Bailii, WLRD

Statutes:

Immigration Rules 281

Jurisdiction:

England and Wales

Citing:

Appeal From – Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others Admn 16-Dec-2011
Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK . .

Cited by:

Appeal from – Ali and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 17 November 2022; Ref: scu.472571

Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013

The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European Convention on Human Rights, and in particular involves the rights of children.

Judges:

Hickinbottom J

Citations:

[2013] EWHC 792 (Admin), [2013] JPL 1383

Links:

Bailii

Cited by:

Approved – Collins v Secretary of State for Communities and Local Government and Another CA 9-Oct-2013
The claimant, seeking permission to use land as a gypsy and travellers’ camp site, appealed against rejection of his request for the quashing of the inspector’s report approving an enforcement notice. . .
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 14 November 2022; Ref: scu.472512