The claimant challenged the decision that he should face trial on charges of historic sexual abuse. He was now elderly and said to be unfit to attend court or instruct his lawyers, suffering Alzheimers. He sought interim relief against being required to attend court.
Held: Article 8 was engaged, but not article 3: ‘Article 8 is a qualified right and must be weighed against other considerations. In this context they include the obvious and strong public interest in ensuring those summoned to court attend when required. Equally, there is a compelling public interest in public justice. The Court must not become a place of avoidable spectacle, but it is very important that the route to justice should be public.
The Defendant was clearly conscious of that, even if the argument before him did not focus on Article 8. Given the nature of the distress feared, and its short duration and that arrangements can minimise the effect on the Claimant, we unhesitatingly conclude that the balance comes down in favour of the Claimant’s attendance, for the brief period required.’
Rafferty LJ, Irwin J
[2015] EWHC B15 (Admin)
Bailii
Crime and Disorder Act 1998 51, European Convention on Human Rights 3 8
Citing:
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Cited – Iovchev v Bulgaria ECHR 2-Feb-2006
To engage article 3, the claimant needs to assert a level of suffering which might be described as ‘intense’. . .
Cited – Gorodnitchev v Russia ECHR 24-May-2007
The applicant complained in particular have suffered at different times of his detention, treatment contrary to Article 3 of the Convention and have not been tried within a reasonable time.
Held: A finding of a breach of Article 3 requires a . .
Cited – Grant and Another v The Ministry of Justice QBD 19-Dec-2011
To establish a breach of Article 3 the Claimant must show he has suffered the ill- treatment he alleges, and that it amounts to a violation of Article 3. The claimant prisoners complained that a lack of in-cell sanitation infringed their human . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Health, Human Rights, News
Updated: 03 January 2022; Ref: scu.552050