Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines.
Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect without having had an appropriate opportunity to respond. Legal aid had not been available for the proceedings at which they were committed to prison.
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to 26 applicants; No violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to 26 applicants; No violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c; Non-pecuniary damage – finding of violation sufficient (with regard to Art. 6); Non-pecuniary damage – financial award (with regard to Art. 5); Pecuniary damage – financial award (with regard to two applicants); Costs and expenses partial award.
Citations:
Times 10-Mar-2005, 47676/99, 29798/96, [2005] ECHR 144, [2005] ECHR 147, [2006] RA 329
Links:
Worldlii, Worldlii, Bailii, Bailii
Statutes:
European Convention on Human Rights 6
Citing:
Cited – Regina v Alfreton Justices, Ex Parte Gratton QBD 25-Nov-1993
The appellant community charge payer (under 21) appealed after being committed to prison for non payment of the tax. The magistrates had come to the conclusion that they could not consider attaching the applicant’s liability to pay the charge to his . .
Lists of cited by and citing cases may be incomplete.
European, Human Rights, Magistrates
Updated: 29 June 2022; Ref: scu.223799