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14 Mar 2008, 2:44 am
R (Kelly) v Secretary of State for Justice; R (Bailey) v Secretary of State for Justice; R (Gibson) v Governor of Wymott Prison [2008] EWCA Civ 177; [2008] WLR (D) 84 “Long-term prisoners who had been convicted of offences committed after 29 September 1998 and before 4 April 2005, and who after 4 April 2005 had been released on licence, recalled and then re-released having served three-quarters of their sentences, remained… [read post]
30 Apr 2019, 2:00 am by DONALD SCARINCI
The post Obstruction of Justice Under United States v Aguilar appeared first on Constitutional Law Reporter. [read post]
18 Apr 2008, 1:26 am
Regina (Black) v Secretary of State for Justice Court of Appeal “Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of… [read post]
19 Dec 2008, 10:31 am
R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398 “The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to [...] [read post]
27 Jan 2009, 2:13 am
R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19 “S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not [...] [read post]
4 Dec 2009, 2:45 am by traceydennis
R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350 “A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. [read post]
30 Apr 2019, 2:00 am by DONALD SCARINCI
The post Obstruction of Justice Under United States v Aguilar appeared first on Constitutional Law Reporter. [read post]
13 Sep 2010, 2:52 am by traceydennis
Regina (Webb) v Secretary of State for Justice [2010] WLR (D) 241 “S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. [read post]
30 Jan 2009, 2:34 am
Regina (Black) v Secretary of State for Justice House of Lords “The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence. [read post]
14 Jan 2009, 1:34 am
Regina (Shields) v Secretary of State for Justice Queen’s Bench Divisional Court “The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. [read post]
8 Jul 2009, 3:41 am
R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234 “Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young [...] [read post]
23 Jan 2009, 2:33 am
Regina (F) v Secretary of State for Justice Regina (Thompson) v Secretary of State for the Home Department Queen’s Bench “In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life. [read post]
18 Apr 2008, 1:39 am
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114 “S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
5 Jul 2012, 3:01 am by sally
Regina (S) v Secretary of State for Justice; Regina (KF) v Same [2012] EWHC 1810 (Admin); [2012] WLR (D) 191 “Guidance in prison service instructions as to the approach to be followed by prison governors when exercising their discretion to make deductions from prisoners’ earnings to raise funds to support victims of crime was not unlawful. [read post]
22 Oct 2010, 3:55 am by traceydennis
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258 “The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. [read post]
8 Feb 2010, 3:11 am by traceydennis
R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24  ”When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. [read post]
3 Nov 2009, 2:28 am
Regina (Chester) v Secretary of State for Justice and Another Queen’s Bench Division “An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in [...] [read post]
20 Aug 2009, 2:22 am
Regina (F) v Secretary of State for Justice Court of Appeal “The absence of a right of review at any time of notification requirements imposed upon offenders who had been placed on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life. [read post]
14 Oct 2008, 8:34 am
Regina (C) v Secretary of State for Justice Court of Appeal “Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights. [read post]
23 May 2011, 8:44 am by Edward Craven, Matrix Chambers.
This was the riddle that recently occupied a nine-judge panel of the Supreme Court in R (Adams) v Secretary of State for Justice [2011] UKSC 18. [read post]