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20 Dec 2013, 2:27 am by Maurice Sheridan, Matrix
The judgments in R (Chester) v Secretary of State for Justice; R (McGeogh) v The Lord President of the Council and Another (Scotland) [2013] UKSC 63 were handed down in October 2013. [read post]
18 Mar 2008, 2:42 am
Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison Court of Appeal “In the criminal sentencing context, the court could read words into a statutory instrument to correct a drafting omission. [read post]
7 Dec 2009, 3:06 am
Regina (Adams) v Secretary of State for Justice Court of Appeal "A convicted person seeking compensation after the reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there was a miscarriage of justice had to show that the facts were unknown to him during the trial or appeal. [read post]
6 Nov 2009, 2:14 am
R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316  ”Where a United Kingdom court had made a declaration of incompatability pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further [...] [read post]
26 Oct 2010, 3:08 am by michael
Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267 “The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. [read post]
23 Jul 2009, 2:16 am
Regina (P) v Secretary of State for Justice Court of Appeal “A real and immediate risk to life was required to justify a self-harming young man's request that the State investigate treatment he received while detained in a young offenders institution. [read post]
21 Mar 2011, 3:49 am by sally
Regina (Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269; [2011] WLR (D) 95 “Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. [read post]
30 Mar 2012, 3:37 am by tracey
R (King) v Secretary of State for Justice: (Bourgass and another) v Same: CA Civ 376;  [2012] WLR (D)  102 “For the purposes of article 6 of the European Convention on Human Rights there was no civil right derived from domestic and common law to associate with fellow prisoners, so that an administrative decision to segregate or continue segregation of a prisoner was not a determination of such a right.” WLR Daily, 27th Mach… [read post]
2 Dec 2008, 10:32 am
Regina (JL) (a Youth) v Secretary of State for Justice House of Lords “A near-suicide in custody which resulted in the prisoner's mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life. [read post]
11 May 2016, 6:07 am by scanner1
CRIMINAL – JUSTICE COURT APPEAL DA 14-0525, 2016 MT 102, STATE OF MONTANA, Plaintiff and Appellee, v. [read post]
6 Feb 2009, 2:25 am
Regina (TF) v Secretary of State for Justice Court of Appeal “A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it. [read post]
26 Mar 2008, 3:38 am
Regina (Rayner) v Secretary of State for Justice Court of Appeal “The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under article 5.4 of the European Convention on Human Rights. [read post]
19 Jul 2012, 4:54 am by tracey
Regina (Modhej and another) v Secretary of State for Justice: [2012] EWCA Civ 957;  [2012] WLR (D)  210 “Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed… [read post]
8 May 2009, 2:55 am
R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same (Same intervening)) [2009] UKHL 22; [2009] WLR (D) 145 “The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate [...] [read post]
11 May 2016, 6:15 am by scanner1
CIVIL – DECLARATORY JUDGMENT DA 15-0213, 2016 MT 104, MONTANA IMMIGRANT JUSTICE ALLIANCE, MEA-MFT; and ALISHA BLAIR, Plaintiffs and Appellees, v. [read post]
30 Jul 2008, 9:03 am
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262 “The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children's Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom. [read post]
14 Mar 2008, 2:48 am
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85 “The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court. [read post]
20 Apr 2012, 7:29 am by immigrationprof
Vigil for Justice and the American Dream has a message on how the Supreme Court's ruling in Arizona v. [read post]