HUMAN RIGHTS

[2018] EWCA Crim 547 [2018] EWCA Crim 547

A judge’ directions to the jury as to the meaning of “acts of terrorism” and other terms within the Terrorism Act 2006 s.2 had adequately protected a young offender’s ECHR art.10 rights.

[2018] EWHC 407 (Admin) [2018] EWHC 407 (Admin)

Application of the “multiple conviction rule” under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 art.2A(3)(c) and the Police Act 1997 s.113A and s.113B, requiring disclosure of spent convictions, resulted in an interference with ECHR art.8 which was neither in accordance with the law nor necessary in a democratic society.

[2018] UKSC 11 [2018] UKSC 11

The state was obliged under ECHR art.3 to conduct an effective investigation into crimes involving serious violence to persons, whether that had been carried out by state agents or individual criminals. For the right to be practical and effective, an individual who had suffered ill-treatment had a right to claim compensation against the state where there had been a failure to conduct a sufficient investigation. To succeed in a claim, a claimant had to establish that there were serious defects in the police investigation into the particular case; there was no need to establish that there were serious failings of a systemic nature.

[2018] EWHC 144 (Admin) [2018] EWHC 144 (Admin)

A university’s decision to exclude a student from a pharmacy degree course on the basis of non-disclosure of criminal convictions received as a juvenile was quashed. The university’s fitness to practise panel’s failure to take into account the student’s considerable mitigation meant that it had not struck a fair balance between his rights and the protection of the public.

[2018] EWHC 210 (Admin) [2018] EWHC 210 (Admin)

Due to a fugitive offender’s mental health needs and the risk of suicide if he were extradited, and in the context of an increased prison population in Turkey following an attempted coup and the lack of available healthcare, extradition to Turkey would breach the individual’s ECHR art.3 rights.