RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

[2018] UKSC 27 [2018] UKSC 27

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

Extradition was a proportionate interference with the private life of an individual convicted of serious offences of domestic violence despite an unexplained delay of more than eight years in reissuing a European arrest warrant. A district judge had been wrong to discharge him.

[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] 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.

A district judge had erred in finding that, on the evidence, it was beyond reasonable doubt that an extraditee was a fugitive and had deliberately absented himself from his trial in Poland. Further, fresh evidence regarding the extraditee’s son’s likely autism diagnosis meant that the balance under ECHR art.8 fell against ordering extradition.