Criminal, Featured, Human Rights »

[ 14 Aug 2014 | No Comment ]
Tackling alcohol-rated offending – are “Sobriety tags” the answer?

The first “sobriety tag” has been fitted to a man who had been found guilty of drunken affray. The introduction of the tags, which monitor consumption of alcohol by the wearer, is part of a year-long pilot scheme to tackle alcohol-related reoffending.
Why is the government trialling ankle tags to monitor alcohol consumption? How is the pilot scheme proposing to operate?
Anthony Edwards (AE): To see if it is an effective requirement to be added to community orders and suspended sentences. It represents a real punishment as the consumption of alcohol is controlled …

Blog, Criminal, Featured, Human Rights »

[ 13 Aug 2014 | No Comment ]
Victims of trafficking empowered to seek compensation

Hounga v Allen and another
The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair. The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed.
The Supreme Court, allowing the …

Family, Featured »

[ 12 Aug 2014 | One Comment ]
Should the press be able to report the evidence in a financial remedy case?

There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.
The fundamental issue was the extent to which the legitimate entitlement of the media to attend private financial hearings introduced by the recent change in the Family Procedure Rules 2010, SI 2010/2955 had impacted on what had always been the accepted prior position. Reporting restrictions arising …

Blog, Criminal, Featured »

[ 11 Aug 2014 | No Comment ]
Abolishing prison sentences for drug users: sensible or a step too far?

By Merry Neal
Nick Clegg announced last week that a pledge to abolish prison sentences for the possession of drugs for personal use will form part of the Liberal Democrat’s manifesto for the next election. The manifesto commitment would include a promise to move the drug policy lead from the Home Office to the Department of Health, and would seek to divert users into treatment for their addiction, community sentences, or to civil penalties that do not attract a criminal record. The plans would even extend to the possession of Class …

Blog, Featured, Human Rights »

[ 7 Aug 2014 | No Comment ]
What is the future for UK human rights?

What does the current legal framework for human rights look like in the UK?
The legal framework for protecting fundamental human rights contained in HRA 1998 achieved an unusual balance between incorporating international human rights standards with existing domestic constitutional arrangements. While requiring judges in HRA 1998, s 3 to take account of the European Convention on Human Rights (ECHR) and its jurisprudence in interpreting domestic law as far as possible, it also preserved Parliamentary sovereignty in respect of legislation that was incompatible with the ECHR.
HRA 1998, s 4 only gives judges the power to make …