Articles tagged with: Human Rights
By Lyndon Harris
On 18 February 2014, a specially constituted five-judge Court of Appeal (Criminal Division) handed down its judgment in the latest (but not necessarily the last) round of the Westminster vs Strasbourg battle over whole life tariffs.
Much has been written already about the effect of the judgment. Some of it of questionable accuracy, quality and usefulness (the linked to article having originally confused the EU and the ECtHR).
This article will attempt to provide a concise summary of the issues and effect of the judgment.
A summary of the issues …
By David Brannan
Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to move between EU states. The invariable answer is a fear that Britain will leave the EU.
With the promise of a referendum on EU membership, renegotiation of the EU’s treaties and increasing hostility amongst mainstream political parties to immigration, it is not surprising that they have such fears. The interesting question is: are they justified?
Rights under EU …
By Merry Neal
Last week the Florence appeals court found Amanda Knox and Raffaele Sollecito guilty of the murder of Meredith Kercher in a unanimous verdict. Adding to the considerable drama of this case, Sollecito was apprehended close to the border of Austria last Friday, although he denies that he was attempting to flee.
The pair were sentenced to 28 years and 6 months, and 25 years imprisonment respectively. Ms Knox received a higher sentence as she was additionally found guilty of falsely accusing Patrick Lumumba of the crime.
History of the Italian …
By Lyndon Harris
On 24 January 2014, a five-judge Court of Appeal sat to hear the latest in the legal-political battle between London and Strasbourg.
The Court heard three conjoined appeals on the issue of whether or not a whole life tariff was capable of being imposed in light of the decision by the ECtHR in Vinter and Others v UK (Applications nos. 66069/09, 130/10 and 3896/10).
When a life sentence is imposed, the court is usually required to set a minimum term, which must be served. At the expiration of the …
By Elaine Freer
Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to prosecution for murder.
I wrote about this in a previous article, at the end of which I referred briefly to the case of “Martin” (real name unknown), whose case was similar, but with one crucial distinction: whilst Tony Nicklinson sought protection for his wife in these circumstances, Martin sought it for an as-yet unknown person, unrelated to …