Court : House of Lords
..... not acceded when the act was passed) provided that the death penalty, which could still be imposed under the army act 1955, the air force act 1955 and the naval discipline act 1957, should be replaced by a liability to life imprisonment or any lesser punishment authorised by those acts. ..... custody abroad, respectively by french police in khartoum and by italian police in costa rica, and flown respectively in a french military airplane to france and in an italian air- force ..... involving uruguay (l pez 68 ilr 29 and celiberti de casariego 68 ilr 41) were also concerned with irregular extraditionsof citizens of uruguay kidnapped in respectively argentina and brasil by uruguayan security forces working with their argentine and brasilian counterpartsand it was in these two cases that the human rights commission said that "it would be unconscionable to so interpret the responsibility under article 2 ..... so far as it relates to any provision contained in the army act 1955, the air force act 1955 or the naval discipline act 1957, extends to any place to which that ..... so far as it relates to any provision contained in the army act 1955, the air force act 1955 or the naval discipline act 1957, extends to any place to which that provision ..... of those laws too and so to give effect to the change in penalty in the relevant provisions of the air force act, as they form part of the laws of the channel islands and of the isle of man. ..... take the air force act 1955, for example: by virtue of section 214, for .....
Tag this Judgment!Court : House of Lords
..... view, part ii of the regulation of investigatory powers act 2000 (ripa) permits covert surveillance of communications and consultations between a person in custody and his or her lawyer, notwithstanding that such communications enjoy legal professional privilege, and despite such a persons statutory right to consult a ..... furthermore, as explained more fully by baroness hale in paras 68 to 70, ripa was enacted ahead of the human rights act 1998 coming into force, and in the context of the previous authorisation of telephone tapping and of surveillance of private conversations by the 1985 act and part iii of the 1997 act respectively, to achieve compliance with article 8(2) ..... if not essential, that the provisions of the code should be such as to reassure those in custody that, save in exceptional circumstances, their consultations with their lawyers will take place in private. ..... that ripa permits the code to authorise surveillance of communications between solicitors and their clients both in custody and outside it in those exceptional circumstances where this will be compatible with the convention. ..... if parliament had intended ripa to override the express statutory rights of those in custody to consult lawyers in private i find it hard to conceive that the surveillance in question would not have been placed within the category ..... to come into force in october 2000 ..... person exercising or performing such duties to have regard to the provisions of every relevant code of practice in force. .....
Tag this Judgment!Court : House of Lords
..... in the current proceedings against mr g, the prosecution case is that, while in custody, he collected and recorded information likely to be of use to a person committing or preparing an act of terrorism. ..... finally, in urging a generous interpretation and application of section 58(3), mr mcnulty argued forcefully that an over-zealous use of section 58 by the police and prosecuting authorities could alienate young people and exacerbate rather than reduce the threat of terrorism in this country. ..... and indeed, after the act came into force, the crown soon adopted the practice of charging defendants with possession of a document or record, contrary to section 57(1) or, alternatively, contrary to section 58(1). ..... mr j is at present in custody awaiting trial at the crown court sitting at birmingham. .....
Tag this Judgment!Court : House of Lords
..... on a favourable recommendation from the parole boardsome 350 excluded from automatic release because their parole eligibility date preceded 9 june 2008 (when the 2008 act came into force) and who therefore had already been the subject of adverse decisions either by the parole board or by the secretary of state; some 90 excluded because of the sexual or violent nature ..... purpose of the sentence will be punitive and the sentence which the court imposes will represent the period which the court considers that the defendant should spend in custody as punishment for the crime or crimes of which he has been convicted) and para 40 (the primary purpose of [a determinate] sentence is punitive). 75 ..... commission of human rights rejected as inadmissible a complaint by a prisoner, whose long-term determinate sentence had been imposed under section 2(2)(b) of the 1991 act (providing for longer than commensurate custodial sentences to protect the public), that he was entitled to an oral hearing by the parole board of his application for release on licence ..... 1996, he was sentenced to a consecutive term of four years imprisonment for the offences of escaping from custody and assault with intent committed whilst he was being conveyed from the old bailey to hmp belmarsh ..... critical part played by the parole scheme in determining how long a determinate sentence prisoner will in fact remain in custody, it is not difficult to suggest an equal need to operate that scheme judicially as to have a proper .....
Tag this Judgment!Court : House of Lords
..... prison taking their own lives), and a duty under article 2 of the european convention on human rights to protect them [and] to account for any injuries suffered in custody, which obligation is particularly stringent when the individual dies (keenan v united kingdom (2001) 33 ehrr 913, para 90 where the court emphasised, as it had in earlier cases, that persons ..... former were concerned, he referred to: i) mccann where the court said that there must be some form of effective investigation when individuals have been killed as a result of the use of force by inter alios agents of the state; ii) jordan where the court repeated this, but without reference to killing by agents of the state; iii) edwards where the obligation was said to ..... that an individual has sustained life-threatening injuries in suspicious circumstances"; iv) salman v turkey (2000) 34 ehrr 425, where the court said in relation to a death in police custody: the mere fact that the authorities were informed of the death in custody of agit salman gave rise ipso facto to an obligation under article 2 to carry out an effective investigation into the circumstances surrounding the death. 34. ..... investigation in a case involving the suicide of a man in police custody, the european court held that such an investigation should be held when a resort to force has resulted in a persons death": akdogdu v turkey, para 52. ..... the regulations governing carriage by rail, sea and air and in regulations governing health and safety at .....
Tag this Judgment!Court : House of Lords
..... it is certainly not the arbitrary and discriminatory character of the rule of sharia law dictating that at the age of seven a childs physical custody automatically passes from the mother to the father (or another male member of his family)wholly incompatible though such a rule is with certain of the basic principles underlying the conventionwhich, ..... the age of seven when, under the system that regulates the custody of a child of that age under shari'a law in lebanon, his physical custody would pass by force of law to his father or another male member of his family ..... i would therefore question whether it would avail the appellant to rely on the arbitrary and discriminatory character of the lebanese custody regime had she not shown, as in my opinion she has, that return to lebanon would flagrantly violate, or completely deny and nullify, her and afs right to respect for their ..... year period when a child is cared for by the mother, the father retains legal custody and may decide where the child lives and whether the child may travel with the mother ..... lj made detailed reference to four authorities in particular: ullah and razgar, mentioned above, in re j (a child) (custody rights: jurisdiction) [2005] ukhl 40, [2006] 1 ac 80, and marckx v belgium (1979) 2 ehrr 330. ..... the close relationship that exists between mother and child up to the age of custodial transfer cannot survive under that system of law where, as in this case, the parents of the child are longer living together when .....
Tag this Judgment!Court : House of Lords
..... for many years the wall of silence in londons east end frustrated attempts to prosecute the kray twins, until they were taken into custody in 1968 and people felt able to come forward to give evidence. ..... but it never did - even in times, before the creation of organised police forces, when conditions of lawlessness might have been expected to be far worse than today. ..... those witnesses would be giving evidence in support of the defence of reasonable force, which is likely to be challenged strongly. ..... the force of these two principles is such that it requires a clear case of countervailing necessity to allow the admission of any inroad. 50. .....
Tag this Judgment!Court : House of Lords
..... 72) the secretary general reported that 6000 detainees were in the custody of the multinational force and despite the release of some detainees numbers continued to grow. ..... that article 41 powers were or would be inadequate, to take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. ..... would be inadequate, the security council: may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. ..... other operations by air, sea, or land forces of members of ..... of the political process as outlined in paragraph 7 above and to the ability of the united nations to contribute effectively to that process and the implementation of resolution 1483 (2003), and authorizes a multinational force under unified command to take all necessary measures to contribute to the maintenance of security and stability in iraq, including for the purpose of ensuring necessary conditions for the implementation of the timetable and programme ..... of the political process as outlined in paragraph 7 above and to the ability of the united nations to contribute effectively to that process and the implementation of resolution 1483 (2003), and authorises a multinational force under unified command to take all necessary measures to contribute to the maintenance of security and stability in iraq, including for the purpose of ensuring necessary conditions for the implementation of the timetable and programme .....
Tag this Judgment!Court : House of Lords
..... . far from concerning itself about over-early resort to a preparatory hearing or about any impact on any future custody limits, the report urged that "the first preparatory hearing should take place as soon as possible after committal or the issue of a transfer certificate" ..... with this approach, the preparatory hearing marks the start of the trial for the purposes of the relevant custody time-limits: section 22(11a) of the prosecution of offences act 1985 as amended by section 21 of ..... find it difficult to envisage any case, from now on, in which an appellate court should entertain an argument or refuse to hear an appeal from a ruling on a subject-matter falling within paragraph (b), (c) or (since the 2003 act came into force) (d) of section 9(3) on the ground that the purpose of the ruling fell outside section 7(1) ..... the effects of the decision of the court of appeal in r v ward [1993] 1 wlr 619 forced parliament to step in to regulate the question of prosecution disclosure in sections 6 to 8 of the 1996 act ..... the amendments implemented by the 2003 act came into force subsequent to the date (7th july 2004) when the present proceedings were sent to the crown court under section 51 of the crime and disorder act 1998, and so do not apply ..... in principle, therefore, there is great force in the argument that issues about the disclosure of prosecution material ought to have been disposed of well before the question arises as to whether benefits are likely to accrue from ordering a .....
Tag this Judgment!Court : House of Lords
..... . i acknowledge the force of mr turner's argument, especially when viewed against the original paradigm case of abduction by a non-custodial parent from the custodial primary carer ..... and learned friends, lord hope of craighead, lord carswell and lord brown of eaton-under-heywood, i would allow this appeal and dismiss the proceedings, on the ground that the father did not have "rights of custody" for the purpose of the hague convention when a was removed to this country in december 2002, that accordingly the removal was not wrongful, and that no obligation to return the child arises under article 12 of ..... . the courts in this country, i may note, are themselves able to make article 15 determinations with regard to children removed from, or retained outside, the uk by virtue of section 8 of the child abduction and custody act 1985: "the high court or court of session may, on an application made for the purposes of article 15 of the convention by any person appearing to the court to have an interest in the matter, make a declaration or declarator that ..... between the rival expert witnesses on romanian law that he felt the need for "an authoritative decision as to whether or not [the child's removal] was, for the purpose of the hague convention, in breach of the father's rights of custody under the convention" to be "increasingly plain", and therefore asked the father to obtain an article 15 determination which in the event was only finally communicated two years later on 9 june 2005. 81 .....
Tag this Judgment!