Court : House of Lords
..... j) dismissed the appellants appeals. 43. the fair employment and treatment (northern ireland) order 1998 replaced with amendments the fair employment (northern ireland) acts 1976 and 1989. section 19 of the 1998 order makes it unlawful for an employer to discriminate against a person, in relation to employment in northern ireland, by, inter ..... he was a member of a party that supported terrorist violence. the plaintiff complained of discrimination on the ground of his political opinion under section 19 of the northern ireland constitution act 1973. the statute contained no equivalent of article 2(4) of the 1998 order. not surprisingly, kerr j was convinced that, if - ..... to endanger life or property and possession of explosives with intent to endanger life, in addition to lesser offences. he was released from custody on 13 october 1998 under the terms of the northern ireland (sentences) act 1998. by section 3 of that act, before a prisoner was eligible for release several conditions had to .....
Tag this Judgment!Court : House of Lords
..... relevant in the present case, because mce pleaded guilty to a number of charges before the judicial review proceedings were commenced, c and a pleaded guilty to explosives offences very soon after leave to appeal to the house of lords was given, and m was released from police custody before the application for judicial review was ..... however, in relation to lpp on the premise that surveillance of communications covered by lpp can be authorised so as to be lawful for all purposes under section 27 of the act. the issue is whether that premise is correct. 34. ripa was, as its name indicated, designed to regulate the use of investigatory powers. these included ..... which the common law rule rests cannot include the case of communications, criminal in themselves, or intended to further a criminal purpose: r v cox and railton (1884) 14 qbd 153, 167. that all having been said, however, the circumstances in which authorisation may be given for covert surveillance are not confined to situations where .....
Tag this Judgment!Court : House of Lords
..... para 14. of course, it is not necessary that the information should be useful only to a person committing etc an act of terrorism. for instance, information on where to obtain explosives is capable of falling within section 58(1), even though an ordinary crook planning a bank robbery might also find it useful. 44. the role of ..... but not unprecedented, for parliament to create an offence of this kind, based on a reasonable suspicion as to the purpose behind a defendants possession. section 57(1) is presumably modelled on section 4(1) of the explosive substances act 1883, which provides: any person who makes or knowingly has in his possession or under his control any ..... to show, for instance, that his actual purpose for having an explosive was to blow open a bank vault. he would get out of the section 57(1) charge but would have constructed a cast-iron case against himself under section 4(1) of the explosive substances act 1883, which carries a maximum penalty of 14 years imprisonment. 75. .....
Tag this Judgment!Court : House of Lords
..... cells including the al qa'eda network. he has been twice convicted in his absence by a jordanian court of participation in terrorist conspiracies to cause explosions in that country. the grounds of challenge 158. all three aliens claim that deportation to their respective countries of nationality would violate their rights under ..... the autumn of 2000 mr othman was convicted in jordan, again in his absence, in a case known as the millennium conspiracy', of conspiracy to cause explosions. the case against him included an incriminating statement made by a co-defendant, mr abu hawsher to the state prosecutor. mr othman was sentenced to 15 years ..... be made public because disclosure would be contrary to the public interest. amendments have been made to the act by, among others, the nationality, immigration and asylum act 2002 (the 2002 act). 11. section 82 of the 2002 act gives those adversely affected by immigration decisions, including decisions to deport, the right to challenge the decisions .....
Tag this Judgment!Court : House of Lords
..... no doubt the type of incident which occurred and the intensity of the abuse varied from day to day. the list reads as follows: (i) the throwing of an explosive device on ardoyne road on the 5th september 2001 as children were being taken to the school. (ii) the throwing of other missiles at those making the journey to and ..... would have been any better. indeed, it could have been a great deal worse. they were in very real physical danger at the beginning. on 5 september an explosive device was thrown into the road where they were walking but thankfully injured no-one. the difficulties and dangers to them in doing what it is now suggested should have ..... rights or those of her child under that article. 63. another argument addressed to the house concerned the observance by the police of their duty under section 32 of the police (northern ireland) act 2000. this issue is in the strict sense ancillary to the article issue, for the argument depends on the contention that the police failed to give .....
Tag this Judgment!Court : House of Lords
..... which the events constituting the tort or delict occurred. that country in this case is iraq, and therefore iraqi law would ordinarily apply. 42. section 12 of the 1995 act provides that the general rule may be displaced if, on comparison of the factors connecting a tort or delict with the country where it occurred with ..... civil presence as unmik. 19. the applicants claims in strasbourg were not the same. the behramis complained of death and injury caused to two children by the explosion of an undetonated cluster bomb unit, previously dropped by nato. they blamed kfor for failing to clear these dangerous mines. mr saramati complained of his extra-judicial ..... his internment is necessary for imperative reasons of security in iraq. he was suspected of being a member of a terrorist group involved in weapons smuggling and explosive attacks in iraq. he was believed by the british authorities to have been personally responsible for recruiting terrorists outside iraq with a view to the commission of .....
Tag this Judgment!Court : House of Lords
..... must order the person's discharge (in relation to that offence) (subsection (3)). 63. the expression "an extradition offence" is defined in and limited by section 64 of the act. the section applies "in relation to conduct of a person if - (a) he is accused in a category 1 territory of the commission of an offence constituted by ..... galvez that the appellant should be subject to unconditional temporary imprisonment to await his trial for the offence of collaboration with an islamist terrorist organisation in connection with explosions that took place in four trains in madrid, with much loss of life, on 11 march 2004. 11. the validity of the warrant falls to be ..... has been certified by the national criminal intelligence service, then the authority designated by the secretary of state for purposes of part 1 of the 2003 act under section 2(9) of the act, to be a judicial authority which has the function of issuing arrest warrants in spain. 8. the short question is whether this arrest warrant, .....
Tag this Judgment!Court : House of Lords
..... supplemented existing criminal law statutes such as the explosive substances act 1883 and the aviation and maritime security act 1990. it replaced some earlier statutes such as the prevention of terrorism (temporary provisions) act 1989 as amended. it contained, in section 1, a far-reaching definition of terrorism: "(1) in this act 'terrorism' means the use or threat of ..... system. (3) the use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. (4) in this section (a) 'action' includes action outside the united kingdom, (b) a reference to any person or to property ..... ac 115, 130, 131. reliance was also placed on home office circular 038/2004 (july 2004), authorisations of stop and search powers under section 44 of the terrorism act, addressed to chief officers of police, which emphasised that "powers should only be authorised where they are absolutely necessary to support a force's .....
Tag this Judgment!Court : House of Lords
..... is important to have in mind how they come to arise at all. they arise from the explosive effect of community law on a prime feature of the legislation regarding groups of companies. on its face section 247 precluded non-resident parent companies from making a group income election. the netherlands convention was drafted ..... and the uk and italy did. the agreements themselves did not ipso facto become enforceable in our domestic law but section 788 of the 1988 act gave them that enforceability. sub-section (1) of section 788 declared that "if her majesty by order in council declares that arrangements specified in the order have been made ..... tax. what was unlawful was interfering with the pirelli parent companies' article 52 freedom of establishment by denying their subsidiaries a facility (the ability to avoid act by making a group income election) available to uk-resident parent companies' subsidiaries. the charge which was found proved was discrimination against other member state parent .....
Tag this Judgment!Court : House of Lords
..... clear and simple. he submitted, correctly, that the offences charged against the appellant appear in the european framework list (and in schedule 2 to the 2003 act), and that section 65(2) is specifically directed to framework list offences. but some of the conduct alleged against the appellant is said in the warrant to have taken place ..... in the high court of justiciary at a special hearing convened at kamp van zeist in the netherlands were charged, among other things, with conspiracy to cause the explosion. the charge alleged that they did or caused to be done various things in pursuance of the conspiracy in countries outside the united kingdom which culminated in the ..... placing of an explosive device on an aircraft in malta from where the device was transported to frankfurt and thereafter to london where it was loaded onto an aircraft on panam .....
Tag this Judgment!