Court : House of Lords
..... with others. for the same reasons as those under article 6, the procedures did not ensure due respect for the care workers rights. he declared, therefore, that section 82(4)(b) of the 2000 act is incompatible with the rights afforded by articles 6 and 8 of the convention: [2006] ewhc 2886 (admin), [2007] 1 all er 825. 17. the court ..... be avoided by giving the care worker a right to make representations before being placed on the list. this could be catered for under section 3(1) of the human rights act 1998 by a declaration that section 82(4) was to be read and given effect by reading in the words and after giving the worker an opportunity to make ..... people who pose a risk to children are not allowed to work with them. a system of listing such people is laid down under section 218 of the education reform act 1988 and the protection of children act 1999. it is now also recognised that adults who need special care, either because they are living in care homes or receiving personal care .....
Tag this Judgment!Court : House of Lords
..... court judge, dismissed the application. the court of appeal allowed mr blacks appeal [2008] 3 wlr 845 in part, and granted a declaration that section 35 of the 1991 act is incompatible with article 5(4), as it leaves the decision on release of determinate prisoners, who are serving 15 years imprisonment or more, to the ..... detention in terms of the sentences unlawful, his detention is permitted by article 5(1)(a) of the european convention. 41. two provisions of the 1991 act are relevant. first, by section 35(1), once a long-term prisoner such as mr black has served half his sentence, the secretary of state may, if recommended to do ..... by independent judges after due consideration. the appellants appeal against the four-year sentence was dismissed. 39. when these determinate sentences were passed, section 2 of the criminal justice act 1991 (the 1991 act) applied. subsection (2) provides that the custodial sentence is to be for such term as, in the opinion of the court, is commensurate .....
Tag this Judgment!Court : House of Lords
..... given and the question whether any discretion arisesyour lordships were treated to a series of elaborate arguments involving the minute examination of a large number of the 2003 acts many sections. i confess to having found most of them ultimately unhelpfuland, indeed, there is a risk of the court actually being misled by them, as was hooper ..... given in accordance with rules of court before the end of . . . seven days starting with the day on which the order is made". a number of other sections in the act provide in similar terms for the giving of notices of appeal within a specified period, sometimes seven days, sometimes fourteen. the core questions at the heart of these two ..... and served before the expiry of 7 days, starting with the day on which the order is made; . . . (5) where an appeal is brought under section 103 of the act, the appellants notice must be filed and served before the expiry of 14 days, starting with the day on which the secretary of state informs the person under .....
Tag this Judgment!Court : House of Lords
..... baroness hale of richmond my lords, 75. on 5 july 2004, mrs carol savage walked out of the hospital to which she had been compulsorily admitted under section 3 of the mental health act 1983 over three months earlier. she walked about two miles to a railway station and jumped in front of a train which killed her. an inquest jury ..... and well-being of prisoners. cf slimani v france (2004) 43 ehrr 1068, 1080, para 25, quoted at para 19 below. indeed, in england, section 249(1) of the national health service act 2006 requires the relevant nhs bodies and the prison service to co-operate with a view to securing and maintaining the good health of prisoners. so far ..... can now turn to the position in the present case where, at the time of her death, mrs savage was detained under section 3 of the mental health act 1983. so far as relevant for present purposes, that section authorises admission to a hospital, and detention there, on the ground that the patient is suffering from mental illness of a nature .....
Tag this Judgment!Court : House of Lords
..... those wishing to participate should assemble. what they organised was the event, the gathering together of the participants (itself undoubtedly a public assembly within the meaning of section 14 of the 1986 act); it was assuredly not the actual procession which was then to follow. that, as i have endeavoured to demonstrate, by its very nature was not organised ..... clear days before the date when the procession is intended to be held, the notice may be delivered by post by the recorded delivery service; but section 7 of the interpretation act 1978 (under which a document sent by post is deemed to have been served when posted and to have been delivered in the ordinary course of ..... clear days before the date when the procession is intended to be held, the notice may be delivered by post by the recorded delivery service; but section 7 of the interpretation act 1978 (under which a document sent by post is deemed to have been served when posted and to have been delivered in the ordinary course of .....
Tag this Judgment!Court : House of Lords
..... to the matters about which the witnesses should be examined. the regime where there is a suicide in prison 18. where a death occurs in prison section 8(3) of the coroners act 1988 requires the coroner to conduct an inquest with a jury. it is also the practice of the prisons and probation ombudsman for england and wales ..... even after all that, an independent public inquiry should be held, since it was the only means of ensuring compliance with the article 3 procedural obligation. the fourth section of the court dismissed their complaint on the view that the ordinary mechanisms of civil and criminal justice had provided for an adequate scrutiny of the incident itself and there ..... identify at the outset the issue that langstaff j was asked to resolve and the premises upon which he was asked to do so. these appear from the following section at the beginning of his judgment: 6. the issue for my determination is thus whether in the circumstances of the present case the defendant was, or should be .....
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
..... made provision for freedom of movement of persons in the case of poland. similar provision was made for the other a8 states in other annexes. section 2 of the 2003 act gave power to the secretary of state to make regulations that a specified enactment relating to the entitlement of a national of a state in the ..... (immigration and worker registration) regulations 2004, were made. they were made by the secretary of state as a minister designated for the purpose of section 2(2) of the european communities act 1972, which gives such a minister power to make regulations for the purpose of implementing community law, and in the exercise of the powers conferred ..... on him by section 2 of the european union (accessions) act 2003, which is headed freedom of movement for workers". the conclusion is indeed inescapable, as lord hope explains, at para 30 that any .....
Tag this Judgment!Court : House of Lords
..... detailed, modern form. although it is undesirable for landlords and their advisers to have to consider fine points of construction of a lease before giving effect to the act, the form of section 17 seems to me to make that unavoidable. the second issue (the original appeal) 70. the second issue was argued at some length, with the citation ..... say, for the recovery of which an action could be brought against the current tenant. form 1 in the schedule to the 1995 regulations, made pursuant to section 27 of the act, contains provisions which support that construction but also, it must be said, provisions that seem inconsistent with it. paragraph 3 of form 1 refers to notice ..... which were dealt with in the courts below and have not been revived before your lordships, two points of principle of some importance. first, a point regarding section 17 of the 1995 act is taken. it is a point that i have already foreshadowed. it is submitted that, in a case where a lease says, as both these underleases .....
Tag this Judgment!Court : House of Lords
..... the extent that it is inconsistent with the status of the territory as a british overseas territory or otherwise as provided by the colonial laws validity act 1865. section 15 therefore provides the measure of the legislative powers available to her majesty when making the immigration order but, when enacting the constitution order itself, ..... , there is, of course, no representative legislature: apart from her majesty in council, the only person who can legislate for the territory is the commissioner, acting under section 10 of the constitution order. 82. in campbell v hall lord mansfield described the kings power of legislation in the case of a ceded colony in ..... years) of existence of the parliament of northern ireland to any statutory provision on the ground that it fell outside the general power conferred by section 4 of the 1920 act. it is suggested in calvert, constitutional law in northern ireland (1968), pp 170-172 that such a challenge might nevertheless succeed in an appropriate .....
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