Court : House of Lords
..... by the court more recently in brown v united kingdom appn no 44223/98, 2 july 2002 (unreported): article 6(2) of the convention was not violated by a provision which enabled a newspaper proprietor or publisher to escape strict liability under section 4(5) of the sexual offences (amendment) act 1976 only if he proved, on the balance of probabilities, that he was in no way at fault in connection with the offending ..... attached to the requirement in section 117 of the act that the director of public prosecutions give his consent to a prosecution (a matter mentioned by the court of appeal in para 42 of its judgment) for the reasons given by the court of appeal in para 91 of its judgment in attorney general's reference (no 1 of 2004) [2004] ewca crim ..... the court rejected (para 58) the irish government's contention that the enactment in question was justified by its security and public order concerns since the enactment extinguished the very essence of the applicants' rights ..... in legislation regulating the conduct of economic and social life: see smith and hogan, criminal law, 10th ed (2002), chapter 7, "crimes of ..... that no international convention directed to countering terrorism requires the criminalisation of nominal membership of a proscribed organisation; only a minority of states seek to penalise nominal membership; and lord lloyd of berwick in the report of his inquiry into legislation against terrorism (cm 3420, october 1996, paragraph 6.11) did not recommend that course. 48 ..... part iii .....
Tag this Judgment!Court : House of Lords
..... have obtained his release by undertaking to observe the law and refrain from activities contrary to the offences against the state (amendment) act 1940, but instead challenged the lawfulness of the irish derogation. ..... in urging the fundamental importance of the right to personal freedom, as the sixth step in their proportionality argument, the appellants were able to draw on the long libertarian tradition of english law, dating back to chapter 39 of magna carta 1215, given effect in the ancient remedy of habeas corpus, declared in the petition of right 1628, upheld in a series of landmark decisions down the centuries and embodied in the substance and procedure of the law to our ..... the court did not have to consider the position of aliens judged to present a terrorist risk (p 696) but might well have sanctioned indefinite detention in such circumstances given the heightened deference shown by us courts to the judgments of the political branches with respect to national security: see chae chan ping v united states 130 us 581 (1889); wilsher, "the administrative detention of non-nationals pursuant to immigration control: international and constitutional law perspectives" (2004) 53 iclq 897, ..... here the context is set by the nature of the right to liberty which the convention guarantees to everyone, and by the responsibility that rests on the court to give effect to the guarantee to minimise the risk of arbitrariness and to ensure the rule of law: aksoy v turkey (1996) 23 ehrr 553, 588, .....
Tag this Judgment!Court : House of Lords
..... security council resolution 1373 of 28 september 2001 called for co-operation and exchange of information to prevent terrorist acts, but also reaffirmed resolution 1269 of 19 october 1999 which called for observance of the principles of the un charter and the norms of international law, including international humanitarian law ..... effect was made by the committee against torture, the special rapporteur on torture, the chairperson of the 22nd session of the board of trustees of the united nations voluntary fund for victims of torture and the acting united nations commissioner for human rights on 26 june 2004 (cat report to the general assembly, a/59/44 (2004), para 17). ..... by section 1 (as amended by section 35 of the 2001 act) siac was to be a superior court of record, now (since amendment in 2002) including among its members persons holding or having held high judicial office, persons who are or have been appointed as chief adjudicators under the nationality, immigration and asylum act 2002, persons who are or have been qualified to be members of the immigration appeal tribunal and ..... that the conduct complained of in ireland v united kingdom, or some of the category ii or iii techniques detailed in a j2 memorandum dated 11 october 2002 addressed to the commander, joint task force 170 at guantanamo bay, cuba, (see the torture papers: the road to abu ghraib, ed k greenberg and j dratel, (2005), pp 227-228), would now be held to fall within the definition in article 1 of the torture .....
Tag this Judgment!Court : House of Lords
..... the notice to be given to the superintendent registrar under section 27 in part iii of the 1949 act in the case of a marriage covered by section 19, but nothing turns on the ..... the common law of legitimising sexual relations and securing ..... the 2004 act should be read as meaning has the written permission of the secretary of state to marry in the united kingdom, such permission not to be withheld in the case of a qualified applicant seeking to enter into a marriage which is not one of convenience and the application for, and grant of, such permission not to be subject to conditions which unreasonably inhibit exercise of the applicants right under article 12 of the ..... ago, the marriage act 1949, amended from time to time since, remains the primary statute governing the solemnisation ..... it has been accepted that national laws may lay down rules of substance based on generally recognised considerations of public interest, of which rules concerning capacity, consent, prohibited degrees of consanguinity and the prevention of bigamy are examples (hamer v united kingdom (1979) 24 dr 72, para 62; draper v united kingdom (1980) 24 dr 72, para 49; f v switzerland (1987) 10 ehrr 411, para 32; sanders v france (1996) 87 b-dr 160, 163; ..... chapter 1, section 15, para 3, of the instructions (criteria for granting a certificate of approval) makes provision for postal application and states: in order to qualify for a certificate of approval, a person must have valid leave to enter or remain in the .....
Tag this Judgment!Court : House of Lords
..... the race relations (amendment) act 2000, inserted a section directed to national security into the race relations act 1976, and contained express statutory authority to make rules which would exclude a claimant and his representatives from the hearing and for the appointment of a special advocate who would not be responsible to the person whose interests ..... the board's functions were conferred by paragraph 1(2) of schedule 5 to the 1991 act: "it shall be within the capacity of the board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of (b) its functions under chapter ii of part ii of the crime (sentences) act 1997 in respect of life prisoners within the meaning of that chapter ..... the parole board rules, while not specifically applicable to mandatory lifers, but issued in line with the application of article 5(4) of the echr to other categories of life sentence prisoners, acknowledge that the public interest may restrict the prisoner's right in this respect (reference rule 5 [of the parole board rules 1997]); c) the source or sources of the 'sensitive material' - these parties have the right under articles 2 and 3 of the echr, and under common law ..... the understanding of the house of commons constitutional affairs committee ("the operation of the special immigration appeals commission (siac) and the use of special advocates", seventh report of session 2004-05, vol 1, hc 323-1, 3 april 2005, para 52(iii)) .....
Tag this Judgment!Court : House of Lords
..... the house of lords considered the milk and milk products act (northern ireland) act 1934, but the decision turned upon the issue whether the act was a law in respect of trade (an excepted object) or in respect of precautions taken to secure the health of the inhabitants by protecting them from the ..... 162 to 185): the first, that the decision to enact section 9 of the biot order 2004 was made without regard to relevant considerations and interests, and that, when regard is had thereto, no decision could rationally have been taken on the material available in the sense in which it was, and the second, that the foreign secretarys press statement and conduct in introducing the ordinance on 3 ..... the order was also expressed to reserve to her majesty full power to make laws from time to time for the peace, order and good government of [biot] (including, without prejudice to the generality of the foregoing, laws amending ..... the approach set out by sir thomas bingham mr in r v ministry of defence, ex p smith [1996] qb 517, 554: the court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range ..... chapter 29 of magna carta, sir sydney cited the statement of blackstone, commentaries on the laws of england (15th edition, 1809) vol 1, p 137, that no power on earth, except the authority of parliament, can send any subject of england out of the ..... iii) had by the .....
Tag this Judgment!Court : House of Lords
..... the state and so is more immediately relevant for present purposes: the contracting states shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the ..... the omission of section 1(1) of the 1981 act from the list of offences in section 31(3) should be made good in one or other of four ways: (i) by recognising that there was a freestanding defence under article 31(1); (ii) by reading section 1(1) of the 1981 act into the list; (iii) by legitimate expectation; or (iv) by holding that her prosecution under section 1(1) of the 1981 act ..... found in what the attorney general, lord williams of mostyn, said at third reading about the amendment which introduced the clause that was to become section 31: hansard (hl), 2 november 1990, col 784: the purpose of the amendment is to ensure that someone who comes within article 31(1) of the united nations convention ..... chapter 1 (international movement, sojourn and settlement), section ii, chapter 2 (travel documents), and section iii, chapter ..... state for the home department, ex p sivakumaran [1988] ac 958, 990g; lord steyn in r (european roma rights centre and others) v immigration officer at prague airport and another (united nations high commissioner for refugees intervening) [2004] ukhl 55, [2005] 2 ac 1, paras 40-42; section 2 of the asylum and immigration appeals act 1993; .....
Tag this Judgment!Court : House of Lords
..... the same vein, my noble and learned friend, lord bingham, giving the advice of the board in grant v the queen [2006] ukpc 2, [2007] 1 ac 1 observed, at para 20, that the right to confrontation expressed in the sixth amendment to the us constitution, for all its interest to legal antiquarians, is not matched by any corresponding requirement in english law ..... always be in violation of article 6 to admit written statements as evidence under the relevant provisions of (at that time) the criminal justice act 1988 from witnesses who, it had been shown, could not be called or cross-examined because they could not be ..... to them the words of the court of appeal (in the context of reading statements) in r v arnold [2004] ewca ..... the netherlands at paras 45-46, the court first cited a line of authority, including asch v austria (application no 12398/86) (1991) 15 ehrr 597, sa di v france (application no 14647/89) (1993) 17 ehrr 251, ps v germany, para 24 and luc v italy (para 40, quoted below), for the proposition that reliance on testimony (in those cases of identified witnesses) not adduced before the trial court only required the possibility of cross-examination where such testimony played a main or decisive role in securing the ..... the possibility of measures to conceal the identity of witnesses but concluded (chapter 2, para 55) that the very serious limitations they would place on effective cross-examination would imperil the whole concept of a fair trial, and the committee regarded this, as the .....
Tag this Judgment!Court : House of Lords
..... , and the bill of rights: a perspective from the united kingdom" (2004) 121 south african lj 359, 382, points out, good faith in scottish contract law, as in south african law, is generally an underlying principle of an explanatory and legitimating rather than an active or creative nature: see also his chapter on good faith in the scots law of contract in good faith in contract and property law, ..... the relevant provisions of the race relations act 1976, as amended by the race relations (amendment) act 2000, at the material time (they have been further amended since) were as follows: "1 racial discrimination (1) a person discriminates against another in any circumstances relevant for the purposes of any provision of this act if- (a) on racial grounds he treats that other less favourably than he would treat other persons; or (b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of ..... to the immigration act 1971 the immigration officer may, by reason of that person's ethnic or national origin - (a) subject the person to a more rigorous examination than other persons in the same circumstances; (b) exercise powers under paragraphs 2(3), 2a, 4 and 21 of schedule 2 to the immigration act 1971; (c) detain the person pending his examination under paragraph 16 (1) of schedule 2 to the immigration act 1971; (d) decline to give the person's notice of grant or refusal of leave to enter in a form permitted by part iii of the .....
Tag this Judgment!Court : House of Lords
..... law, 5th ed (1942), vol iii, p 11), "the novel disseisin was directed to secure an undisturbed possession: the assize of nuisance to secure ..... the criminal law (1877, chapter xix, p 108) sir james stephen defined a common nuisance as " an act not warranted by law or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise ..... and srivastava [2004] ewca crim 2375, [2005] 1 cr app r 328, paras 29-34, in a passage which i would respectfully adopt: "29 to develop his argument on uncertainty, mr gledhill [for dr misra] focussed our attention on art 7 of the convention, entitled 'no punishment without law' which provides: '7(1) no-one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it ..... the environmental protection act 1990, as amended, establishes nine categories of statutory nuisance (the state of premises, smoke emissions, fumes or gases from dwellings, effluvia from industrial trade or business premises, accumulations or deposits, animals, noise from premises, noise from vehicles or equipment in a street and other matters declared by other acts ..... the indictment preferred against him was challenged at the central criminal court before leveson j, who held a preparatory hearing under section 29 of the criminal procedure and investigations act 1996 to resolve the issues of law raised by the .....
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