The Impact of the EU Charter on Fundamental Rights

« Back to listing

Too low to know?

Theo Huckle QC and Christopher Johnson explore asbestos exposure guidance limits and the foreseeability of injury.

« Back to listing

Grenfell Tower — a different perspective

Theo Huckle QC compares & contrasts the public safety Policy agendas of administrations in Westminster & Wales.

« Back to listing

Is the CFA system broken, at least for proper use of counsel?

Theo Huckle comments in response to Joely Moorcroft. 

« Back to listing

Special Treatment - Theo Huckle QC and Christopher Johnson examine the law on claiming damages for immunotherapy for cancer patients

« Back to listing

CRPD Training - Leeds - Nov 14th

2017 | |

« Back to listing

BRIEF OF AMICUS CURIAE THE CRIMINAL BAR ASSOCIATION OF ENGLAND & WALES IN SUPPORT OF PETITIONER

FFGQC contributed to an amicus brief in support of an appeal to the US Supreme Court, by Robert McCoy, who is on death row in Louisiana. His own defence lawyer told the jury at his trial that he was guilty, in defiance of his instructions. 

 

« Back to listing

Closing the Gaps: Health and Safety at Home

« Back to listing

Briefing and Accompanying Questions for Clarification from the UK Government in Relation to the EU Charter of Fundamental Rights and the Proposal in the EU Withdrawal Bill to Exclude the Charter from UK Law Post Brexit

1.      Clause 5(4) of the EU Withdrawal Bill states that “the Charter of Fundamental Rights is not part of domestic law on or after exit day”. The Explanations to the EU Withdrawal Bill justifies the decision to exclude the Charter from retained EU law as follows, “The Charter did not create new rights, but rather codified rights and principles which already existed in EU law. By converting the EU acquis into UK law, those underlying rights and principles will also be converted into UK law, as provided for in this Bill.”

2.      This statement in the Bill’s Explanations is misleading. It would appear to consciously distort the impact of the Charter. The Charter has transformed access to human rights protection within the EU. Drawing on existing rights, the Charter set out a new framework for human rights protection under EU law. By making the Charter one of the three treaties making up the EU, the Charter takes precedence over EU law. The decision to remove the EU Charter from retained EU law post Brexit cannot be justified by the reasons given. Those reasons do not stand up to scrutiny.

3.      It is correct to say that the Charter did not replace EU fundamental rights principles. The Charter formulated and prescribed those principles. The EU Charter is now the principal source of EU fundamental rights. It is disingenuous to say that the Charter did not create new rights. By drawing together the rights in the Charter from many disparate sources a number of essential and core issues where recognised as rights. That was the point of drafting the Charter. It captured those rights that all in the EU could take for granted. It made visible and tangible what had previously been unknown.

4.      Prior to the drafting of the Charter in 2000 it was not possible to identify the scope and extent of EU fundamental rights. As well as identifying new issues as requiring protection as human rights which had previously not attained that status, the Charter has expanded and developed more established rights and it has recognised new rights.

5.      The decision to exclude the Charter from retained EU law risks a serious diminution of rights protection in the UK. The rest of EU law that is being retained is expected to be interpreted consistently with the Charter. The Charter underpins all EU law. By converting the EU acquis in to UK law is not the same as continuing the protection provided for by the Charter.

6.      And whilst the Explanations to the EU Withdrawal Bill acknowledge that the EU fundamental rights principles will continue to apply, this is also misleading, bordering on the dishonest, because they apply in name only. They cannot be enforced. As the Explanations point out, under Schedule 1 “there is no right of action in domestic law post‐exit based on failure to comply with EU general principles.” That Schedule also prevents courts from ruling that “a particular act was unlawful or quash any action taken on the basis that it was not compatible with the general principles”. General principles are therefore rendered nugatory. Damages are also disallowed.

7.      If the Charter is not to be retained post Brexit, to prevent that serious diminution of rights protection in the UK, it must be replaced. One method to retain a comparable level of human rights protection post Brexit would be to append the core UN human rights treaties ratified by the UK to the Human Rights Act (HRA), along with key treaties adopted under the Council of Europe.

8.      The simplest mechanism to retain the same level of human rights protection post Brexit that we currently enjoy is to retain the Charter. If retained, to ensure consistency, the Charter needs to be given the same status as the European Convention of Human Rights (ECHR) in UK law in relation to retained EU law.

9.      Again to ensure consistency, the judgments of the Court of Justice of the European Union (CJEU) should be given the same status in UK law as the judgments of the European Court of Human Rights. Under S.2 of the HRA, those judgments must be taken into account.

10.  If HMG has concerns about how the EU Charter has been determined by the CJEU, which cases which have been decided by the CJEU with reference to the Charter would HMG take issue with?

11.  The 50 rights contained in the Charter go beyond the framework for human rights protection in the UK. And even though, as the Bill’s Explanations acknowledge, there are rights in the Charter that are contained in the ECHR, which to all intents and purposes is part of UK law, the majority of the rights in the Charter are novel in a UK context. It maybe that the UK recognises those rights, for example, the UK has ratified the UN Convention on the Rights of the Child, but those rights are not enforceable under UK law. They are under the Charter.

12.  As the Bill’s Explanations correctly note, the Charter does draw upon the wider UN human rights framework but the overwhelming majority of those rights are not enforceable in the UK. This contrasts with the Charter which is enforceable in the UK when the issues in dispute are within the scope of EU law.

13.  As is clear from the EU Withdrawal Bill itself, the scope of EU law is wide and extensive and currently the Charter applies whenever EU law is engaged. The Charter does not apply to purely UK domestic law. It would not, for example, apply to the detention of prisoners, unless those detainees are held pursuant to EU law, for example under a European Arrest Warrant.

14.  Parliament has made it clear to the Government that it wants to work with it to ensure that Brexit is seamless and successful. Parliament has not authorised the Government to use Brexit as an opportunity to reduce human rights protection in the UK.

15.  The EU Withdrawal Bill and the accompanying Explanations propose a serious and significant reduction in human rights protection within the UK as a consequence of leaving the EU. If that is correct, that is unacceptable.

16.  If the EU Charter is to be excluded from retained EU law post Brexit, the Government needs to explain how the same level of human rights protection will continue.  By simply asserting the EU acquis will be converted into UK law is insufficient. It is incorrect to assert that this could establish the same level of human rights protection as is currently guaranteed by the Charter.

17.  Below a non-exhaustive list of Charter rights are identified that are either not included in the HRA or are developed beyond the rights contained in the ECHR. These rights have no obvious equivalence in UK law. The Government is asked to confirm how they anticipate these rights will be enforced in the absence of the Charter, including which aspects of the EU acquis could be used to guarantee these rights.

18.  Any diminution of human rights protection is of the utmost significance. It is people, their property and their interests that are harmed as a consequence. The Government needs to engage in this exercise with corresponding seriousness. Simply referring to the Explanations which accompany the EU Charter would trivialise what we are seeking to establish.

19.  The purpose of those Explanations was to provide a road map identifying where the rights in the Charter are drawn from. Those Explanations do not provide a legal basis for asserting rights.

20.  Relying on any distinction between rights and principles contained in those Explanations and Article 52, CFR more generally to obfuscate would be unhelpful and suggest an unwillingness to engage in this exercise. It is accepted that the distinction between rights and principles may be germane on a case by case basis, but it is not relevant to the framework of human rights protection guaranteed by the Charter itself.

21.  By requesting this detailed clarification from the Government we are seeking to establish to what extent the exclusion of the EU Charter will, may or will not dilute human rights protection in the UK post Brexit. Once there is a clearer picture following the outcome of this exercise it may be possible to support the exclusion of the Charter from retained EU law.

22.  Where the EU acquis is relevant to the response please give full details.

Questions for Clarification from the Department for Exiting the European Union (HMG):

i.        Will HMG identify where the right to human dignity is expressly recognised in UK law as an enforceable right? Article 1, CFR states: Human dignity is inviolable. It must be respected and protected.

ii.      Case law of the European Court of Human Rights has referred to dignity, as have the courts in the UK, but that is not the same as granting an independent and enforceable right to human dignity. Is there an enforceable right to human dignity of general application under the common law or in UK statute law which will be applicable to retained EU law post Brexit?

iii.    Will HMG identify where the right to respect for physical and mental integrity is expressly recognised in UK law as an enforceable right? Article 3, CFR spells out the right to the integrity of the person. This right is separate and distinct from the prohibition on torture, inhuman and degrading treatment and punishment provided for in the ECHR. If the Charter is omitted from retained EU law, will there no longer be an enforceable right to integrity of the person in the UK in relation to that retained EU law?

iv.     Will HMG identify where the right to protection of personal data including the right to be forgotten, is expressly recognised in UK law as an enforceable human right? Article 8, CFR guarantees protection of personal data. This is a separate and distinct right from the right to respect for private life provided for in the ECHR.

v.       If the Charter is left out from retained EU law will there no longer be an enforceable right to protection of personal data in the UK in relation to that retained EU law?

vi.     Case law of the European Court of Human Rights has referred to the right to protection of personal data, as have the courts in the UK, but that is not the same as granting an independent and enforceable right to protection of personal data. Is there an enforceable right to the protection of personal data of general application under the common law or in UK statute law? How will HMG ensure the same level of protection of personal data post Brexit?

vii.   Article 9, CFR contains a right to marry which is gender neutral. Will HMG identify where that gender neutral right to marry is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

viii. Article 10(2), CFR contains a right to conscientious objection. Will HMG identify where that right is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

ix.     Article 11(2), requires that the freedom and pluralism of the media shall be respected. Will HMG identify where that freedom and pluralism of the media is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

x.       Article 13, CFR requires that academic freedom shall be respected. Will HMG identify where respect for academic freedom is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xi.     Article 14, CFR guarantees a right to education. This right, unlike the right in the ECHR, is framed in the affirmative as opposed to the right in Protocol 1, Article 3 ECHR as a right not to be denied an education. Will HMG identify where the right to education is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xii.   Articles 15 CFR grants the freedom to choose an occupation and the right to engage in work. Will HMG identify where the freedom to choose an occupation and the right to engage in work is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xiii. As part of the Brexit negotiations how will the Secretary of State for Exiting the EU guarantee that Articles 15(2) and (3) are guaranteed?

xiv.  Articles 16 and 17(1) CFR guarantee the freedom to conduct a business and the right to property. Will HMG identify where the freedom to conduct a business is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xv.   As part of the Brexit negotiations how will the Secretary of State for Exiting the EU guarantee that Articles 16 and 17(1) are guaranteed?

 

xvi. Article 17(2), CFR requires that intellectual property shall be respected. Will HMG identify where the respect for intellectual property is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xvii.                       Article 18, CFR guarantees the right to asylum. Will HMG identify where the right to asylum is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xviii.                     Article 19(1), CFR prohibits collective expulsions. Will HMG identify where the prohibition on collective expulsions is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xix. Is equality before the law as guaranteed by Article 20, CFR an enforceable right in UK law? If it is guaranteed by the common law does this apply across the UK and can that right be removed or limited by statute? How will HMG ensure the same level of protection post Brexit?

xx.   The Equality Act 2010 deepened and strengthened non-discrimination provisions in UK law. Article 21, CFR prohibits against discrimination. Is the reach of Article 21 wider than the Equality Act 2010? In what respects will there be lesser protection against discrimination if the Charter is omitted from retained EU law? How will HMG ensure the same level of protection post Brexit?   

xxi. Article 21(1), CFR expressly protects against discrimination based on sexual orientation in UK law. Will HMG identify where protection against discrimination is recognised as a human right in UK and where that right is expressly recognised in UK law as an enforceable right? How will HMG ensure the same level of protection post Brexit?

xxii.                       In international law, the UK is bound by its human rights treaty obligations at the UN and the Council of Europe. Do any of these treaty obligations expressly protect against discrimination on the basis of sexual orientation?

xxiii.                     Are the other protected grounds in Article 21(1), CFR fully covered by the UK’s wider international human rights treaty obligations? If so, how?

xxiv.                      The EU Charter provides extensive protection from discrimination on the grounds of sex, including in Articles 21, 23 and 33. In the absence of the Charter, can HMG confirm that these rights are fully protected under UK law and if they are, how does UK law give effect to these rights? How will HMG ensure the same level of protection post Brexit?

xxv.                        Can HMG confirm that all references to sex in the CFR include those who are trans?

xxvi.                      Article 24, CFR gives effect within the scope of EU law to the UN Convention on the Rights of the Child. That Convention, whilst ratified by the UK does not have domestic effect. What rights in UK law guarantee the same level of protection for children as are provided by Article 24 within the scope of EU law? How will HMG ensure the same level of protection post Brexit?

 

xxvii.                    The solidarity rights guaranteed by Title IV of the Charter continue to apply and Protocol 30 to the Lisbon Treaty simply clarifies their application. Can HMG confirm how these rights will continue to be guaranteed post Brexit should the Charter be omitted? How will HMG ensure the same level of protection post Brexit?

xxviii.                  How will a high level of human health protection as provided for by Article 35 be guaranteed? Similarly how will a high level of environmental protection (Article 37), as well as consumer protection (Article 38) continue to apply within UK law?

xxix.                      Is there a right to good administration within UK law which is comparable to Article 41, CFR?

xxx.                        The right to a fair trial under the ECHR is limited to the determination of a criminal charge and civil rights. Article 47, CFR is not restricted in this way. How does UK law provide for the same scope as Article 47? How will HMG ensure the same level of protection post Brexit?

xxxi.                      Does UK law provide for the same access to legal aid as guaranteed by Article 47 and if so how?

xxxii.                    Article 48(3) asserts that, the severity of penalties must not be disproportionate to the criminal offence. Where is there a comparable guarantee in UK law?

 

Jonathan Cooper

Doughty Street Chambers

9 November 2017

« Back to listing

The Disappearing Trial - September 2017 issue of the New Journal of European Criminal Law (NJECL).

« Back to listing

The Lost Years

« Back to listing

LGBT With Jesus’s Blessing? Coming To A Church Near You?

« Back to listing

On Happiness: Democracy, Equality And Human Rights

« Back to listing

Nowt So Queer As Dartington

« Back to listing

“Violating the right to a fair trial ? The secure dock in England and Wales”  - Archbold Review- Issue 7 - 24/08/17

« Back to listing

The Rise of Synthetic Cannabinoids (“Spice”) and their Impact On The Prison Estate - Archbold Review - issue 5 - 27/06/17

« Back to listing

Are we doing enough to ensure juries understand expert evidence and judicial directions - Archbold Review - issue 4 - 17/05/17

« Back to listing

Rethinking Freedom of Thought for the 21st Century

« Back to listing

Human Rights of Migrants in the 21st Century

« Back to listing

‘Human Rights’ in Satow’s Diplomatic Practice

« Back to listing

The Right to Insult in International Law

« Back to listing

The evidential dangers of CCTV evidence - How slow motion replays distort criminal liability - Archbold Review issue 10 - 14/12/16

« Back to listing

Open Season, in Closed session

« Back to listing

Search and seizure: your rights

« Back to listing

A tale of two orders

« Back to listing

Reassertion of Control over the Investment Treaty Regime (Cambridge University Press, 2016) (forthcoming)

Legitimate Regulatory Interests – Case Law and Developments in International Investment Agreement Practice”, in A. Kulick (ed.), Reassertion of Control over the Investment Treaty Regime (Cambridge University Press, 2016) (forthcoming) 

« Back to listing

Landmark Sovereign Debt Restructuring Award, Opinion Juris Blog

Landmark Sovereign Debt Restructuring Award”, Opinion Juris Blog, available here  (30 April 2015) 

 

« Back to listing

Investor-State Arbitration as International Public Law: Deference, Proportionality and the Standard of Review

Investor-State Arbitration as International Public Law: Deference, Proportionality and the Standard of Review”, in I. Laird & T. Weiler (eds.), Investment Treaty Arbitration and International Law (Juris Publishing, 2015)

« Back to listing

That’s Entertainment? The Anonymity of Arrestees and the Law

2015 | Paul Mason |

Should we know when someone is arrested even if they have yet to be charged? Does it make any difference if that person is a public figure, or that they have been arrested for a sexual offence? High profile arrests under Operation Yewtree of Paul Gambaccini, Jim Davidson, Jimmy Tarbuck and Freddie Starr were widely reported in the press. None of the men were charged.

 

What is the relationship between the law, the media, the police and the public?  The Law Commission, Leveson Report and Home Affairs Select Committee have all addressed the issue, but the position remains fluid. This article summarises the principle arguments, explaining the law and analysing the recent proposal and recommendations for reform.

 

To view this article please see here

« Back to listing

Blackstone’s Guide to the Proceeds of Crime Act (OUP, 2015, 5th ed.)

« Back to listing

Is it Now Time to Abolish the Dock in all Criminal Proceedings in England and Wales? - Archbold Review issue 3 - 17/04/15

On 3rd April Joe Stone QC produced an article for the Archbold Review 

« Back to listing

The Right to a Fair Trial in International Law (Forthcoming)

Forthcoming, 2016

« Back to listing

Evaluating Transitional Justice - Accountability and Peacebuilding in Post-Conflict Sierra Leone

Demonstrating groundbreaking analysis, this is the first major study to evaluate the transitional justice programme in Sierra Leone. Rather than focusing on a single mechanism, the authors examine how the Special Court, Truth and Reconciliation Commission (TRC), local justice initiatives and reparations programme interacted. Contributors to the book include the Prosecutor of the Special Court and one of the Commissioners from the TRC, alongside a range of experts on transitional justice, on international law and on Sierra Leone. The authors consider the political and normative drivers of transitional justice and the lessons that the Sierra Leone programme stands to offer other post-conflict situations. The importance of long-term planning, local partnership and the management of the politics and trade-offs for future transitional justice programmes cannot be underestimated. This edited volume makes a significant contribution to the field by demonstrating how contextual knowledge should be used alongside normative standards when evaluating transitional justice.

 

Wayne Jordash QC wrote the chapter; 'Comparing Fairness and Due Process in the RUF and CDF cases: Consequences for the Legacy of the Special Court for Sierra Leone'.

 

To purchase a copy of this book please see here.

« Back to listing

Supperstone, Goudie and Walker: Judicial Review Fifth edition eBook

2015 | Adam Straw |

Adam Straw is a contributing author in Supperstone, Goudie and Walker: Judicial Review Fifth edition eBook.

 

Now in its fifth edition, Supperstone, Goudie and Walker: Judicial Review provides an authoritative and comprehensive text on the entire law of judicial review. Fully updated, this title provides a thorough, detailed analysis of this complex area of law from a team of judicial review experts. It contains an essential account of relevant cases plus examples of the application of the general principles, covering the law of judicial review in a number of areas, including local government, town and country planning, immigration and housing and social security. Supperstone, Goudie and Walker: Judicial Review is the only title that gives the depth and expertise of guidance needed to enable practitioners to advise and make decisions with complete confidence.

 

Content

  • Introduction
  • Judicial Review: The Historical Background
  • Judicial Review: Its Provenance and Scope
  • The Human Rights Act and Judicial Review
  • The Ambit of Judicial Review
  • Illegality: The Problem of Jurisdiction
  • Discretionary and Duty - The Limits of Legality
  •  Unreasonableness and Proportionality
  • Procedural Rules and Consultation
  • Natural Justice and Fairness-The Audi Alteram Partem Rule
  • Bias-Interest and Favour
  • Other Grounds of Review
  • Crown Proceedings
  • European Union Law
  • Remedies: Mandatory, Probiliting and Quashing Orders
  • Declarations, Injunctions and Money and Restitutionary Remedies
  • Restrictions on the Availability of Judicial Review
  • Procedure: The Early Stages
  • Procedure: Hearing and Appeals
  • Devolution
  • Judicial Review in Scotland

 

For moreinforamtion about this ebook please see here.

« Back to listing

Inquests: a practitioner’s guide

2015 | Adam Straw |

Authors - Leslie Thomas QC, Adam Straw, Daniel Machover and Danny Friedman QC

 

Inquests: a practitioner's guide seeks to assist legal practitioners in promoting the rights of bereaved people who become involved in inquests. It is uniquely focused on examining the practice and procedure of the coroner's court from the point of view of practitioner acting for the bereaved.

Since the last edition the coronial system in England and Wales has undergone fundamental reform. This edition is up to date to include:

  • The new statutory regime governing the powers and duties of coroners: Coroners and Justice Act 2009, Coroners (Inquests) Rules 2013 and Coroners (Investigations) Regulations 2013
  • The public funding regime under the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Continuing applicable developments under international human rights law
  • A new chapter on public inquiries and other investigations


Inquests: a practitioner's guide is a comprehensive yet accessible and practical guide. There is thorough consideration of the practice and procedure of the coroner's court, in-depth analysis of an ever-evolving body of case-law in UK and Strasbourg alongside practical and tactical guidance for practitioners from reporting the death through to the hearing, funding and remedies.

Contents include:

  • Historical origins of modern inquests
  • Coroner qualifications, appointment, bias, removal and immunity
  • The coroner's duties
  • Jurisdiction, suspension and resumption of an inquest
  • The post-mortem and forensic toxicology
  • Immediate action on behalf of the deceased's family
  • Funding of representation at the inquest
  • Conference with the advocate
  • Pre-inquest review hearings
  • The inquest hearing
  • The jury
  • The conclusion
  • Inquests and the European Convention on Human Rights
  • Controversial deaths: special cases
  • Post-inquest remedies
  • Public inquiries and other investigations
  • Extracts from legislation, useful resources, sample narrative directions and rulings from coroners, letters, precedents and non-statutory forms

Essential reading for barristers, solicitors and other advocates, coroners, campaigning organisations and public bodies.

For more information on the publication please see here.

« Back to listing

Human Rights Practice

2015 | Adam Straw |

Adam Straw was a contributing editor in Article 2 (2015): Simor QC and Emmerson QC (Ed), Human Rights Practice.

 

Providing comprehensive information on this important and complex field, Human Rights Practice:

  • Explains the Human Rights Act 1998 and its impact on domestic law
  • Guides you, chapter-by-chapter, through each Article and Protocol of the European Convention on Human Rights
  • Contains extensive case law from both the European Court of Human Rights in Strasbourg and UK courts
  • Covers key Convention principles developed by the Court and the Commission, such as proportionality and necessity
  • Details the procedures you need to follow when taking a case to Strasbourg, including time limits, legal aid, levels of compensation and representative action and evidence
  • Contains all relevant primary material and reproduces the Human Rights Act 1998 in full
  • Includes a range of useful material including the rules of the European Court of Human Rights, the composition of the Court, list of useful website links, plus much more

For more information about this publication please see here.

« Back to listing

Mental Health Tribunal Handbook

2015 | Sophy Miles, Sarah Johnston, Dr M Claire Royston |

Mental Health Tribunal Handbook will help those who are new to this demanding, fascinating and rewarding area of practice and also will provide an accessible reference point for the experienced practitioner.

Contents include: Purpose of the Mental Health Act and key concepts > civil sections: admission, transfer and community treatment > mentally disordered offenders > consent to treatment > mental health tribunals > Mental Health Act 1983 Parts 6-10 > Mental Capacity Act 2005 and DOLS > children and young people > regulation, ethics and guidance > funding > evidence gathering and preparation > the process before hearing > the hearing > appeals > understanding mental disorder > top ten cases > appendices: Tribunal Procedure Rules, practice directions, guidance forms, standard letters and section papers checklists. The authors have many years' experience both representing clients and sitting on the tribunal panel. With a combined legal and medical background they are uniquely placed to guide practitioners through the procedural steps of taking a case from initial instructions through to hearings and, where necessary, to appeals to the Upper Tribunal. There is guidance on psychiatric concepts, expert witnesses and reports and advice on preparation, effective communication and skilled advocacy throughout the tribunal process. 

Mental Health Tribunal Handbook

« Back to listing

Police Misconduct and the law

2015 | |

Stephen Cragg QC, Tony Murphy and Heather Williams QC continue their six-monthly review of important developments in the law relating to police misconduct.

 

CASE-LAW Stop and search • R (Roberts) v Commissioner of Police of the Metropolis and others [2014] EWCA Civ 69, 4 February 2014 The claimant appealed a finding by the High Court (see October 2012 Legal Action 20) that her stop and search by police pursuant to section 60 of the Criminal Justice and Public Order Act 1994 was compatible with articles 5, 8 and/or 14 of the European Convention on Human Rights ('the convention'). 

 

To veiw the full artical please see here.

« Back to listing

Police Misconduct: Legal Remedies

This complete guide for all advisers, practitioners, students and academics has been expanded and updated to give fuller treatment to the practice and pocedure of suing the police, from pre-action considerations through issue of proceedings, summons for directions and discovery to the trial itself. It covers wrongful convictions, the Human Rights Act, inquests, inquiries, judicial review, criminal injuries compensation and property held by the police.

 

Review

'Lawyers and non-lawyers concerned with complaints of police misconduct will find this essential reading.' --Law Society Gazette

 

About the Author

John Harrison is a solicitor and partner at Sharpe Pritchard in London. Stephen Cragg is a barrister at Doughty Street Chambers in London specialising in actions against the police and public law. Heather Williams QC is a barrister at Doughty Street Chambers in London specialising in civil liberties, actions against the police, human rights and discrimination law. 

 

To order this publication please see here.

« Back to listing

The Anatomy of an Unfair Trial

Published: Huffington Post (19th August 2014)

« Back to listing

Bribery: A Compliance Handbook

Bribery: A Compliance Handbook is a practical guide to regulation in relation to corrupt practices. The book considers the safeguards and practical measures that organisations should put in place to prevent prosecution or regulatory action. It is a compliance text focussing on the requisite measures to be put into place by company directors and compliance officers to avoid liability.

 

This book is a reference point for those concerned with regulation of potentially corrupt activities. It covers the current bribery legislation in the UK and the domestic and international context within which it was enacted and reviews each of the principle offences and considers some case studies and issues that affect particular sectors.

 

The emphasis of the book is on preventative matters rather than defending subsequent prosecutions and will appeal not just to lawyers, but to compliance officers, non executive directors and others who are required to be aware of the provisions.

 

Bribery: A Compliance Handbook is essential reading for in-house and private practice lawyers advising clients in this area and for compliance officers or Board members, who post Bribery Act are ever more likely to be engaged with the difficult practical issues the new legislation gives rise to. 

« Back to listing

Search and seizure: your rights

« Back to listing

Principal’s Consent: has the mist finally cleared? March 2014

2014 | |

« Back to listing

The Special Tribunal for Lebanon: Law and Practice

2014 | Amal Clooney, David Tolbert, Nidal Jurdi (Editors) |

« Back to listing

Bullen & Leake & Jacob’s Precedents of Pleadings, 17th edition

Harry Lambert and Robin Oppenheim QC contribute chapter to the 1st supplement to the 17th edition of Bullen & Leake & Jacob's Precedents of Pleadings.
Their chapter, “Multi-Party Actions”, includes a wealth of practical precedents as well as providing an up to date analysis of the substantive law on Part 19 and GLOs. It confirms Doughty Street’s Product Liability and Group Actions team as amongst the foremost in the country.
 

« Back to listing

Security Council in Starting and Stopping Cases at the International Criminal Court: Problems of Principle and Practice (Chapter)

Chapter:   The Role of the Security Council in Starting and Stopping Cases at the International Criminal Court: Problems of Principle and Practice.

Publisher: British Institute of International and Comparative Law,

Published: 2014

« Back to listing

Children In Need - Second Edition Published by Legal Action Group.

The Legal Action Group have published a second edition of the popular handbook, 'Children in Need,' written by specialist practitioners from Doughty Street Chambers.  It sets out the statutory obligations of local authorities to support vulnerable children and families, including children in and leaving custody, disabled children, migrant children and families, trafficked children and children leaving care.

 

The authors are very grateful to Lord Justice Munby for providing a foreword.  He says,

 

‘Ian Wise and his colleagues have, in masterful fashion, incorporated the mass of new material which has emerged since the first edition and performed that difficult task so skilfully that the book has grown but little. It remains both comprehensive and accessible, a handbook for the real world.’ 

More details, and how to order, available here.

« Back to listing

Behind Bars: A safe haven

Child offenders should be given anonymity to ensure they can be rehabilitated and move on in later life, says Jeannie Mackie.

Read full article here.

« Back to listing

Contemporary Issues in Refugee Law

Publisher: Edward Elgar Publishing, 2013

A collection on Contemporary Issues in Refugee Law is just out, co-edited by Colin Harvey, of the School of Law at QUB and one of our academic panellists.

« Back to listing

The Impact of the Hybrid Nature of International Proceedings on Counsel (Chapter)

2013 | Amal Clooney, S.Kay QC |

Publisher: International Bar Association.

« Back to listing

Behind Bars: The not so distant future

Jeannie Mackie pays a visit to the privatised courts of the government’s imagination.

Read full article here.

« Back to listing

Can a defendant be so dangerous that he should not be produced in person for his trial? Archbold Review issue 4 - 14/05/13

Publisher: Archbold Review, Issue 4, 14th May 2013.

 

 

 

 

 

« Back to listing

Rape, Consent and Intoxication: A legal Practitioner’ Perspective - Alcohol and Alcoholism Advance Access - 03/05/13

Publisher: Medical Council on Alcohol and Oxford University Press, 2013

« Back to listing

Legal Action Group handbook on Healthcare Regulatory Law

2013 | |

Forthcoming

« Back to listing

Housing and Human Rights Law

Publisher: Legal Action Group

« Back to listing

Atkins Court Forms (Trespass to the Person)

« Back to listing

Blackstone’s Criminal Practice 2013

2013 | Tim Moloney QC, Author on: Sexual Offences, Terrorism and Appeals |

Publisher: Oxford University Press, 2013

« Back to listing

Give prisoners more not less

Publisher: Solicitors Journal, 7th May 2013

Stripping prisoners of recreational privileges won't solve recidivism. if the government had any insight into prison life they would understand, says Jeannie Mackie.

 

« Back to listing

Behind Bars: An Easter farce

Jeannie Mackie writes about her concerns for the best value contracts.

Read full article here.

« Back to listing

Archbold Review - Cases in brief - Bauer and Other v DPP [2013] EWHC 634 (Admin)

2013 | |

« Back to listing

Foreign National Prisoners - Law and Practice Principal Author Laura Dubinsky (LAG, 2012)

2013 | Alasdair Mackenzie, Laura Dubinsky, Hamish Arnott |

Foreign National Prisoners: law and practice is the first inter-disciplinary guide to the immigration law, prison law and false imprisonment aspects of legal challenges brought by foreign national prisoners and former prisoners (FNPs). The book provides a detailed analysis and critique of the case-law from the domestic, Strasbourg and Luxembourg courts; a comprehensive overview of the relevant legislation and prison and Home Office policies; and practical guidance.

Pricipal Author: Laura Dubinsky

« Back to listing

Behind Bars: Common sense and a sharp eye

Stories about dopey juries are irresistable to the mainstream press but Jeannie Mackie gives a little airtime to the juries that put the pros to shame.

Read full article here.

« Back to listing

Behind Bars: Turning over a new leaf

Jeannie Mackie suggests some New Year’s resolutions for the Ministry of Justice.

Read full article here.

« Back to listing

Will Syria go to the ICC?

Publisher: The Lawyer, December 2012

To veiw this publication please see here and here

« Back to listing

Extradition Bulletin – Issue 1

2012 | |

Varga – Press Release from European Court of Human Rights

 

Varga – Judgment of European Court of Human Rights

« Back to listing

Behind Bars: Going to the next level

Jeannie Mackie discusses the struggle facing courts in tackling andclassing child pornography, and how best to prosecute offenders.

Read full article here.

 

« Back to listing

Behind Bars: New bill will help remove the mental health stigma

A private member’s bill looking at lifting the ban on serving in parliament on mental health grounds could help everybody think differently, says Jeannie Mackie

Read full article here.

« Back to listing

Does Libya have an obligation to Surrender Saif Gaddafi to the ICC?

Publisher: Prepared for and published online by Lawyers for Justice in Libya) (2012)

« Back to listing

Lexis Nexis Practice Notes - Assisted suicide and Prison Rules

Publisher: Lexis Nexis

« Back to listing

Prisons and Prisoners

2012 | , Authors 1999, Consultant Editor 2012 |

Publisher: Halsbury’s Laws 1999

« Back to listing

Freedom of Persons in the Enlarged European Union

2012 | John Walsh, Co-Author |

Publisher: Sweet and Maxwell (Re-published 2012)

« Back to listing

Reparations and Victim Support in the International Criminal Court

2012 | |

Publisher: Cambridge University Press, Cambridge, 2012

« Back to listing

Best Practice Guide to Asylum and Human Rights Appeals

Publisher: 2nd edition, Immigration Law Practitioners' Association in association with the Refugee Legal Group

« Back to listing

Taylor on Criminal Appeals

Publisher: Oxford University Press, 2012

« Back to listing

Professional discipline and healthcare regulators - A legal handbook

This is a practical and accessible guide to the law, practice and procedure of professional disciplinary hearings before healthcare regulators. This book is essential reading for lawyers, advisers, trade union officials and healthcare professionals. It is a practical handbook for the busy legal practitioner and an affordable and accessible guide for registrants and their union representatives. The authors are all members of Doughty Street Chambers professional discipline and regulatory team.

 

Click here for further details.

« Back to listing

Jackson’s Immigration Law and Practice

2011 | Charlotte Kilroy, Joe Middleton, George Warr, Julian Onslow-Cole Editors |

Publisher: Bloomsbury, 2011

« Back to listing

Butterworths Immigration Law Service

Publisher: Butterworths, Contributing Editor

« Back to listing

The Law of Habeas Corpus

2011 | Judith Farbey QC, R.J. Sharpe |

Publisher: Oxford University Press

« Back to listing

Criminal Procedure Rules

2011 | Tim Moloney QC, Duncan Atkinson (Treasury Counsel) |

Publisher: Oxford University Press, 2011

« Back to listing

Children in Need: local authority support for children and families

Publisher: LAG

Children in Need is the first comprehensive and accessible handbook to set out the duties and powers of local authorities to support children and families, including children in, and leaving, custody, disabled children, migrant children and families, trafficked children and children leaving care. Taking a rights-based approach, it analyses domestic and international law and sets out the entitlements to services and support that are all too often denied

« Back to listing

Rook and Ward on Sexual Offences

2010 | Tim Moloney QC, His Honour Judge Peter Rook QC and Robert Ward CBE |

Publisher: Sweet and Maxwell 2010

« Back to listing

Collection of Evidence in International Criminal Justice (Chapter)

2010 | Amal Clooney, Chapter |

Publisher: Oxford University Press, 2010

Amal Alamuddin authored chapter on Collection of Evidence.

« Back to listing

Expanding Jurisdiction over War Crimes under Article 8 of the ICC Statute

2010 | Amal Clooney, P.Webb |

Publisher: Oxford University Press, 2010

« Back to listing

Judicial Review

2010 | Alex Gask, Goudie & Walker |

Publisher: LexisNexis, 2010

« Back to listing

The Law of Public Order and Protest

2010 | David Rhodes, Edward Rees QC, Richard Thomas, Ruth Brander, HHJ Peter Thornton QC, Mike Schwarz |

Publisher: Oxford University Press, 2010

« Back to listing

Arden & Partington’s Quiet Enjoyment

2010 | David Carter, Andrew Arden, Andrew Dymond |

Publisher: Legal Action Group 5th and 5th ed.

« Back to listing

An Introduction to International Criminal Law and Procedure

2010 | Elizabeth Wilmshurst, Robert Cryer, Hakan Friman and Darryl Robinson |

Publisher: Cambridge University Press, 2010

 

« Back to listing

Clinical Risk: Gamete Donor Secrecy and Human Rights

2010 | |

« Back to listing

Extradition and Mutual Legal Assistance Handbook

2010 | John R.W.D. Jones QC, Rosemary Davidson |

Publisher: 2010, OUP

The Extradition and Mutual Legal Assistance Handbook is the new edition of the previously entitled Extradition Law Handbook.

« Back to listing

Disabled children: a legal handbook

2010 | , Luke Clements and Janet Read |

Publisher: LAG

« Back to listing

Human Rights in the Investigation and Prosecution of Crime (OUP, 2009)

« Back to listing

Collection and Retention of Person Data in Human Rights in the Investigation and Prosecution of Crime

Publisher: Oxford University Press

« Back to listing

Human Rights in the Investigation and Prosecution of Crime

Publisher: Oxford University Press, 2009

David Bentley QC - Chapter on "Fair Trial".

« Back to listing

Human Rights and the Investigation and Prosecution of Crime

Publisher: Oxford University Press, 2009

« Back to listing

International Crimes and the ad hoc Tribunals

Publisher: Oxford University Press 2009

« Back to listing

Perspectives on the Nuremberg Trial

Publisher: Oxford University Press 2009

« Back to listing

The Treatment of Prisoners under International Law

2009 | Professor Nigel Rodley, Matt Pollard |

Publisher: Clarendon Press/ UNESCO, 2nd Edition 1987; 3rd Edition 2009, with Matt Pollard

« Back to listing

African Guide to International Criminal Justice

2008 | Max du Plessis, Edited |

Publisher: Institute for Security Studies, 2008

« Back to listing

The Law of Command Responsibility

Publisher: Oxford University Press 2008

« Back to listing

Promoting Equality and Diversity: A Practitioner’s Guide

2007 | Henrietta Hill QC, Richard Kenyon |

Publisher: Oxford University Press, 2007

  • Combines comprehensive coverage of the legal concepts relating to discrimination with real practical advice on how to implement equality measures
  • Adopts a task based approach drawing together all the "strands" of discrimination to provide a fully integrated legal analysis
  • Provides practical solutions to legal problems setting the law in a tangible context
  • Offers pragmatic advice on practical issues, such as how to carry out impact assessments, how to carry out equal pay audits, and the role of monitoring
  • Covers both recent and forthcoming legislation in relation to the duty to promote equality such as the Equality Act 2006, the Employment Equality (Age) Regulations 2006 and the Disability Discrimination Act 1995
  • Contains useful checklists, precedents, and examples to assist the reader and to make the book as accessible as possible

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)