Law and Rights
On 15th March Law and Lawyers noted that the U.K. government had requested the Grand Chamber of the European Court of Human Rights to consider the case of Greens and M.T. v U.K. decided by a chamber of the court on 23rd November 2010.
The Grand Chamber has refused and the U.K. now has 6 months from 11th April 2011 to introduce legislative proposals. The blanket ban within the U.K. on prisoner voting was
found to be in breach of the Convention in Hirst v U.K. (No.2) decided in 2005. There will be intense dislike of this within the British government. Their reaction is awaited with interest. See Euronews 21st February 2011 - "Britain promises European Human Rights debate" when the U.K. takes the chairmanship of the Council of Europe.
The media are inaccurate in using the term "appeal" in relation to this process. Article 43 of the European Convention on Human Rights sets out the process. Within 3 months of the date a Chamber judgment, any party to the case, may, in exceptional cases, ask for the case to be referred to the Grand Chamber. A panel of five Grand Chamber judges then sits to decide whether to accept the referral. The panel "shall" accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the Protocols thereto, or a serious issue of general importance. (Paragraph 9.2 of this document is also of interest). Unfortunately, in the Greens and MT case, the panel of five has not given reasons for deciding not to accept the case. Clear reasons, stating at least the key points, are important in judicial decision-making and in enabling the general public to discover, if they so wish, why a court reached a particular conclusion.
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- Prisoners And Voting
In Hirst v United Kingdom (2004) 38 EHRR 40 a Chamber of the European Court of Human Rights ruled that the U.K.'s blanket ban on convicted prisoners voting in elections was in breach of the Convention. That decision was confirmed by the Grand...
Law and Rights
Prisoner Voting ... UK government given 6 months to introduce legislation ...
The Grand Chamber has refused and the U.K. now has 6 months from 11th April 2011 to introduce legislative proposals. The blanket ban within the U.K. on prisoner voting was
found to be in breach of the Convention in Hirst v U.K. (No.2) decided in 2005. There will be intense dislike of this within the British government. Their reaction is awaited with interest. See Euronews 21st February 2011 - "Britain promises European Human Rights debate" when the U.K. takes the chairmanship of the Council of Europe.
The media are inaccurate in using the term "appeal" in relation to this process. Article 43 of the European Convention on Human Rights sets out the process. Within 3 months of the date a Chamber judgment, any party to the case, may, in exceptional cases, ask for the case to be referred to the Grand Chamber. A panel of five Grand Chamber judges then sits to decide whether to accept the referral. The panel "shall" accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the Protocols thereto, or a serious issue of general importance. (Paragraph 9.2 of this document is also of interest). Unfortunately, in the Greens and MT case, the panel of five has not given reasons for deciding not to accept the case. Clear reasons, stating at least the key points, are important in judicial decision-making and in enabling the general public to discover, if they so wish, why a court reached a particular conclusion.
- Strasbourg Decides For The Uk Government
The Criminal Justice Act 2003 Part 11 Chapter 2 (CJA) enacted major changes to the law relating to the admissibility in criminal trials of hearsay evidence. The changes were based on Law Commission proposals though Parliament did not completely...
- Prisoner Voting - Scoppola V Italy - Will Prisoners Finally Have To Be Granted The Right To Vote?
The European Court of Human Rights has announced that, on 22nd May, the Grand Chamber will hand down judgment in Scoppola v. Italy (N° 3) concerning a prisoner?s right to vote. The case concerns the applicant?s disenfranchisement following his...
- Strasbourg Finds Against The Uk - Ms V Uk
The prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights - M.S. v. the United Kingdom (application No. 24527/08). In a judgment which is not final, the Fourth Section of the European Court of...
- Pesky Time Limits And Abu Qatada - No.2
On 19th April Law and Lawyers posted on Pesky Time Limits and Abu Qatada. In that post it was argued that when a judgment was handed down on 17th January, it would be 17th April when the 3 month time limit for a party to request a reference to the...
- Prisoners And Voting
In Hirst v United Kingdom (2004) 38 EHRR 40 a Chamber of the European Court of Human Rights ruled that the U.K.'s blanket ban on convicted prisoners voting in elections was in breach of the Convention. That decision was confirmed by the Grand...