The petitioner was sentenced to two consecutive prison terms for assault and robbery, and is currently serving these terms in a Scottish prison. The petitioner claimed that his Article 8 ECHR right to respect for private and family life had been interfered with as a result of a prison PIN telephone system message. The petitioner averred that calls originating from the PIN telephone system played the following pre-recorded message before connecting the caller ...
|
Private Jason Smith, a member of the Territorial Army since 1992, was mobilised for service in Iraq in June 2003. After acclimatising for a short period in Kuwait he was sent to a base in Iraq, from where he was billeted in an old athletics stadium. By August the daytime temperature in the shade was exceeding 50 degrees centigrade. On 9 August he reported sick, complaining of the heat. Over the next few days he was employed in various duties off the base. On the evening of 13 August he collapsed ...
|
Under section 82 Sexual Offences Act 2003 all persons sentenced to 30 months’ imprisonment or more for a sexual offence become subject to a lifelong duty to keep the police notified of where they are living and of travel abroad (‘the notification requirements’). There is no right to a review of the necessity for the notification requirements at any time. The respondents are convicted sex offenders subject to the notification requirements. Both brought claims for judici ...
|
Employment of Counsel
Appeal Court: Appeal of refusal by Sheriff to grant devolution minute. The appellants were indicted on various charges under the Copyright, Design and Patents Act 1988 and the Trademarks Act 1994. Applications to the Scottish Legal Aid Board for sanction for employment of junior counsel was refused. The first appellant lodged a devolution minute to the effect that the indictment should be dismissed as he would not receive a fair trial in terms of Article 6(3)(b), (c) and (d) of the European Conv ...
|
Appeal Court: Opinion of the Court delivered in reference by the Sheriff at Forfar Sheriff Court. Minuter was charged on indictment with theft of a motor vehicle and wilful fire-raising. Minuter detained under s14 of the Criminal Procedure (Scotland) Act 1995. Minuter not offered legal assistance nor did he ask to be represented. He was granted right to intimate to a named solicitor the fact and place of his detention. Thereafter, the minuter was interviewed in the absence of representation and ...
|
OUTER HOUSE;Action for declarator of the occurence of a nuisance and infringement of Convention Rights arising from aircraft flying at less than 250 feet. Action for damages in the sum of £100,000. The pursuer represented herself in respect of this action for declarator and for damages. The pursuer averred that Operational Low Flying carried out by the RAF over her farm amounted to a nuisance and a breach of her private and family life and home, to her detriment and injury. Disputed: whether in ...
|
This case raises important issues about the meaning and application in practice of s.115(7) of the Police Act 1997 as to the information that is to be provided by the chief officer of a police force to the Secretary of State for inclusion in an enhanced criminal record certificate (“ECRC”). The appellant L was the mother of X who was born in 1989. Following upon a child protection conference in 2002, X’s name was placed on the child protection register under the category of ne ...
|
Ms Purdy suffers from primary progressive multiple sclerosis for which there is no known cure. It was diagnosed in 1995 and it is progressing. She expects that there will come a time when her continuing existence will become unbearable. When that happens she will wish to end her life while she is still physically able to do so. But by that stage she will be unable to do this without assistance. So she will want to travel to a country where assisted suicide is lawful, probably Switzerland. Her hu ...
|
No interference of right to manifest religion under Art. 9 ECHR. A school's refusal to allow a pupil to wear a jilbab at school did not interfere with her right under the European Convention on Human Rights 1950 Art.9 to manifest her religion and, even if it did, the school's decision was objectively justified under Art.9(2). In the circumstances, the pupil had not been denied access to education in breach of Protocol 1 Art.2 of the Convention.
|
Protocol 1 Art. 2 ECHR – Right not to be denied access to the general level of educational provision available. The European Convention on Human Rights 1950 Protocol 1 Art.2 did not confer a right to be educated at a particular school but rather conferred a right not to be denied access to the general level of educational provision available in the Member State. On the evidence a pupil had not been excluded from school education in breach of his Convention rights in circumstances where he had c ...
|
| 1 2 |