Abu Qatada loses latest bid for freedom
Radical preacher Abu Qatada loses his latest bid for freedom.
Radical preacher Abu Qatada has lost his latest bid for freedom.
Two judges at the High Court in London rejected his challenge against his continuing detention by Home Secretary Theresa May.
Tuesday, July 31, 2012
Saturday, July 28, 2012
Parole Board risk test for release breaches human rights
Parole Board risk test for release breaches human rights
Senior judges said it was wrong that criminals jailed for 15 years or more find it harder to be granted parole than more serious offenders serving life or indeterminate sentences.
Inmates given fixed-term sentences are only released early if the parole board believes they will not commit even minor offences.
But criminals such as murderers serving life or other indefinite jail terms can be freed if they merely no longer pose a risk to “life or limb”.
Senior judges said it was wrong that criminals jailed for 15 years or more find it harder to be granted parole than more serious offenders serving life or indeterminate sentences.
Inmates given fixed-term sentences are only released early if the parole board believes they will not commit even minor offences.
But criminals such as murderers serving life or other indefinite jail terms can be freed if they merely no longer pose a risk to “life or limb”.
Friday, July 27, 2012
Olympic bargains
Olympic bargains
When I took Rocky for his afternoon walk, I popped into Dove Hospice and bought a sideboard/dining table for £15. It's on castors and folds away when not used as a dining table which comfortably seats six people. A 10 CD box set of 200 60s and 70s greatest hits for £5. And a medium-sized suitcase on wheels with a handle to drag it along for £2.50! It's the type barristers are seen dragging into the High Court.
When I took Rocky for his afternoon walk, I popped into Dove Hospice and bought a sideboard/dining table for £15. It's on castors and folds away when not used as a dining table which comfortably seats six people. A 10 CD box set of 200 60s and 70s greatest hits for £5. And a medium-sized suitcase on wheels with a handle to drag it along for £2.50! It's the type barristers are seen dragging into the High Court.
Twitter joke trial conviction quashed in High Court
Twitter joke trial conviction quashed in High Court
The country’s most senior judge has overturned a man’s conviction for joking about blowing up an airport on Twitter.
In an important High Court ruling the Lord Chief Justice, Lord Judge, said that the message posted online by Paul Chambers could not be considered “menacing”.
He pointed out that no one who saw the tweet thought it was a genuine bomb threat, and it was not sent to airport staff.
The joke about “blowing the airport sky high” was made in frustration at flights being cancelled because of the snow, and was only spotted five days later by an off-duty security manager.
“We have concluded that, on an objective assessment, the decision of the Crown Court that this ‘tweet’ constituted or included a message of a menacing character was not open to it. On this basis, the appeal against conviction must be allowed,” said the Lord Chief Justice, sitting with Mr Justice Owen and Mr Justice Griffith Williams.
The country’s most senior judge has overturned a man’s conviction for joking about blowing up an airport on Twitter.
In an important High Court ruling the Lord Chief Justice, Lord Judge, said that the message posted online by Paul Chambers could not be considered “menacing”.
He pointed out that no one who saw the tweet thought it was a genuine bomb threat, and it was not sent to airport staff.
The joke about “blowing the airport sky high” was made in frustration at flights being cancelled because of the snow, and was only spotted five days later by an off-duty security manager.
“We have concluded that, on an objective assessment, the decision of the Crown Court that this ‘tweet’ constituted or included a message of a menacing character was not open to it. On this basis, the appeal against conviction must be allowed,” said the Lord Chief Justice, sitting with Mr Justice Owen and Mr Justice Griffith Williams.
Monday, July 23, 2012
Phew!
Phew!
My thermostat is reading 25 degrees Celsius. That's 77 Farenheit.
The weather forecast is for hotter tomorrow, then a lot cooler for Wednesday.
My thermostat is reading 25 degrees Celsius. That's 77 Farenheit.
The weather forecast is for hotter tomorrow, then a lot cooler for Wednesday.
Iowa governor Terry Branstad defies US supreme court on juvenile sentencing
Iowa governor Terry Branstad defies US supreme court on juvenile sentencing
Defence lawyers outraged after governor responds to ban on mandatory life sentences by commuting them to 60 years
Lawyers acting for prisoners given mandatory life without parole sentences for murders they committed aged 13 to 17 are vowing to challenge the governor of Iowa, Terry Branstad, over his open defiance of a recent US supreme court ruling that bans such penalties.
Defence lawyers outraged after governor responds to ban on mandatory life sentences by commuting them to 60 years
Lawyers acting for prisoners given mandatory life without parole sentences for murders they committed aged 13 to 17 are vowing to challenge the governor of Iowa, Terry Branstad, over his open defiance of a recent US supreme court ruling that bans such penalties.
Sunday, July 22, 2012
G4S bids for prison contracts despite Olympics failure
G4S bids for prison contracts despite Olympics failure
Unions lead protests against private sector security group following Games 'fiasco'
Embattled security group G4S is bidding for contracts worth more than £2bn to run five prisons. The revelation is likely to trigger a furore among the company's increasingly long list of critics and renew the often feverish debate about the extent to which the private sector should run public services.
Related content...
Reliance under scrutiny after deportees report injuries while being restrained by guards
Guy Ngassa, from Cameroon, claims he lost consciousness after being punched by guards during a struggle before takeoff
The private firm hired by the Home Office to deport foreign nationals is under fresh scrutiny after a spate of alleged attacks that have left at least four people requiring hospital treatment.
Unions lead protests against private sector security group following Games 'fiasco'
Embattled security group G4S is bidding for contracts worth more than £2bn to run five prisons. The revelation is likely to trigger a furore among the company's increasingly long list of critics and renew the often feverish debate about the extent to which the private sector should run public services.
Related content...
Reliance under scrutiny after deportees report injuries while being restrained by guards
Guy Ngassa, from Cameroon, claims he lost consciousness after being punched by guards during a struggle before takeoff
The private firm hired by the Home Office to deport foreign nationals is under fresh scrutiny after a spate of alleged attacks that have left at least four people requiring hospital treatment.
Inside the African jail hell of British pilot charged with murder
Inside the African jail hell of British pilot charged with murder
David Simpson, a bush pilot from Yorkshire, shows The Sunday Telegraph inside the African prison where he is being held for a murder he says he had nothing to do with.
David Simpson, a bush pilot from Yorkshire, shows The Sunday Telegraph inside the African prison where he is being held for a murder he says he had nothing to do with.
Friday, July 20, 2012
Thursday, July 19, 2012
Jeremy Bamber wins right to European appeal over whole-life sentence
Jeremy Bamber wins right to European appeal over whole-life sentence
Hearing will decide whether UK law allowing most dangerous offenders to be jailed for life breaches human rights
The convicted murderer Jeremy Bamber and two other life prisoners have won the right to a European appeal over whether they can be kept in jail for the rest of their lives.
The hearing, in Strasbourg, will test if UK law allowing the most dangerous offenders to be sentenced to whole-life tariffs breaches human rights and amounts to cruel, inhuman and degrading treatment.
The case, due to go before the grand chamber of the European court of human rights (ECHR) in November, comes after Europe's human rights judges ruled in January that it was not "grossly disproportionate" for Britain's most dangerous and notorious criminals to be imprisoned indefinitely.
Hearing will decide whether UK law allowing most dangerous offenders to be jailed for life breaches human rights
The convicted murderer Jeremy Bamber and two other life prisoners have won the right to a European appeal over whether they can be kept in jail for the rest of their lives.
The hearing, in Strasbourg, will test if UK law allowing the most dangerous offenders to be sentenced to whole-life tariffs breaches human rights and amounts to cruel, inhuman and degrading treatment.
The case, due to go before the grand chamber of the European court of human rights (ECHR) in November, comes after Europe's human rights judges ruled in January that it was not "grossly disproportionate" for Britain's most dangerous and notorious criminals to be imprisoned indefinitely.
Vote of no confidence?
Vote of no confidence?
Date: 19 July 2012
Authors: Craig Barlow, Jason Hadden
Issue: Vol 162, Issue 7523
Categories: Opinion, Human rights
Craig Barlow & Jason Hadden consider the Scoppola controversy
When national newspapers and Tory MPs are jumping up and down about a decision on voting in Europe you appreciate that something must be stirring.
In our previous article “Bars & the ballot box” 161 NLJ 7470, p 828, we considered the legality of the UK’s blanket ban on prisoners’ right to vote. We argued that it was relatively easy for the UK to bring domestic law into compliance with Art 3, Protocol 1 of the European Convention on Human Rights (ECHR) by creating a tiered system of disenfranchisement.
In Scoppola v Italy (No 3) (App No 126/05), 17 judges of the grand chamber of the European Court of Human Rights (ECtHR) revisited the law. The court was being asked to consider a convoluted Italian system, whereby suffrage is removed from prisoners not merely during incarceration but for longer. If sentenced to periods of incarceration of between three to five years the right to vote is either suspended for five years or lost for life. As such, the ECtHR carried out a comparative review of 47 member states and concluded that the Italian system was compliant. This led to dissent from within its own ranks (Björgvinsson) with a judicial opine: “Regrettably…[this] judgment…has now stripped the Hirst v UK (No 2) (App No 74025/01) judgment of all its bite as a landmark precedent for the protection of prisoners’ voting rights in Europe.”
Thus Scoppola ignited controversy from all sides. On 22 May, Dominic Raab MP castigated it on BBC News 24 as: “[A]nother haphazard judgment from the Strasbourg Court…One step forward, two steps back…almost like a drunk who can’t walk in a straight line.”
In this article we consider where Scopolla leaves the law and whether it may lead to a “constitutional clash” between the ECtHR and the UK’s Parliament.
Scoppola
Art 3 of Protocol 1 to the ECHR provides: “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.”
Some commentators have recently argued that “if you look back to Art 3 of Protocol 1, there is no mention of a right to vote, let alone prisoner voting”. On a literal reading that may be true. But that ignores Art 25(b) of the International Covenant on Civil and Political Rights (adopted by the General Assembly of the United Nations on 16 December 1966). If there is no threshold right to vote then the provision is nugatory. For over 25 years the ECtHR has consistently adopted a purposive interpretation and held this provision to guarantee the populace of a member state the right to vote. By the same token not everyone can vote. A state commonly imposes minimum threshold criteria such as age, mental capacity, residency, etc. The question is whether—the conditions the state imposes on a citizen’s qualification to vote—thwarts “the free expression of the people”.
Hirst had held that UK law was incompatible with Art 3 Protocol 1 of the ECHR because it created a general, automatic and indiscriminate restriction on prisoners’ voting rights that fell outside the acceptable margin of appreciation. The UK intervened in Scoppola specifically to argue that Hirst ought to be overturned. The UK advanced two key arguments. First, that a custodial sentence in the UK already passed a “seriousness” threshold that was sufficient to justify the prisoner’s disenfranchisement. Second, that the UK Parliament had expressly considered Hirst and had nevertheless voted against granting prisoners the right to vote. Hirst therefore contravened the principle of subsidiarity.
Scoppola rejected the UK’s first argument and reiterated at para 96 that: “Disenfranchisement…generally, automatically and indiscriminately, based solely on the fact that they are serving a prison sentence, irrespective of the length of the sentence and irrespective of the nature or gravity of their offence and their individual circumstances, it is not compatible with Art 3 of Protocol No. 1.”
That pronouncement is fatal to the compatibility of the UK’s current law. It is true—as Laws LJ opined in Cheshire—the ultimate enforcer of a member state’s failure to comply with ECtHR decisions is the Council of Europe. However, the ECtHR has a coercive weapon in its own armoury: if a prisoner complains, it can award damages against a non-compliant state.
There are now approximately 70,000 prisoners in the UK. While the ECtHR’s procedures might make it take years for the economic pain to be felt: it takes little imagination to estimate the compensation that a robust ECtHR could visit upon a wilful and defiant government.
It is in relation to this crucial issue that the court’s decision on the UK government’s second argument about the “margin of appreciation” becomes germane. In our view, properly analysed, Scopolla actually represents a victory for the subsidiarity argument. At para 102 the court said: “[E]ach state is free to adopt legislation…in accordance with…their own democratic vision…the contracting states may decide either to leave it to the courts to determine the proportionality of a measure restricting convicted prisoners’ voting rights, or to incorporate provisions into their laws defining the circumstances in which such a measure should be applied…[I]t will be for the legislature itself to balance the competing interests in order to avoid any general, automatic and indiscriminate restriction.”
Critics of Strasbourg can legitimately argue that Scoppola represents a volte face from the ECtHR’s previous judicial dictates. It is certainly true that the court has rejected the proposition derived from Frodl v Austria (App No 20201/04) that conformity required a prisoner’s disenfranchisement to be judicially determined. The ECtHR has backtracked from such a straightjacket instead favouring a flexible approach.
The constitutional balance
Greens & MT v UK (App Nos 60041/08 and 60054/08) gave the government a deadline of 11 October 2011 to bring forward legislation for compliance. On 30 August 2011, the ECtHR extended that deadline to six months after the delivery of judgment in Scoppola.
Paraphrasing Professor Tribe, a modern society defines itself by the extent of the suffrage it grants to the individuals within its collective. The corollary is the oft-said adage that a nation is judged by how it treats its lowest members. The point is how the UK balances the general right for its competent adult citizens to vote and its repugnance of criminals who alienate community values. Such a balancing is consonant with the reasoning of the Australian High Court in Roach v Electoral Commissioner [2007] HCA 43, per Gleeson CJ at para 24: “The step that was taken by Parliament in…abandoning any attempt to identify prisoners who have committed serious crimes by reference to either the term of imprisonment imposed or the maximum penalty for the offence broke the rational connection necessary to reconcile the disenfranchisement with the constitutional imperative of choice by the people.”
The Italian system is harsher than the present UK system because a prisoner sentenced to say six years permanently loses the right to vote. Nevertheless, Scoppola upheld this on the basis that it is legitimate for a civilised society to adopt the stance that some crimes represent a repudiation of a community’s standards such that it is proportionate to either temporarily or permanently suspend the perpetrator’s suffrage.
If that point was generally understood, the judges’ reasoning wouldn’t be seen as drunken or a game of hopscotch and compliant legislation would be forthcoming.
Craig Barlow is a barrister at Ely Place Chambers, London.
E-mail: cbarlow@elyplace.com.
Jason Hadden is a barrister at St Ives Chambers, Birmingham. E-mail: jason.hadden@stiveschambers.co.uk
Vote of no confidence?
Offender behaviour not tackled before release - report
Offender behaviour not tackled before release - report
Serious criminals are leaving prison not having been on programmes designed to stop reoffending, says a report.
Related content...
'Warehouse' prisons falling short of Kenneth Clarke's rehabilitation pledge
Serious criminals are leaving prison not having been on programmes designed to stop reoffending, says a report.
Related content...
'Warehouse' prisons falling short of Kenneth Clarke's rehabilitation pledge
Monday, July 16, 2012
Britain’s a long way from having a Bill of Rights
Britain’s a long way from having a Bill of Rights
The Tories' hopes of untying the knot with Strasbourg are slender at best
The Human Rights Commission was set up by David Cameron to assess whether the European Convention on Human Rights should be replaced by a “British Bill of Rights”. The Tories hoped that the commission would find a way to diminish the extent that the UK is bound by the decisions coming from judges of the European Court of Human Rights in Strasbourg – thus avoiding situations such as the one we have with prisoners and the vote.
Comment:
The problem with starting an article by a false assumption and then attempting to support this position with the rest of the article is that the whole thing collapses when the assumption is knocked down.
"The Human Rights Commission was set up by David Cameron to assess whether the European Convention on Human Rights should be replaced by a “British Bill of Rights”".
The Commission was set up by the Coalition of which David Cameron is but a part. It is not the remit of the Commission to assess whether the ECHR should be replaced. The UK is but 1/47th of the Council of Europe and any change to the ECHR requires the agreement of all 47 Member States of the Council of Europe. In other words, the UK does not have the power which Alasdair Plamer assumes it possesses. All the UK can do is withdraw from the ECHR.
I am puzzled why the Telegraph has paid the author to write about what he knows nothing about. A little research would have told the author that the Commission is to assess whether the HRA 1998 should be replaced with a British Bill of Rights. The Tory party manifesto pledged to scrap the HRA and replace it with a British Bill of Rights. In 1997 the Labour party pledged to introduce a British Bill of Rights. This pledge was honoured and the bill became the HRA.
The Tories do not want a British Bill of Rights at all, rather they want a Bill of Rights and Responsibilities. The idea being that rights can be removed if it is deemed that responsibilities are not being met. As the First Minister David Cameron is responsible for abiding by the ECHR and complying with European Court of Human Rights decisions. This includes Hirst v UK (No2), the Prisoners Votes Case. It is hypocritical for David Cameron to state that people should act responsibly or forfeit their human rights, when he is acting irresponsibly in denying convicted prisoners their human rights to vote. According to Dominic Grieve, the Attorney General, David Cameron has breached the Ministerial Code by not honouring the UK's international law obligations. According to the Code David Cameron should resign.
How can David Cameron be called the Right Honourable when he is in truth dishonourable? Alasdair Plamer and the Daily Telegraph are dishonest.
The Tories' hopes of untying the knot with Strasbourg are slender at best
The Human Rights Commission was set up by David Cameron to assess whether the European Convention on Human Rights should be replaced by a “British Bill of Rights”. The Tories hoped that the commission would find a way to diminish the extent that the UK is bound by the decisions coming from judges of the European Court of Human Rights in Strasbourg – thus avoiding situations such as the one we have with prisoners and the vote.
Comment:
The problem with starting an article by a false assumption and then attempting to support this position with the rest of the article is that the whole thing collapses when the assumption is knocked down.
"The Human Rights Commission was set up by David Cameron to assess whether the European Convention on Human Rights should be replaced by a “British Bill of Rights”".
The Commission was set up by the Coalition of which David Cameron is but a part. It is not the remit of the Commission to assess whether the ECHR should be replaced. The UK is but 1/47th of the Council of Europe and any change to the ECHR requires the agreement of all 47 Member States of the Council of Europe. In other words, the UK does not have the power which Alasdair Plamer assumes it possesses. All the UK can do is withdraw from the ECHR.
I am puzzled why the Telegraph has paid the author to write about what he knows nothing about. A little research would have told the author that the Commission is to assess whether the HRA 1998 should be replaced with a British Bill of Rights. The Tory party manifesto pledged to scrap the HRA and replace it with a British Bill of Rights. In 1997 the Labour party pledged to introduce a British Bill of Rights. This pledge was honoured and the bill became the HRA.
The Tories do not want a British Bill of Rights at all, rather they want a Bill of Rights and Responsibilities. The idea being that rights can be removed if it is deemed that responsibilities are not being met. As the First Minister David Cameron is responsible for abiding by the ECHR and complying with European Court of Human Rights decisions. This includes Hirst v UK (No2), the Prisoners Votes Case. It is hypocritical for David Cameron to state that people should act responsibly or forfeit their human rights, when he is acting irresponsibly in denying convicted prisoners their human rights to vote. According to Dominic Grieve, the Attorney General, David Cameron has breached the Ministerial Code by not honouring the UK's international law obligations. According to the Code David Cameron should resign.
How can David Cameron be called the Right Honourable when he is in truth dishonourable? Alasdair Plamer and the Daily Telegraph are dishonest.
Longer prison sentences are not the way to cut crime
Longer prison sentences are not the way to cut crime
Contrary to the claims of Civitas, prison is not the right place to rehabilitate the vast majority of offenders
A new report published by the thinktank Civitas claims that increasing the length of prison sentences for burglary and fraud reduces offending. But this simple analysis hides a much more complicated problem. According to the Civitas research, increasing the average sentence for burglary by one month would reduce offending by about 0.5%. In our experience at Nacro, all that prison does in these cases is to delay the next offence from taking place. A slightly longer sentence just means a slightly longer delay in reoffending.
Contrary to the claims of Civitas, prison is not the right place to rehabilitate the vast majority of offenders
A new report published by the thinktank Civitas claims that increasing the length of prison sentences for burglary and fraud reduces offending. But this simple analysis hides a much more complicated problem. According to the Civitas research, increasing the average sentence for burglary by one month would reduce offending by about 0.5%. In our experience at Nacro, all that prison does in these cases is to delay the next offence from taking place. A slightly longer sentence just means a slightly longer delay in reoffending.
UK accused of dithering over prisoners' voting rights
UK accused of dithering over prisoners' voting rights
Europe human rights commissioner says coalition painted itself into corner as supreme court confirms fresh challenge over ban
The government has to announce by November how it intends to implement a requirement by the European court of human rights that, at least, certain categories of prisoners should be allowed to vote. Photograph: Peter Macdiarmid/Getty Images
The government has "painted itself into a corner" over its refusal to grant prisoners' voting rights, according to Europe's most senior human rights official.
The criticism came as a fresh legal challenge was being mounted at the supreme court opposing the blanket ban on inmates participating in elections. The government has to announce by November how it intends to implement a requirement by the European court of human rights (ECHR) that, at least, certain categories of prisoners should be allowed to vote.
The new legal challenge comes from George McGeoch, 40, who is serving a life sentence for murder. In 2010, he tried, unsuccessfully, to add his name to the electoral register.
McGeoch's lawyers maintain his rights as an EU citizen to take part in elections are being denied, a different legal approach from previous challenges that led to ECHR judgments concluding that a blanket ban breached inmates' human rights.
Officials in Strasbourg are frustrated by the UK letting the issue fester. Nils Muižnieks, the new human rights commissioner at the Council of Europe, told the Guardian: "A blanket and indiscriminate ban is not in line with the European convention on human rights. The UK government seems to have painted itself into a corner through the last few years.
"The ruling does not require states to give all prisoners voting rights but [depriving prisoners of the vote] has to be linked to the nature of their crime."
Britain has repeatedly argued for what is called a '"margin of appreciation", allowing states some leeway in interpreting ECHR judgments. "Now they have it and the deadline to make the changes ends in November," Muiznieks said. "If they don't it will weaken the whole system and set a very bad example for other states.
"In general the UK has been a good citizen within the human rights system. It would be a huge shame and weaken the UK's influence if they delayed [the decision].
Aidan O'Neill QC, who appeared for McGeoch at earlier hearings, told a Commons select committee investigation into prisoners' voting rights, recently: "This is not about giving the prisoners the right to vote. It is setting out circumstances in which that right may lawfully be taken away. It is not giving enough respect for the importance of the right to vote simply to say: 'You are in prison for four years and automatically you lose the right to vote for four years'. There has to be an element of individual decision-making."
The attorney general, Dominic Grieve, has argued that a complete ban on prisoners voting is accepted by other Council of Europe states and is an issue to be determined by national parliaments.
The Cabinet Office, which is co-ordinating the government's response to the ECHR ruling, said that it was considering the implications of the Strasbourg decision.
Europe human rights commissioner says coalition painted itself into corner as supreme court confirms fresh challenge over ban
The government has to announce by November how it intends to implement a requirement by the European court of human rights that, at least, certain categories of prisoners should be allowed to vote. Photograph: Peter Macdiarmid/Getty Images
The government has "painted itself into a corner" over its refusal to grant prisoners' voting rights, according to Europe's most senior human rights official.
The criticism came as a fresh legal challenge was being mounted at the supreme court opposing the blanket ban on inmates participating in elections. The government has to announce by November how it intends to implement a requirement by the European court of human rights (ECHR) that, at least, certain categories of prisoners should be allowed to vote.
The new legal challenge comes from George McGeoch, 40, who is serving a life sentence for murder. In 2010, he tried, unsuccessfully, to add his name to the electoral register.
McGeoch's lawyers maintain his rights as an EU citizen to take part in elections are being denied, a different legal approach from previous challenges that led to ECHR judgments concluding that a blanket ban breached inmates' human rights.
Officials in Strasbourg are frustrated by the UK letting the issue fester. Nils Muižnieks, the new human rights commissioner at the Council of Europe, told the Guardian: "A blanket and indiscriminate ban is not in line with the European convention on human rights. The UK government seems to have painted itself into a corner through the last few years.
"The ruling does not require states to give all prisoners voting rights but [depriving prisoners of the vote] has to be linked to the nature of their crime."
Britain has repeatedly argued for what is called a '"margin of appreciation", allowing states some leeway in interpreting ECHR judgments. "Now they have it and the deadline to make the changes ends in November," Muiznieks said. "If they don't it will weaken the whole system and set a very bad example for other states.
"In general the UK has been a good citizen within the human rights system. It would be a huge shame and weaken the UK's influence if they delayed [the decision].
Aidan O'Neill QC, who appeared for McGeoch at earlier hearings, told a Commons select committee investigation into prisoners' voting rights, recently: "This is not about giving the prisoners the right to vote. It is setting out circumstances in which that right may lawfully be taken away. It is not giving enough respect for the importance of the right to vote simply to say: 'You are in prison for four years and automatically you lose the right to vote for four years'. There has to be an element of individual decision-making."
The attorney general, Dominic Grieve, has argued that a complete ban on prisoners voting is accepted by other Council of Europe states and is an issue to be determined by national parliaments.
The Cabinet Office, which is co-ordinating the government's response to the ECHR ruling, said that it was considering the implications of the Strasbourg decision.
Friday, July 13, 2012
Tooth hurty
Tooth hurty
Yesterday I had hoped would be my last dentist appointment. It was planned to extract the two broken remains of my fang teeth at the top, and collect my new false nashers.
However, I could still feel soreness at the root of the left fang even after the anesthetic jabs. Therefore, only the right fang was extracted.
I was given a prescription for antibiotics to clear up the abscess, and another appointment for next Thursday morning.
Yesterday I had hoped would be my last dentist appointment. It was planned to extract the two broken remains of my fang teeth at the top, and collect my new false nashers.
However, I could still feel soreness at the root of the left fang even after the anesthetic jabs. Therefore, only the right fang was extracted.
I was given a prescription for antibiotics to clear up the abscess, and another appointment for next Thursday morning.
Ethiopian blogger Eskinder Nega jailed for 18 years
Ethiopian blogger Eskinder Nega jailed for 18 years
Eskinder Nega was arrested after publishing a column questioning the arrests of some journalists
A prominent Ethiopian journalist and blogger has been sentenced to 18 years in jail for violating Ethiopia's anti-terrorism legislation.
Eskinder Nega and 23 others were found guilty last month. They were accused of links with US-based opposition group Ginbot Seven, which Ethiopia considers a terrorist organisation.
Opposition member Andualem Arage was given a life sentence by the court, AFP news agency reports.
In May, Eskinder was awarded the prestigious Pen America's Freedom to Write annual prize for his work.
"The court has given due considerations to the charges and the sentences are appropriate," Reuters news agency quotes Judge Endeshaw Adane as saying.
Five journalists amongst the group found guilty in June were sentenced in absentia, the agency reports.
Human rights groups have criticised Ethiopia's anti-terrorism legislation for being too far-reaching.
Eskinder Nega was arrested after publishing a column questioning the arrests of some journalists
A prominent Ethiopian journalist and blogger has been sentenced to 18 years in jail for violating Ethiopia's anti-terrorism legislation.
Eskinder Nega and 23 others were found guilty last month. They were accused of links with US-based opposition group Ginbot Seven, which Ethiopia considers a terrorist organisation.
Opposition member Andualem Arage was given a life sentence by the court, AFP news agency reports.
In May, Eskinder was awarded the prestigious Pen America's Freedom to Write annual prize for his work.
"The court has given due considerations to the charges and the sentences are appropriate," Reuters news agency quotes Judge Endeshaw Adane as saying.
Five journalists amongst the group found guilty in June were sentenced in absentia, the agency reports.
Human rights groups have criticised Ethiopia's anti-terrorism legislation for being too far-reaching.
Thursday, July 12, 2012
Commission on a Bill of Rights: Second Consultation
Commission on a Bill of Rights: Second Consultation
Commission on a Bill of Rights: Second Consultation
Personal care for murderers behind bars in old age
Personal care for murderers behind bars in old age
Murderers serving life sentences will be given new rights to personal care as they grow old in prison, under plans announced yesterday.
The Government's long-awaited social care White Paper promised to ensure that elderly prisoners would receive adequate support with daily tasks such as washing and dressing.
Andrew Lansley, the Health Secretary, and Paul Burstow, his Liberal Democrat deputy, have agreed to wide-ranging reforms of social care laws, which include plans for the first framework for providing care to prisoners.
Murderers serving life sentences will be given new rights to personal care as they grow old in prison, under plans announced yesterday.
The Government's long-awaited social care White Paper promised to ensure that elderly prisoners would receive adequate support with daily tasks such as washing and dressing.
Andrew Lansley, the Health Secretary, and Paul Burstow, his Liberal Democrat deputy, have agreed to wide-ranging reforms of social care laws, which include plans for the first framework for providing care to prisoners.
Wednesday, July 11, 2012
Parole Board publishes annual report and accounts for 2011/12
Parole Board publishes annual report and accounts for 2011/12
The Parole Board annual report and accounts 2011/12 have been formally laid before Parliament today.
Download a copy of the report.
The Parole Board annual report and accounts 2011/12 have been formally laid before Parliament today.
Download a copy of the report.
Tuesday, July 10, 2012
What are Prisons for? What is their contribution to public safety and security?
What are Prisons for? What is their contribution to public safety and security?
What are Prisons for? What is their contribution to public safety and security?
Monday, July 09, 2012
On the home front
On the home front
The landlord's cowboy builders have all but finished the dining room. Double glazed window replacing the old sash window. New laminated floor. Three new pine doors; one between the hallway and dining room; one between the dining room and under the stairs cupboard; and the last between dining room and kitchen. I am not sure whether to leave the pine doors unpainted, stain and varnish them or white gloss them. The radiator wasn't done properly, that is, stripped down to the bear metal before repainting. The ceiling needs a touch up here and there, as do the walls in places. When I have finished the job they started, I need to remove the bits of paint on the new floor before cleaning it properly and moving in there to allow them to do the front room. After this it will be the new kitchen, and possibly the old bathroom and toilet being knocked down and a utility room built instead. I am hoping to extend the kitchen. The idea is to get the whole house double glazed in time for Winter. The hallway, stairs and landing have no heating and the walls need replastering. There is also the master bedroom and study/bedroom to do.
The landlord's cowboy builders have all but finished the dining room. Double glazed window replacing the old sash window. New laminated floor. Three new pine doors; one between the hallway and dining room; one between the dining room and under the stairs cupboard; and the last between dining room and kitchen. I am not sure whether to leave the pine doors unpainted, stain and varnish them or white gloss them. The radiator wasn't done properly, that is, stripped down to the bear metal before repainting. The ceiling needs a touch up here and there, as do the walls in places. When I have finished the job they started, I need to remove the bits of paint on the new floor before cleaning it properly and moving in there to allow them to do the front room. After this it will be the new kitchen, and possibly the old bathroom and toilet being knocked down and a utility room built instead. I am hoping to extend the kitchen. The idea is to get the whole house double glazed in time for Winter. The hallway, stairs and landing have no heating and the walls need replastering. There is also the master bedroom and study/bedroom to do.
Saturday, July 07, 2012
Why our society is very uncivilised
Why our society is very uncivilised
UK PAYE Salary Wage Income Tax Calculator 2012
Wage summary yearly monthly weekly
Gross Pay £0.00 £0.00 £0.00
Tax free Allowances £7,475.00 £622.92 £143.75
Total taxable £0.00 £0.00 £0.00
Tax due £0.00 £0.00 £0.00
National Insurance £0.00 £0.00 £0.00
Total Deductions £0.00 £0.00 £0.00
Net Wage £0.00 £0.00 £0.00
Employers NI £0.00 £0.00 £0.00
Given that Joe Public can earn £143.75 per week without becoming liable for tax, how is it just and fair that prisoners who earn over £20 per week are subjected to a 40% tax regime?
Recently an incompetent QC attempted to challenge this system before a corrupt judge.
The judge deferred to Parliament.
I would contend that a competent barrister before a judge who is not corrupt should have obtained a judgment which succeeded rather than failed.
As we know, in spite of Hirst v UK (No2) convicted prisoners are still denied their human right to vote. In this case, there is a reference criticising showing deference to Parliament.
Then there is the principle of no taxation without representation.
Convicted prisoners not only suffer the breach of the human right to vote, but also suffer the burden of an excessively high tax regime. Parliament is guilty of victimising a minority and vulnerable group in society.
The case of the civil servant earning £140,000 but paying only 21 per cent tax has highlighted a growing trend of high-level tax avoidance in the UK.
Recently George Osborne wanted to lower the high rate of 50% tax to 40% tax but bottled out and announced a 5% reduction to 45% tax rate.
The highest wage earners in the country only pay a 5% higher tax rate than the lowest wage earners who happen to be convicted prisoners.
Winston Churchill has said that we can judge how civilised society is by how it treats prisoners. On this measure our society is very uncivilised.
UK PAYE Salary Wage Income Tax Calculator 2012
Wage summary yearly monthly weekly
Gross Pay £0.00 £0.00 £0.00
Tax free Allowances £7,475.00 £622.92 £143.75
Total taxable £0.00 £0.00 £0.00
Tax due £0.00 £0.00 £0.00
National Insurance £0.00 £0.00 £0.00
Total Deductions £0.00 £0.00 £0.00
Net Wage £0.00 £0.00 £0.00
Employers NI £0.00 £0.00 £0.00
Given that Joe Public can earn £143.75 per week without becoming liable for tax, how is it just and fair that prisoners who earn over £20 per week are subjected to a 40% tax regime?
Recently an incompetent QC attempted to challenge this system before a corrupt judge.
The judge deferred to Parliament.
I would contend that a competent barrister before a judge who is not corrupt should have obtained a judgment which succeeded rather than failed.
As we know, in spite of Hirst v UK (No2) convicted prisoners are still denied their human right to vote. In this case, there is a reference criticising showing deference to Parliament.
Then there is the principle of no taxation without representation.
Convicted prisoners not only suffer the breach of the human right to vote, but also suffer the burden of an excessively high tax regime. Parliament is guilty of victimising a minority and vulnerable group in society.
The case of the civil servant earning £140,000 but paying only 21 per cent tax has highlighted a growing trend of high-level tax avoidance in the UK.
Recently George Osborne wanted to lower the high rate of 50% tax to 40% tax but bottled out and announced a 5% reduction to 45% tax rate.
The highest wage earners in the country only pay a 5% higher tax rate than the lowest wage earners who happen to be convicted prisoners.
Winston Churchill has said that we can judge how civilised society is by how it treats prisoners. On this measure our society is very uncivilised.
Friday, July 06, 2012
Rapper supports release of Learco Chindamo: Lawrence widow in censorship attempt
Rapper supports release of Learco Chindamo: Lawrence widow in censorship attempt
Headmaster's widow offers to meet rapper who called for killer to be freed
The widow of murdered headmaster Philip Lawrence has offered to meet with rap artist Dappy to explain why his call to free killer Leorco Chindamo "sends out entirely the wrong message".
Comment:
Sounds like she is turning into Widow Hanky. Time she moved on.
The widow of murdered headmaster Philip Lawrence has offered to meet with rap artist Dappy to explain why his call to free killer Leorco Chindamo "sends out entirely the wrong message".
Comment:
Sounds like she is turning into Widow Hanky. Time she moved on.
Thursday, July 05, 2012
Shhhhh! Do you want to know a secret?
Shhhhh! Do you want to know a secret?
Judge bans reporting of divorce finances to save 'embarrassment'
A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.
Shhhhh! Do you want to know a secret?
The father is Sir James Goldsmith and the husband is Ben Goldsmith, and the wife is Kate Goldsmith formerly known as Kate Rothschild.
Update: On second thoughts as the father is alive and Sir James Goldsmith isn't...
Judge bans reporting of divorce finances to save 'embarrassment'
A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.
Shhhhh! Do you want to know a secret?
The father is Sir James Goldsmith and the husband is Ben Goldsmith, and the wife is Kate Goldsmith formerly known as Kate Rothschild.
Update: On second thoughts as the father is alive and Sir James Goldsmith isn't...
Wednesday, July 04, 2012
Prisoner sex debate
Prisoner sex debate
Should prisoners have the right to have sex with their partners whilst serving time in jail? The Howard League for Penal Reform says it will spend two years looking at all elements of the issue, from consensual to coercive sex in jails.
But is it a good idea to introduce conjugal visits into our prison system? We'll be talking to John Hirst, a former prisoner who supports prisoners' rights to have sex; Toni Callan, whose partner is currently serving time in prison and who says she would also support it; and former Police Detective and Criminologist Mark Williams Thomas who disagrees, saying prison should mean punishment and conjugal visits could lead to pregnancies and more single parent families.
Video link.
It turns out that Mark William-Thomas was a bent copper...
Should prisoners have the right to have sex with their partners whilst serving time in jail? The Howard League for Penal Reform says it will spend two years looking at all elements of the issue, from consensual to coercive sex in jails.
But is it a good idea to introduce conjugal visits into our prison system? We'll be talking to John Hirst, a former prisoner who supports prisoners' rights to have sex; Toni Callan, whose partner is currently serving time in prison and who says she would also support it; and former Police Detective and Criminologist Mark Williams Thomas who disagrees, saying prison should mean punishment and conjugal visits could lead to pregnancies and more single parent families.
Video link.
It turns out that Mark William-Thomas was a bent copper...
The shady past of McCann supporter Mark William-Thomas
Tuesday, July 03, 2012
Going down Sarf
Going down Sarf
Will be on ITV This Morning tomorrow talking about prisoners and families, and conjugal visits.
I hope I get a chance to meet Michael Palin who is also on the show.
Will be on ITV This Morning tomorrow talking about prisoners and families, and conjugal visits.
I hope I get a chance to meet Michael Palin who is also on the show.
Tories to criminalise the unemployed
Tories to criminalise the unemployed
There are 47 unemployed people chasing each job vacancy in Hull. If one of them is successful then the other 46 are not.
It is not yet a criminal offence to be unemployed, therefore it is not helpful to stigmatise the unemployed by calling them lazy.
Under the criminal law there is a 3 strikes and you're out policy. It is not helpful to transfer such a policy to jobseekers.
The very fact that the government is stating that it will sanction the unemployed by stopping their benefits for 3 years, is an admission that some will be long-term unemployed for 3 years or more. These should be pitied and not fined.
Taking away the means of survival will only lead to those being forced to steal or starve to death.
Ian Duncan Smith states: "We need a sanctions regime that is clear and robust". This from a government which has ignored the ECtHR on prisoners votes because there is a lack of sanctions!
Lazy jobseekers to lose benefits for up to three years
Unemployed people who do not try hard enough to find a job could lose their benefits for three years.
There are 47 unemployed people chasing each job vacancy in Hull. If one of them is successful then the other 46 are not.
It is not yet a criminal offence to be unemployed, therefore it is not helpful to stigmatise the unemployed by calling them lazy.
Under the criminal law there is a 3 strikes and you're out policy. It is not helpful to transfer such a policy to jobseekers.
The very fact that the government is stating that it will sanction the unemployed by stopping their benefits for 3 years, is an admission that some will be long-term unemployed for 3 years or more. These should be pitied and not fined.
Taking away the means of survival will only lead to those being forced to steal or starve to death.
Ian Duncan Smith states: "We need a sanctions regime that is clear and robust". This from a government which has ignored the ECtHR on prisoners votes because there is a lack of sanctions!
Lazy jobseekers to lose benefits for up to three years
Unemployed people who do not try hard enough to find a job could lose their benefits for three years.
Monday, July 02, 2012
It's all over now...
It's all over now...
As I took Rocky for a walk in Pearson Park last night I noticed that the Pearson Park Hotel was all boarded up. This came as a surprise to me. On my way back from Pearson Park this morning I met Tony, one of my landlord's employees, and mentioned it to him. He replied that he knew having read about it in the Hull Daily Mail.