From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 (legislation.gov.uk) is fully in force - (see Commencement Regulations - SI: 2022/283).
Explanatory Notes accompany the 2020 Act (but are not part of the Act). See also the Ministry of Justice announcement.
The 2020 Act removes the need for couples to either
The Parole Board has a crucial and difficult role in the administration of criminal justice. It carries out risk assessments on those prisoners eligible for parole to determine whether they can be safely released into the community.
The Board's website states that "Parole Board decisions are solely focused on whether a prisoner would represent a significant risk to the public after release. The risk assessment is based on detailed evidence found in the dossier (a collection of documents relating to the prisoner) and evidence provided at the oral hearing."
About us - Parole Board - GOV.UK (www.gov.uk)
Reform - some recent background:
In February 2019, the government announced a "tailored review of the Parole Board." At the same time, reviews were to be undertaken of
The 2022 Act repeals the Fixed-term Parliaments Act 2011 (legislation.gov.uk).- (in force 15 September 2011 to 24 March 2022).
The result is that the Prime Minister is able to go to HM The Queen and request a dissolution of parliament which, by convention, will not be refused - (at least not normally refused - see below).
The government has presented the 2022 Act as returning to "tried and tested arrangements."
The 2022 Act -
The 2022 Act comprises just 6 sections and one Schedule - as follows:
The article notes that - "Government plans to replace the legislation with a British Bill of Rights would “fatally undermine” protection of rights under the European Convention on Human Rights in domestic law. It would undo the important progress since the HRA became law and leave people with no option but to bring claims to the European Court of Human Rights to vindicate their rights, academics have said."
With the Russian Federation now excluded from the Council of Europe, it is clear to all but the most bone-headed politicians that the government's plans send all the wrong signals at a time when the UK ought to be defending human rights and the European Convention.
For further information about the government's plans see -
Law and Lawyers: Human Rights reform ~ consultation (obiterj.blogspot.com)
Politics.co.uk - Raab's Bill of Rights would be a poor relation of the Human Rights Act
Law Society Gazette - What will Raab's Bill of Rights look like?
23 March 2022
The former Prime Minister Gordon Brown and many others are calling for a Special Tribunal to be created with a view to trying the Russian President (Vladimir Putin) and his accomplices for the Crime of Aggression in Ukraine -
and please read the Statement and Declaration.
Aggression - its definition and ICC jurisdiction:
The International Criminal Court (ICC) is founded by the Rome Statute of 17 July 1998 - Rome_Statute_English.pdf (icc-cpi.int).
The Statute defines the crime of aggression in Article 8 bis which was added to the Statute following the Kampala Review Conference held in 2010
Reaching agreement
See the statement by Elizabeth Truss MP (Secretary of State for Foreign and Commonwealth Affairs).
Their release was reported by The Times 16 March 2022 - The Times view on Nazanin Zaghari-Ratcliffe’s release: Freed from Iran | Comment | The Times - where it argued that the release of "British hostages in Iran is joyful news but owes little to British or American diplomacy ..."
There is a complicated linkage between the holding by Iran of hostages and a debt owed by the UK to Iran. The debt dates back to payment in the 1970s by Iran for Chieftain tanks which were never actually delivered.
How is a UK debt to Iran connected to Nazanin Zaghari-Ratcliffe? - BBC News
Arbitration and litigation:
The UK and Iran went to
Also on 15 March, the Russian Federation informed the Council of Europe of its withdrawal from the Council and of its intention to denounce the European Convention on Human Rights.
The Russian Federation is excluded from the Council of Europe - Newsroom (coe.int)
Statute of the Council of Europe 1949
On 15 August 2019, three irresponsible young men - Henry Long, Albert Bowers, Jessie Cole - stole a quad bike. It was a planned theft and something they did frequently. The quad bike was towed away from its owner's property. When confronted by the Police they implemented their escape plan. This required them to disconnect the tow loop from the quad bike and to drive away at speed as soon as all of them were in the car. As they drove away, PC Harper was caught up by the loop which was still attached to the car. He was dragged at high speed over a considerable distance and killed as a result.
Long, Bowers and Cole were charged with murder and stood trial at the Old Bailey before Mr Justice Edis and a jury. The prosecution
On 30 September 2021, Couzens was sentenced at the Old Bailey to a "whole life term" - Sentencing Remarks.
Reclaim These Streets is "an informal collective" which, prompted by Sarah's disappearance, planned to hold a vigil on Clapham Common on 13 March 2021. The aim was to highlight risks to women's safety and to campaign for changes in attitudes and responses to violence against women.
Following communication with the Metropolitan Police, the planned vigil was abandoned. A number of members
According to Government Data, at 10 March 2022 there have been 162,624 deaths within 28 days of a positive test for coronavirus.
In the period 4 to 10 March, 371,662 new cases have been reported.
The data shows a declining number of positive tests in January and February but, in March, there is a noticeable increase. There is also a noticeable increase in hospital admissions.
COVID-19: Pandemic 'not over', expert warns amid increasing hospital admissions among older people | UK News | Sky News and COVID-19: Cases up nearly 50% week-on-week - as expert accuses ministers of 'wanting to get rid of data and move on' | UK News | Sky News
Further statistical data is available from the Office for National Statistics - Home - Office for National Statistics (ons.gov.uk)
UK Health Security Agency 10 March 2022 - COVID-19 prevalence continues to decline across England but infection rates remain high - GOV.UK (www.gov.uk)
Inquiry:
In May 2021, the Prime Minister announced
The Bill contains 55 clauses divided into 4 Parts - Part 1 (Registration of Overseas Entities), Part 2 (Unexplained Wealth Orders), Part 3 (Sanctions), Part 4 (General). There are also 5 detailed Schedules.
As the Institute for Government points out in an excellent overview, the Bill has been a long time coming and does not go far enough - Economic Crime (Transparency and Enforcement) Bill | The Institute for Government
Prior to late February 2022, the government seemed to be in no great hurry to bring the legislation forward. The appearance was
BUT
Don't forget - the Human Rights Act consultation.
The consultation has been extended (beyond 8 March) until 19 April but only to enable responses from those "who would be assisted by an Easy Read or audio version." "This includes organisations who solely or greatly represent the interests of those who would be assisted by an audio or Easy Read version in order to respond." See the government's statement (where a link to the "Easy Read" version is now provided) -
Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk)
Joshua Rozenberg wrote about the extension - see HERE
The government's regressive proposals for a "Modern Bill of Rights" will make it much harder for individuals to enforce their rights under the European Convention on Human Rights and will enhance executive power.
My look at the Independent Panel's report commences HERE (5 posts) and the Government's Consultation is considered from HERE (3 posts).
Previous post - Law and Lawyers: The future of human rights in the UK (obiterj.blogspot.com)
Other links:
Economic Crime (Transparency and Enforcement) Bill 2022: overarching documents - GOV.UK (www.gov.uk)
This Bill is a long standing government commitment. It is also long overdue in the light of the Russia Report.
Background
As shown by a Foreign Affairs Committee report published in May 2018 (pdf), serious concern has existed for a considerable time about possible Russian influence in the UK including potentially undue influence over UK government activity.
Further concern is how certain wealthy individuals have used the legal system to deter criticism of their activities -
Cohen goes so far as to say - "As Russian tanks
United Nations:
The Five Permanent Members of the UN Security Council - WorldAtlas
General Assembly resolution demands end to Russian offensive in Ukraine | | UN News
UN resolution against Ukraine invasion: Full text (dubai.ooo)
United Nations Security Council veto power - Wikipedia
Presidency of the United Nations Security Council - Wikipedia
In February 2022, Russia held the Presidency of the UN Security Council. In March 2022 it is held by United Arab Emirates and, after that, UK (April 2022) and USA (May 2022).
7 April 2022 - UN General Assembly votes to suspend Russia from the Human Rights Council | | UN News
Council of Europe:
Situation in Ukraine: Decisions by Council of Europe's Committee of Ministers
Council of Europe suspends Russia's rights of representation
The European Court of Human Rights operates under the aegis of the Council of Europe. The court has announced interim measures concerning the Russian Federation (1 March 2022), Measures taken in cases concerning Ukraine (2 March), Interim measures concerning Russian military operations (4 March). Details are on the court's website - European Court of Human Rights - ECHR, CEDH, news, information, press releases (coe.int)
An Aggression Chamber for Ukraine Supported by the Council of Europe - Opinio Juris
European Union:
The Treaty was signed on 4 April 1949 by 12 founding members. The Treaty derives its authority from Article 51 of the UN Charter which reaffirmed the inherent right of independent States to individual or collective defence.
Collective defence is at the heart of the Treaty and is enshrined in Article 5 - NATO - Topic: Collective defence - Article 5
Russia has come under international condemnation because of its actions in Ukraine. As shown by this timeline, there has been a turbulent history since Ukraine became independent in 1991.
Sanctions have formed a part of the response by the UK Conservative government.
The imposition of sanctions is authorised
Also, on 16 February 2022, the EU Parliament issued an assessment of the Article 50 process -
Assessment of the implementation of Article 50 (pdf) and Assessment of the implementation of Article 50 (html version)
This post notes some of the salient points in the assessment.
As always, the document has to be read in full. It identifies a number of problems with Article 50 and examines
That meeting was attended by HM The Queen and three Privy Counsellors - Rt. Hon Jacob Rees-Mogg, Rt. Hon Baroness Evans of Bowes Park, and Rt. Hon Mark Spencer. Jacob Rees-Mogg was then Lord President of the Council. That post is now held by Mark Spencer.
The prorogation was, in law, a decision
Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence. It is a qualified right - "There shall be no interference
