The 1984 Act followed the Younger Report on Privacy (1972), the Lindop Report on Data Protection (1978), and the 1981 European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. (This Convention is the work of the Council of Europe and not the European Union. The UK ratified the Convention on 26 August 1987).
Subsequently, the
Sanctions:
Sanctions have been put in place by the UK as well as several other nations and the European Union.
The following links provide further information -
1) The imposition of sanctions is authorised in law by the Sanctions and Anti-Money Laundering Act 2018 and, in relation to Russia, by the Russia (Sanctions) (EU Exit) Regulations 2019.
2) UK Government -
a) UK sanctions regimes - GOV.UK (www.gov.uk)
b) Sanctions List and Asset Freeze List
In their Weekly Notes, the ICLR has included a useful "round up" showing the state of play at those inquiries which are either still on-going or have concluded taking evidence but have yet to issue reports.
Weekly Notes: legal news from ICLR, 14 July 2023 - ICLR
Other reports:
In addition to the ICLR's round up, it is worth noting:
Although this was plainly a serious offence, there were a number of exceptional features. Whilst a sentence of imprisonment was inevitable, the question was whether the term could be low enough to enable the imprisonment to be suspended but with requirements aimed at rehabilitation.
The sentencing judge, Mr Justice Pepperall, considered that he was unable to reduce the sentence below 28 months. This could not be suspended because it exceeded 2 years.
On appeal, the sentence was reduced to 14 months imprisonment to be suspended for 18 months from the date when she was first sentenced. There is also a rehabilitation requirement of up to 50 days to give her the opportunity to engage in various interventions designed to assist her, including counselling.
The Court of Appeal's summary judgment was published on 19 July and full reasons for the decision will be handed down in due course.
Earlier post - Law and Lawyers: R v Carla Foster - 28 months imprisonment - abortion (obiterj.blogspot.com)
Appeal - Summary of the court's judgment - R -v Carla Foster (judiciary.uk)
Addendum 22 October 2023:
The Court of Appeal's full judgment is at R -v- Foster (judiciary.uk). It can be seen - (para 51-53) - that the court did not take too kindly to a lengthy letter sent to the trial judge by eminent medical professionals who are listed at para 51. In summary, the letter said -
The Inquiry Chair (Baroness Hallett) had issued a notice, under the Inquiries Act 2005 section 21, for the government to produce certain material which, in her view, related to matters to be investigated (in Module 2) by the inquiry. The government brought judicial review to challenge the notice. The High Court held that the notice was valid.
The court recorded that the Cabinet Office may respond to the notice by making an application pursuant to section 21(4), that it is unreasonable to produce material which does not relate to a matter in question at the inquiry. It will be for the Chair of the Inquiry to rule on that application.
Therefore, the court's ruling does not mean that everything produced to the Inquiry will necessarily be published in full. Material supplied to the inquiry that is ruled not to relate to a matter in question at the inquiry is to be returned.
The 16 page judgment is at Cabinet Office -v- Chair of the UK Covid-19 Inquiry - Courts and Tribunals Judiciary. The government indicated that it would not appeal.
Former Attorney-General Suella Braverman KC was appointed Home Secretary on 6 September 2022 and has held the post since apart from a 6 day 'break' in October 2022.
The government wished to start implementing removals to Rwanda but judicial review proceedings were commenced in relation to several cases. The review was decided by the High Court (Lewis LJ and Swift J) in December 2022 -
Essentially, the High Court upheld the relocation policy but quashed the Home Secretary's decision in eight cases due to flaws in the implementation of the policy. The Home Secretary was entitled to reconsider the 8 cases in the light of the court's judgment.
Appeals against the High Court upholding the policy were inevitable. The
On Thursday 29 June 2023, the politician and broadcaster Nigel Farage announced that his bank (not named) had closed his bank accounts. He said that the bank simply stated that it was for 'commercial reasons' but, in his announcement, he went on to suggest that it may have been because he was a "Politically-Exposed Person" (or PEP). He had approached several other banks but had not been able to open new accounts
Farage is a particularly high profile individual and was a leading campaigner for Brexit - (the UK's departure from the EU). He was a Member of the European Parliament (MEP) from 1999 to 2020. In 2021, Farage relinquished his leadership of the political party Reform UK but, at the same time, became its honorary President.
The Financial Conduct Authority (FCA) has a clear explanation of Enhanced Due Diligence for High-risk Customers. This notes that - 'Politically exposed persons (PEPs) are individuals whose prominent position in public life may make them vulnerable to corruption. The definition extends to immediate family members and known close associates.'
The full definition of a PEP
This follows on from the committee's earlier report into whether former Prime Minister Boris was in contempt of Parliament. (For earlier report see Committee of Privileges and Boris Johnson). The House itself approved the committee's report and thus held that Johnson was in contempt.
A number of notable individuals are named in this special report and there is a recommendation (at para 20).
Para 22 notes that - 'It will be for the House to consider what further action, if any, to take in respect of Members of the House referred to in this special report.'
The fair-minded observer would know that the Committee on Privileges acts only when a matter is referred to it by the House of Commons.
Johnson was referred in April 2022 - Referral of Prime Minister to Committee of Privileges - Hansard - UK Parliament.
The observer would also know that the committee may only investigate the referred matter and report its findings back to the House. The decision about what to do as a result of the report rests entirely with the House. The committee's final report was issued 15 June 2023 - Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report (parliament.uk).
Between April 2022 and June 2023 the committee received advice
Read the Judiciary announcement (HERE) and the Press Release from the Prime Minister's Office.
The announcements supply all the detail required as to the appointment process and Dame Carr's biography.
Suffice it to say here that Dame Carr is the first female to be appointed to this pre-eminent judicial office the origins of which are traceable back to the early 13th century and possibly before.
Northern Ireland and Scotland:
The current Lord Chief Justice of Northern Ireland is Dame Siobhan Keegan who was appointed from 2 September 2021.
Scotland's senior judges are the Lord Justice General (Lord Carloway) and Lord Justice Clerk (Lady Dorrian - appointed 2016). (Scotland does not use the title Lord Chief Justice or Chief Justice).
Other Commonwealth nations:
The Chief Justice of Canada from 2000 until 2017 was Beverley McLachlin.
The Chief Justice of Australia is Susan Kiefel appointed from 30 January 2017.
The Chief Justice of New Zealand is Helen Winkelmann appointed from 14 March 2018.
Such a case is that of 44 year old a mother, Carla Foster, who was sentenced to 28 months imprisonment for administering poison with intent to procure a miscarriage. The offence was committed during the Covid-19 “lockdown” period in 2020.
The sentence is controversial and has received considerable comment on Twitter. Some see the 28 months as correct and others argue that some way ought to have been found to impose a suspended sentence order.
According to the judge (Mr Justice Pepperall), Carla Foster is a ‘good mother’ to three children one of whom has ‘special needs’ and is ‘particularly reliant on’ Carla ‘for love and support.’ She had no previous convictions.
Here are the sentencing remarks - R -v- Foster - Courts and Tribunals Judiciary
The baby whose life was terminated was,
The most notable of them is former Prime Minister Boris Johnson (Uxbridge and Ruislip South).
The other two are Nadine Dorries (mid Bedfordshire) and Nigel Adams (Selby and Ainsty).
In the December 2019 General Election, Johnson won his seat with 25,351 votes as against Labour's candidate (18,141), the Liberal Democrat (3026) and 9 other candidates. In the current state of national politics, this seat appears to be winnable by Labour.
Dorries won an enormous majority - 38,692 votes to Labour (14,028), Liberal Democrat (8171), Green (2478) and two other candidates. Adams secured a large majority with 33,995 votes to Labour (13,858), Liberal Democraft (4842), the Yorkshire Party (1900) and Green (1823). Perhaps those seats will remain with the Conservatives (with reduced majorities) but Labour will certainly be hoping to win the seats.
An interesting fact is that Under a Resolution of the House of Commons dated 2 March 1624, Members of Parliament cannot directly resign their seat. A sitting MP has to apply to the Chancellor of the Exchequer for one of two ancient "offices" - either Crown Steward and Bailiff of the Chiltern Hundreds or Crown Steward and Bailiff of the Manor of Northstead. The process is described at -
Resignation from the House of Commons - House of Commons Library (parliament.uk)
It is possible that the Chancellor might refuse an application but that is unlikely and has not actually happened since 1842. The last person to be refused either office was Viscount Chelsea, who was refused the Chiltern Hundreds in 1842. This was due to suspicions that money had changed hands to influence the result of the by-election which would have followed his appointment.
Once an MP has gone, a by-election usually follows but that cannot happen until a WRIT is moved by the House of Commons. By-elections are explained at - By-elections - UK Parliament
A motion to issue a writ is left to the Chief Whip of the party whose MP held the now vacant seat.
Occasionally, Members have resigned their seats and then fought the ensuing by-election.
State of the parties - MPs and Lords - UK Parliament
Note 12 June 2023:
Three Hundreds of Chiltern - GOV.UK (www.gov.uk) - Johnson appointed Steward.
Manor of Northstead - GOV.UK (www.gov.uk) - Adams appointed Steward
Johnson referred to the Committee on Privileges:
In April 2022, Prime Minister Boris Johnson was referred by the House of Commons (where the Conservative Party has a large majority) to the House of Commons Committee on Privileges (which has a Conservative majority but is chaired by Opposition MP Harriet Harman)..
Referral of Prime Minister to Committee of Privileges - Hansard - UK Parliament.
During the Covid-19 pandemic, the Police had issued Fixed Penalty Notices in connection with events at No. 10 Downing Street and the Cabinet Office. Johnson, Rishi Sunak, and others accepted the notices.
In the House of Commons, Johnson asserted on several occasions either that "all guidance was followed" or that he had been "repeatedly assured" that "no Covid rules were broken."
The House asked the committee to consider whether Johnson's conduct amounted to contempt of the House.
WhatsApp itself only stores communication for a limited period though messages are stored on the internal memory of individual mobile phones / other devices.
Companies such as WhatsApp have raised concerns that the government's ONLINE SAFETY BILL - (currently at Committee Stage in the House of Lords) - will compromise end-to-end encryption and they have threatened to withdraw the service from the UK if the Bill becomes law.
Encryption plays a critical role in protecting day-to-day digital activities like online banking, shopping, preventing theft of sensitive information in data breaches, and making sure private messages stay private. Of course, encryption also makes the medium attractive to individuals engaged in nefarious activities including online child abuse.
Naturally enough, government Ministers and officials have used WhatsApp extensively. After all, it is easier to dash off a hasty text message than to write a memo, have a formal conversation, or attend a minuted meeting..
In May 2021, Prime Minister Johnson announced a UK Covid-19 Inquiry. Baroness Heather Hallett, a retired Court of Appeal judge, was appointed as Inquiry Chair. Very wide Terms of reference were agreed and published. The Inquiry came into being on 28 June 2022 and operates under the Inquiries Act 2005.
The terms of reference include examination of 'how decisions were made, communicated, recorded, and implemented; ...'
The Act, section 21, empowers the Chairman to require a person to attend (a) to give evidence; (b) to produce any documents in his custody or under his control that relate to a matter in question at the inquiry; (c) to produce any other thing in his custody or under his control for inspection, examination or testing by or on behalf of the inquiry panel.
Section 35 states that -
The hearings will be available to watch on the Inquiry’s YouTube channel, subject to a three minute delay. A transcript of each hearing will be made available at the end of each day. A recording of the hearing will be published on the Inquiry’s website at a later date. Alternative formats, including a Welsh language translation are available on request.
*** Hearings ***
This is essential reading for all criminal law practitioners and important for all of us.
Could this lead to the end of jury trial in these cases? This possibility is included as one option in the Commission's report. If juries disappear in these cases then it is surely likely that there will be pressure to dispense with them altogether.
Views sought on proposals to counter effects of rape myths in sexual offence trials - Law Commission.
FULL reading of the consultation paper is really essential for any reader who wishes to respond - Download the consultation paper - pdf 727 pages.
Evidence in Sexual Offence Prosecutions - Law Commission
Download the summary of the consultation paper - - pdf 56 pages
Download an overview of the key proposals - - pdf 3 pages
Comment - 'Rape myths' consultation floats curbs on barristers' conduct | News | Law Gazette
Scotland:
Leading Scottish lawyers have condemned plans for trials to be conducted by a single judge without a jury as part of landmark reforms to the country’s justice system.
The Victims, Witnesses and Justice Reform (Scotland) Bill published on Wednesday unveiled changes including scrapping the not proven verdict, changing the size of criminal juries from 15 to 12 and creating a new specialist sexual offences court.
The Coronation was of course a massive and historic event with some 7,000 service personnel participating. They had rehearsed meticulously to put on a splendid show. It was attended by thousands who simply wished to see and enjoy the processions. They were perfectly entitled to do so. The event was also televised to millions across the world.
Earlier in the week, the Metropolitan Police issued a statement which included a paragraph stating - 'Our tolerance for any disruption, whether through protest or otherwise, will be low. We will deal robustly with anyone intent on undermining this celebration.'
The Coronation of His Majesty The King and Her Majesty The Queen Consort | Metropolitan Police
Having said that they would adopt a low tolerance approach, there is every appearance that the Police did exactly that. The government has insisted that the Police acted independently and without pressure from Ministers - PM backs Met Police amid criticism of ‘bid to disrupt protest’ during coronation (msn.com).
Some of the arrests were of individuals campaigning for
1. The Coronation - to be held on 6 May 2023 - has much of both historical and legal interest.
The Westminster Abbey website has published information about previous coronations, the ceremony, and the regalia - Coronations at the Abbey and see the House of Commons publication - The Coronation: history and ceremonial.
A good survey of the Crown and the Constitution is by David Torrance and may be seen at The Crown and the constitution - House of Commons Library (parliament.uk)
The Coronation Cases - cases in contract law arising from the cancelled coronation of Edward VII in 1902.
2. Miscarriage of Justice and Compensation - Readers will recall that, back in 2014, the government secured an amendment to the Criminal Justice Act 1988 which has undoubtedly made it much harder to obtain compensation for 'miscarriage of justice.'
In 2019, the UK Supreme Court dismissed appeals by Victor Nealon and Sam Hallam - see the case note available via the ICLR website - R (Hallam) v Secretary of State for Justice - Viewing document - ICLR
At the end of February 2023 their applications to the European Court of Human Rights were 'relinquished' to the Grand Chamber.
Relinquishment in favour of the Grand Chamber Nealon v. UK and Hallam v. UK (coe.int)
Meanwhile, the High Court in Northern Ireland has held that the Northern Ireland Department of Justice was wrong in law to decide that Gerry Adams (President of Sinn Fein from 1983 to 2018) was not eligible for compensation for his conviction for attempting to escape from detention.
His detention arose from the internment without trial regime created by the Detention of Terrorists (Northern Ireland) Order 1972..
The Department must now reconsider the case in accordance with the law.
Adams, Application for Judicial Review [2023] NIKB 53 (28 April 2023) (bailii.org)
Joshua Rozenberg has a full explanation - Why is Gerry Adams owed compensation? - by Joshua Rozenberg (substack.com)
The-Supreme-Court’s-misunderstanding-in-the-Gerry-Adams-case.pdf (policyexchange.org.uk) - where Lord Howell of Guildford argued that the Supreme Court was wrong to quash Adams' conviction for escaping detention - (see the Press Release relating to that judgment).
The Northern Ireland Troubles (Legacy and Reconciliation) Bill - Parliamentary Bills - UK Parliamentis currently passing through the House of Lords. An amendment to the Bill was tabled with a view to preventing the payment of compensation in a case such as that of Gerry Adams.
Internment was considered by the 'Bloody Sunday Inquiry' chaired by Lord Saville - see Volume 1 at para 8.49 - Report of the Bloody Sunday Inquiry - GOV.UK (www.gov.uk)
3. Tort and claims for psychiatric illness - formerly known as "nervous shock." The Supreme Court is set to hear three conjoined appeals on 16 - 18 May 2023. The three cases involve the appellants witnessing a death or attending shortly after a death caused by the respondent's negligence.
Here are the details as set out on the court's website -
Purchase (Appellant) v Ahmed (Respondent) - The Supreme Court
Paul and another (Appellants) v Royal Wolverhampton NHS Trust (Respondent) - The Supreme Court
The Law Commission - Liability for Psychiatric Illness - Law Commission - ' The Government decided not to proceed with our recommendations.'
