The children's watchdog for England said that changes to the legal aid system since 2013 were having serious potential effects on a wide range of children's rights. Research conducted to inform the Commissioner's impact analysis showed a reduction in legal representation in private family cases and that the 'exceptional funding' regime, created to ensure that legal aid was still given to people whose human rights were at risk, had been used in significantly fewer cases than anticipated. Two background reports were published alongside the Commissioner's impact assessment.
Source: Legal Aid Changes Since April 2013: Child rights impact assessment, Office of the Children's Commissioner
Links: Report | OCC press release | Resolution press release | Guardian report | Guardian report
Source: Joel Carter, The Impact of Legal Aid Changes Since April 2013: Participation work with children and young people, Office of the Children's Commissioner
Links: Report
Source: Helen Powell, Mark Sefton, Marisol Smith, and Amy Randall, The Impact of Legal Aid Changes on Children Since April 2013: Desk-based research, Office of the Children's Commissioner
Links: Report
Date: 2014-Sep
The Scottish Government began consultation on a draft Public Services Reform (Inspection and Monitoring of Prisons) (formerly Prison Visiting Committees) (Scotland) Order 2014, which would abolish Prison Visiting Committees, clarify the role of Her Majesty's Chief Inspector of Prisons, create the roles of Prison Monitoring Co-ordinator and Independent Prison Monitor, and require the Chief Inspector to establish a Prison Monitoring Advisory Group. This consultation followed on from an earlier consultation on this topic, and a response to the original consultation was also published. The current consultation would close on 13 October 2014.
Source: Further Consultation on the Draft Public Services Reform (Inspection and Monitoring of Prisons) (formerly Prison Visiting Committees) Order 2014, Scottish Government
Links: Consultation document | Summary | Response to initial consultation
Date: 2014-Sep
A report examined recent progress in the United Kingdom towards the realization of key rights for people with disabilities, in the context of the global financial crisis and austerity policies. It raised concerns about the impact of the social sector size criteria (commonly referred to as the 'bedroom tax'), as well as other changes such as the introduction of personal independence payments, employment and support allowance, and the work capability assessment. The report said that the Care Act 2014 had been a positive development, but did not sufficiently protect people living with higher levels of support need, and benefits changes (in particular, the closure of the independent living fund) provided no guarantees that people's levels of support would be maintained. The report made a range of recommendations.
Source: Dignity and Opportunity for All: Securing the rights of disabled people in the austerity era, Just Fair
Links: Report | Summary | Easy read
Date: 2014-Sep
A report discussed the practice and implications of holding immigration detainees in the United Kingdom prison estate beyond the end of a custodial sentence. It said that detainees held in prison did not have the same range of support and facilities as those held in other forms of immigration detention, and that they experienced multiple, systemic, and compounding barriers to accessing justice. The report discussed the practical barriers encountered and said that prisons should no longer be used to hold immigration detainees.
Source: Denial Of Justice: The hidden use of UK prisons for immigration detention – evidence from BID's outreach, legal & policy teams, Bail for Immigration Detainees
Links: Report | BID press release
Date: 2014-Sep
A paper examined the future of human rights in Scotland, in the context of debates leading up to the 2014 independence referendum. Building on an earlier paper, it identified three priorities for action: the implementation of Scotland's National Action Plan for Human Rights; continued and concerted efforts to embed a culture for human rights into everyday life, including in public services; and the incorporation of all international human rights into Scotland's own laws.
Source: Human Rights in Scotland's Future, Scottish Human Rights Commission
Links: Report
Date: 2014-Aug
A paper examined the extent to which prisoners should have access to taxpayer-funded legal advice, and considered whether there might be viable, cheaper alternatives. The paper argued that prisoners should continue to have access to funded services, on the grounds of both procedural fairness and cost.
Source: Kushal Sood, The Role of the Prison Lawyer in Balancing the Scales of Justice, Working Paper 11/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
The government began consultation on proposals to change the Police and Criminal Evidence Act 1984 (PACE) Code of Practice A in order to implement the government's commitment, set out in an earlier consultation on stop and search, to clarify the meaning of 'reasonable grounds for suspicion' (a legal basis upon which stops could be made), as well as to emphasize that officers would be subject to formal performance or disciplinary proceedings if the powers were not correctly used. The consultation on the draft revised code would close on 20 October 2014. The government also announced the implementation of new guidance on the use of stop and search, and the availability of data on police forces' use of the power.
Source: Draft Revised PACE Code A (Stop and Search), Home Office
Links: Consultation document | Home Office press release
Source: Best Use of Stop and Search Scheme, Home Office
Links: Guidance | Home Office press release | EHRC press release | BBC report | Telegraph report
Date: 2014-Aug
A paper examined to what extent the rights of the children of convicted women offenders were being considered in the English criminal courts when proposing custodial sentences, drawing on research with 75 cases. It said that, in general, the rights of the child were not considered when their mothers were imprisoned, and argued for this to be rectified on social, legal, and moral grounds.
Source: Rona Epstein, Mothers in Prison: The sentencing of mothers and the rights of the child, Working Paper 3/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
A new book examined the proposed accession of the European Union to the European Convention on Human Rights, the reasons for accession, the means by which this would be achieved, and the effects that it would have.
Source: Johan Callewaert, The Accession of the European Union to the European Convention on Human Rights, Council of Europe
Links: Summary
Date: 2014-Aug
A report provided findings from a research project that had examined the legal assistance systems in place for unaccompanied children in various migration and asylum procedures in Austria, Belgium, Bulgaria, Denmark, Italy, Spain, and the United Kingdom. The research had looked at issues related to accessing legal assistance (such as rights to free legal assistance, information provided to unaccompanied children, referral systems, and procedural and practical obstacles in accessing available assistance), and the quality assurance of the assistance provided.
Source: Helene Soupios-David, with Elona Bokshi, Maria Hennessy, and Silvia Cravesana, Right to Justice: Quality legal assistance for unaccompanied children, European Council on Refugees and Exiles
Links: Report | Summary | Annexe 1 | Annexe 2 | Refugee Council press release
Date: 2014-Aug
A paper examined the practice of children's rights in youth justice.
Source: Kathryn Hollingsworth, Re-Imagining Justice for Children: A new rights-based approach to youth justice, Working Paper 10/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
An article examined the roles and functions of the organizations that were responsible for regulating health and adult social care in England and for monitoring the operation of the Mental Health Act 1983 currently (the Care Quality Commission) and formerly (the Mental Health Act Commission). The article compared the two organizations in terms of their ability to provide a legitimate system of regulation and an effective safeguard for detained psychiatric patients. It said that the CQC did have the capacity to monitor detention, enforce standards, and improve the quality of psychiatric patient care, as long as it continued to uphold certain principles and standards and maintain its independence from the state.
Source: Judy Laing, 'Protecting the rights of patients in psychiatric settings: a comparison of the work of the Mental Health Act Commission with the CQC', Journal of Social Welfare & Family Law, Volume 36 Number 2
Links: Abstract
Date: 2014-Jul
A new book examined whether the Common European Asylum System complied with the rights of the child.
Source: Ciara Smyth, European Asylum Law and the Rights of the Child, Routledge
Links: Summary
Date: 2014-Jul
A report examined recent progress by the United Kingdom towards the realization of certain key rights under the International Covenant on Economic, Social and Cultural Rights and the United Nations Convention on the Rights of People with Disabilities, seeking to assess the extent to which the United Kingdom was upholding these rights, and whether recent austerity policies had resulted in retrogression. In particular, the report examined the rights to independent living, work, social security, social protection, and an adequate standard of living, and it concluded that government policies were compromising enjoyment of these fundamental rights, causing significant hardship to people with disabilities.
Source: Jane Young, Dignity and Opportunity for All: Securing the rights of disabled people in the austerity era, Just Fair
Links: Report | Summary | Centre for Welfare Reform press release
Date: 2014-Jul
An article examined police attitudes to, and criteria for using, s136 of the Mental Health Act 1983 to detain individuals thought to be a danger to themselves or to others. It said that use of the authority had major implications for police work and that, although liaison with mental health services was seen as desirable, it was constrained by resources and lack of availability. The article considered the values that underlay decision making, and the policy implications.
Source: David Menkes and Gillian Bendelow, 'Diagnosing vulnerability and "dangerousness": police use of Section 136 in England and Wales', Journal of Public Mental Health, Volume 13 Number 2
Links: Abstract
Date: 2014-Jul
The children's watchdog for England began consultation on how schools, and other organizations that delivered education services, could best promote and protect children's rights. The consultation would close on 26 September 2014.
Source: A Rights-Based Approach to Education: What are the characteristics of an education system which protects and promotes children's rights?, Office of the Children's Commissioner
Links: Consultation document
Date: 2014-Jul
The Data Retention and Investigatory Powers Act 2014 was given Royal assent. The Act was fast-tracked through Parliament, and provided for: powers to introduce secondary legislation to replace the Data Retention (EC Directive) Regulations 2009 (S.I. 2009/859); clarification that any company providing communication services to customers in the United Kingdom was obliged to comply with requests for communications data and interception warrants issued by the Secretary of State, irrespective of the location of the company providing the service; for a review of the operation and regulation of investigatory powers in relation to communications data and interception (to report by 1 May 2015); and for more frequent reporting from the Interception of Communications Commissioner.
Source: Data Retention and Investigatory Powers Act 2014, Home Office, TSO
Links: Act | Explanatory notes | Home Office press release | Ministerial statement | NUJ press release | BBC report | Guardian report | Telegraph report
Date: 2014-Jul
The government responded to a report by a committee of MPs on the application of the European Union Charter of Fundamental Rights in the United Kingdom.
Source: Government Response to the House of Commons European Scrutiny Committee Report 43rd Report, 2013 14, HC979, The Application of the EU Charter of Fundamental Rights in the UK: A state of confusion, Cm 8915, Ministry of Justice, TSO
Links: Response | MPs report
Date: 2014-Jul
The government began consultation on proposed changes to the Mental Health Act 1983: Code of Practice. The Code provided guidance to mental health professionals and others in respect of the Act, to help them to safeguard patient's rights and ensure that they worked within the law, and also provided people detained or treated under the Act with information about their rights and expectations. The revised version would incorporate changes that arose following the Winterbourne View care home investigation, as well as changes and updates in legislation, policy, case law, and professional practice. The consultation would close on 12 September 2014.
Source: Stronger Code: Better care – consultation on proposed changes to the Code of Practice: Mental Health Act 1983, Department of Health
Links: Consultation document | Draft code | DH press release
Date: 2014-Jul
The government responded to a report by a joint committee of MPs and peers on the implications for access to justice of the government's proposals to reform judicial review.
Source: Government response to the Joint Committee on Human Rights: The implications for access to justice of the Government's proposals to reform judicial review, Cm 8896, Joint Select Committee on Human Rights, TSO
Date: 2014-Jul
The Welsh Government published a declaration of rights for older people in Wales. The declaration would have no binding legal effect, but set out aspirational rights as already underpinned by law.
Source: Declaration of Rights for Older People in Wales, Welsh Government
Links: Declaration | Welsh Government press release | Alzheimers Society press release | OPCW press release
Date: 2014-Jul
A new book examined asylum policy in the European Union and the effect of recent attempts at harmonization on the identification and protection of refugees. It questioned whether law and policy was upholding the right to asylum as enshrined in the Universal Declaration of Human Rights, considered the extent of state obligations and the motivations of European legislators and legislation, and made recommendations for change to protect refugees.
Source: Helen O'Nions, Asylum – A Right Denied: A critical analysis of European asylum policy, Ashgate Publications
Links: Summary
Date: 2014-Jun
A private member's Bill was published that was designed to allow for terminally ill, competent adults within six months of their end of life to be provided at their request with specified assistance to end their own life.
Source: Assisted Dying Bill, Lord Falconer of Thoroton, TSO
Links: Bill | Explanatory notes
Date: 2014-Jun
The government responded to a report by a committee of peers on the implementation of the Mental Capacity Act 2005. It outlined a range of measures to be taken forward, including: to consider the case for establishing a new, independently chaired Mental Capacity Advisory Board; to commission a review of existing guidance and tools to determine best practice for wider dissemination; to prioritize professional training; to ask the Law Commission to consult on and potentially draft a new legislative framework that would allow for the authorization of a best interests deprivation of liberty in supported living arrangements, and to consider any improvements that might be made to the Deprivation of Liberty Safeguards; and to increase the level of awareness and understanding of Lasting Powers of Attorneys.
Source: Valuing Every Voice, Respecting Every Right: Making the case for the Mental Capacity Act – The Government's response to the House of Lords Select Committee Report on the Mental Capacity Act 2005, Cm 8884, Ministry of Justice/Department of Health, TSO
Links: Response | Peers report
Date: 2014-Jun
The Supreme Court ruled that police cautions represented an aspect of private life that should be protected, and laws requiring a person to disclose previous convictions or cautions to a potential employer constituted an interference with human rights and would jeopardise entry into their chosen field.
Source: R (on the application of T and another) v Secretary of State for the Home Department and another, UKSC 35 (2014), United Kingdom Supreme Court
Links: Judgement | Press summary | BBC report | Guardian report
Date: 2014-Jun
An article examined the use of the electric-shock weapon Taser by police forces in England and Wales. It said that use had substantively increased, but the issue had received relatively little attention in academic work. The article said that there was a need for better use of force reporting to facilitate further research.
Source: Abi Dymond, '"The flaw in the Taser debate is the Taser debate": what do we know about Taser in the UK, and how significant are the gaps in our knowledge?', Policing, Volume 8 Issue 2
Links: Abstract
Date: 2014-May
A report discussed the identification of children in the criminal justice system in England and Wales. It said that it was neither in the best interests of the child, nor of society in general, to 'name and shame', that the existing system was inconsistent, and that it was harmful to rehabilitation. The report called for a range of measures, including a change in the law to grant all children involved in criminal proceedings automatic and lifelong anonymity.
Source: Di Hart, What's in a Name? The identification of children in trouble with the law, Standing Committee for Youth Justice
Links: Report | SCYJ press release
Date: 2014-May
An article examined the degree of input- and output-legitimacy of the European Union's participatory rights regime and, in particular, the interaction between the Fundamental Rights Agency and civil society. It said that while such co-operation had benefits in optimizing human rights, it was constrained by its embeddedness within an agency that needed also to mitigate the demands of European Union and member state institutions and organizations.
Source: Markus Thiel, 'European civil society and the EU Fundamental Rights Agency: creating legitimacy through civil society inclusion?', Journal of European Economic Integration, Volume 36 Issue 5
Links: Abstract
Date: 2014-May
The Immigration Act 2014 was given Royal assent. The Act provided for a range of changes regarding immigration practices and procedures, including: to amend the rights and processes of the appeal procedure, including provisions with regard to Article 8 of the European Convention on Human Rights; to introduce new powers to regulate migrants' access to housing and services, including the National Health Service; to introduce new powers to investigate 'sham' relationships; to make changes to the regulatory system for advice provision; to make changes regarding embarkation checks; to make provision for the removal of citizenship; and to provide for fees to be levied in connection with immigration matters.
Source: Immigration Act 2014, Home Office, TSO
Links: Act | Explanatory notes | Explanatory notes | Home Office/UK Visas and Immigration/Border Force press release
Date: 2014-May
The High Court ruled that anonymity provided to children involved in court proceedings (under section 39 of the Children and Young Persons Act 1933) automatically expired when they reached the age of 18 and could not extend to media or other reports of the proceedings after they had reached that age.
Source: JC & Anor v The Central Criminal Court, High Court 8 April 2014
Links: Judgement | Together press release | Law Society Gazette report
Date: 2014-Apr
The European Court of Justice ruled that by requiring the retention of communications data and by allowing the competent national authorities to access those data, the Data Retention Directive interfered with the fundamental rights to respect for private life and to the protection of personal data.
Source: C-293/12 Digital Rights Ireland and C-594/12 Seitlinger and Others v The Minister for Communications, Marine and Natural Resources and Others, European Court of Justice
Links: Judgement | Press release | BBC report
Date: 2014-Apr
A new book examined the use of the law by underprivileged social groups in Europe to advance their rights and pursue social change.
Source: Dia Anagnostou (ed.), Rights in Pursuit of Social Change: Legal mobilisation in the multi-level European system, Hart Publishing
Links: Summary
Date: 2014-Apr
A report examined the legal doctrine of joint enterprise, which allowed for more than one person to be charged and convicted of the same crime if it could be proved that the participants were working together (regardless of the role they played). The report said that the doctrine created the potential for injustice, and that there were calls for reform from within the legal profession.
Source: Maeve McClenaghan, Melanie McFadyean, and Rachel Stevenson, Joint Enterprise: An investigation into the legal doctrine of joint enterprise in criminal convictions, The Bureau of Investigative Journalism
Links: Report | Bureau press release | Guardian report
Date: 2014-Apr
The government launched a consultation (in the form of a survey) as part of its review of the operation of Sections 135 and 136 of the Mental Health Act 1983. This legislation gave the police powers to remove temporarily people who appeared to be suffering from a mental health crisis and who needed urgent care in a 'place of safety', to facilitate assessment or treatment. The review would aim to determine whether changes to the legislation were needed in order to improve outcomes for those experiencing mental health crisis. The consultation would close on 3 June 2014.
Source: Review of the Operation of Sections 135 and 136 of the Mental Health Act 1983 in England and Wales: A survey, Department of Health/Home Office
Links: Consultation document | Section 135 | Section 136 | Code of Practice
Date: 2014-Apr
The Scottish Government published an analysis of responses to a consultation on proposals to change the independent monitoring of prisons in Scotland.
Source: Consultation on the Draft Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014 – Analysis of written responses, Scottish Government
Date: 2014-Apr
A report by a committee of MPs sought to clarify the position in United Kingdom law of the European Charter of Fundamental Rights, following comments made by a senior judge and a discussion in the House of Commons in late 2013. The report outlined the committee's opinion on what the Charter did and did not do, but noted that there remained areas of uncertainty and concluded that, although the Charter had made fundamental rights more visible, it had made their application more complex. The committee recommended that the government should respond to this report, making clear where it agreed and disagreed, so that the two reports together might inform the Charter's application in the UK. It also recommended that the government should: intervene in the European Court to limit the scope of the Charter in the UK; explain what further action it intended to take; and introduce primary legislation to disapply the Charter.
Source: The Application of the EU Charter of Fundamental Rights in the UK: A state of confusion, Forty-third Report (Session 2013–14), HC 979, House of Commons European Scrutiny Committee, TSO
Links: Report | Committee press release
Date: 2014-Apr
The government published its response to a consultation on the use by police of stop and search powers. It said that the government would now revise the Police and Criminal Evidence Act 1984 (PACE) Code of Practice A to make clear what constituted 'reasonable grounds for suspicion' (the legal basis upon which police officers carried out the majority of stops). The report also set out a range of associated proposals, including for revised training, and a voluntary good practice code.
Source: Police Powers of Stop and Search: Summary of consultation responses and conclusions, Home Office
Links: Report | Home Office press release | EHRC press release | Police Federation press release | Guardian report
Date: 2014-Apr
A report by a committee of MPs said that although the United Kingdom government had acted earlier than some other governments on opening access to data, it was now at risk of being overtaken, with consequent economic risk. The report noted the value of public data for the economy and said that the sale of the Postcode Address File had been a mistake. The report called for greater clarity on the public's right to data, for early publication of data, and for open data to become a major government work programme in its own right, in order to overcome possible departmental apathy or resistance.
Source: Statistics and Open Data: Harvesting unused knowledge, empowering citizens and improving public services, Tenth Report (Session 2013–14), HC 564, House of Commons Public Administration Select Committee, TSO
Links: Report | PASC press release | Royal Statistical Society press release | BBC report | Guardian report | Telegraph report
Date: 2014-Mar
A report by a joint committee of MPs and peers raised concerns about the implications of provisions in the Immigration Bill, currently proceeding through the House of Lords. The committee raised particular concern about: a new clause, which would enable the government to remove United Kingdom citizenship from naturalized citizens whilst they were overseas; the impact of the Bill's provisions on children and dependents; and the protection of rights to a fair hearing/appeal.
Source: Legislative Scrutiny: Immigration Bill (second report), Twelfth Report (Session 2013–14), HC 1120 and HL 142, Joint Select Committee on Human Rights, TSO
Links: Report | Guardian report
Date: 2014-Mar
The government began consultation on the balance of competences between the United Kingdom and European Union in the field of information rights: in particular, the protection of personal data, and access by individuals to public information. The consultation would close on 1 July 2014.
Source: Call for Evidence on the Review of the Balance of Competences between the United Kingdom and the European Union: Information rights, Ministry of Justice
Links: Consultation document | MOJ press release | Written ministerial statement
Date: 2014-Mar
A new book examined the foundations for law and practice in the coercive measures used by the state for crime prevention and public protection, focusing particularly on coercive measures involving deprivation of liberty. The book considered whether these measures could be justified, the impact on the boundaries between criminal and civil law, and whether their use was indicative of wider changes in the state's approach to security.
Source: Andrew Ashworth and Lucia Zedner, Preventive Justice, Oxford University Press
Links: Summary
Date: 2014-Mar
A new book examined the European Court of Human Rights' jurisprudence in respect of sexual orientation. Analyzing the complaints brought under the European Convention on Human Rights, it considered how the court's interpretations had shaped lesbian and gay rights in Europe.
Source: Paul Johnson, Homosexuality and the European Court of Human Rights, Routledge
Links: Summary
Date: 2014-Mar
The government began consultation on proposals to make changes to PACE codes C and H, regarding the information given to suspects about their rights and about the accusations levied against them. PACE codes were established under the Police and Criminal Evidence Act 1984 to lay out the powers of police and make provisions to protect the rights of those suspected or accused of offences. The consultation would close on 22 April 2014.
Source: Home Office
Links: Documents
Date: 2014-Mar
The Supreme Court ruled that people with severe disabilities could not be deprived of their liberty without proper safeguards, regardless of the quality of their placements. The case concerned the living arrangements of three people with disabilities who were in state-organized care placements under constant supervision.
Source: P v Cheshire West and Chester Council and another/P and Q v Surrey County Council, UKSC 19 (2014), United Kingdom Supreme Court
Links: Judgement | Press summary | EHRC press release | Government note | BBC report | Guardian report
Date: 2014-Mar
A new book provided an analysis and critique of the dual protection of human rights in Europe, by assessing the developing legal relationship between the Court of Justice of the European Union and the European Court of Human Rights.
Source: Kanstantsin Dzehtsiarou, Theodore Konstadinides, Tobias Lock, and Noreen O'Meara (eds), Human Rights Law in Europe: The influence, overlaps and contradictions of the EU and the ECHR, Routledge
Links: Summary
Date: 2014-Mar
An article examined the impact of the United Kingdom government White Paper, Valuing People, on the availability of mundane choices for people with learning difficulties. It said that, although individuals appeared able to make an increased range of decisions, these were sometimes based on a limited menu of options. The article discussed the implications for autonomy, and argued that a lack of control in mundane choices disempowered people and led to learned passivity.
Source: Andrea Hollomotz, 'Are we valuing people's choices now? Restrictions to mundane choices made by adults with learning difficulties', British Journal of Social Work, Volume 44 Number 2
Links: Abstract
Date: 2014-Mar
A paper examined the use by European Union member states of sanctions for irregular (non-legal) migration, and the risk to those deemed to help migrants. The paper proposed changes to policies against the smuggling of human beings, to take better regard of fundamental rights.
Source: Criminalisation of Migrants in an Irregular Situation and of Persons Engaging with Them, European Agency for Fundamental Rights
Links: Paper
Date: 2014-Mar
The government began consultation on proposals to amend the codes of practice governing covert investigations. The changes would increase the requirements for authorizations, restrict the powers of local authorities, and make provision for oversight by the Office of Surveillance Commissioners. The consultation would close on 27 March 2014.
Source: Covert Surveillance and Covert Human Intelligence Sources Codes of Practice, Home Office
Links: Consultation document | Written ministerial statement
Date: 2014-Feb
A think-tank report examined the criminal justice system in England and Wales and called for measures to speed up operations by locating magistrates in 'police courts', held in police stations or community buildings, to hear cases, review sentences, and oversee or administer out of court disposals. The report called for an additional 10,000 new magistrates, with greater diversity and a fixed tenure of 10 years. It suggested longer court sitting hours to include evenings and weekends, and for 'problem solving' magistrates and judges to be trained to specialize in drug and alcohol addiction cases. It outlined ideas for the creation of new 'justice hubs', where larger magistrates' and Crown courts could be co-located with criminal justice agencies, civil courts, and tribunals, as well as custody facilities.
Source: Max Chambers, Charlotte McLeod, and Ruth Davis, Future Courts: A new vision for summary justice, Policy Exchange
Links: Report | Policy Exchange press release | Magistrates' Association press release | BBC report | Guardian report | Telegraph report
Date: 2014-Feb
An article examined the developing system of judicial criminal case management in England and Wales, focusing on the effect on defence obligations. It discussed the extent to which accuracy of outcome, efficiency, and protection of fair trial rights were compatible objectives.
Source: Jenny McEwan, 'Truth, efficiency, and cooperation in modern criminal justice', Current Legal Problems, Volume 66 Issue 1
Links: Abstract
Date: 2014-Feb
An article examined adult protection in Scotland, in particular how service users, family members, and service delivery professionals perceived the effectiveness of the protection orders issued under the Adult Support and Protection (Scotland) Act 2007. It said that, although there had been concerns about the potential for paternalistic practice and excessive use of orders, proportionality appeared to be applied in practice. It said that all parties were aware of the tensions between autonomy and protection, but there were beneficial outcomes from the careful use of orders.
Source: Michael Preston-Shoot and Sally Cornish, 'Paternalism or proportionality? Experiences and outcomes of the Adult Support and Protection (Scotland) Act 2007', Journal of Adult Protection, Volume 16 Number 1
Links: Abstract
Date: 2014-Feb
The Immigration Bill was given a third reading. The Bill was designed to introduce a range of changes regarding immigration practices and procedures, including: to amend the rights and processes of the appeal procedure, including provisions with regard to Article 8 of the European Convention on Human Rights; to introduce new powers to regulate migrants' access to housing and services, including the National Health Service; to introduce new powers to investigate 'sham' relationships; to make changes to the regulatory system for advice provision; to make changes regarding embarkation checks; and to provide for fees to be levied in connection with immigration matters.
Source: Immigration Bill, Home Office, TSO | Debate 31 January 2014, columns 1121-1132, House of Commons Hansard, TSO
Links: Bill | Explanatory notes | Hansard
Date: 2014-Feb
An article examined the range of factors that shaped the performance of human rights and equality bodies, through a comparative analysis of six statutory bodies in the United Kingdom and Ireland.
Source: Sarah Spencer and Colin Harvey, 'Context, institution or accountability? Exploring the factors that shape the performance of national human rights and equality bodies', Policy & Politics, Volume 42 Number 1
Links: Abstract
Date: 2014-Feb
An article provided a critique of the United Kingdom government's conclusions regarding a new safeguarding power of entry, proposed in a consultation in 2013.
Source: David Hewitt, 'You are not, any of you, my mother: what happened to the safeguarding power of entry?', Journal of Adult Protection, Volume 16 Number 1
Links: Abstract | Consultation
Date: 2014-Feb
The government responded to a report by a joint committee of MPs and peers on proposals for the reform of legal aid in England and Wales.
Source: Government Response to the Joint Committee on Human Rights: The implications for access to justice of the Government's proposals to reform legal aid., Cm 8821, Ministry of Justice, TSO
Links: Response | JC report | MOJ press release
Date: 2014-Feb
A study examined the evidence on the use of stop and search by police in Scotland between 2005 and 2010. The report said that practices varied widely between areas and the effectiveness of stop and search was unclear. It said there was a clear need for politicians and policing stakeholders to clarify the limits of stop and search powers and to ensure that the appropriate legal and regulatory framework was in place to support police practice. The report made recommendations.
Source: Kath Murray, Stop and Search in Scotland: An evaluation of police practice, Scottish Centre for Crime and Justice Research, University of Glasgow
Links: Report | SCCJR press release | SHRC press release | BBC report | Guardian report
Date: 2014-Jan
A report examined the experiences of 46 women who had been detained while they sought asylum in the United Kingdom. The report outlined the nature of the violence and persecution that led to the asylum requests, and the impact of their subsequent detention on the mental health of the women. It said that, while in detention, 93 per cent had felt depressed, 85 per cent felt scared, more than half thought about killing themselves and ten women had tried to do so. The report included new official statistics (supplied by the Home Office for the report), which showed that, of the 1,867 women who had sought asylum and who left detention in 2012, 36 per cent were removed from the United Kingdom. The report made recommendations, including to end the detention of female asylum-seekers.
Source: Marchu Girma, Sophie Radice, Natasha Tsangarides, and Natasha Walter, Detained: Women asylum seekers locked up in the UK, Women for Refugee Women
Links: Report
Date: 2014-Jan
An article examined the issue of equal rights to healthcare in the European Union. The European Court of Justice had strengthened the right to healthcare in other member states: but this could not create an equal right to healthcare when states were so different. The Court had formulated 'rules for rights' – not so much European social citizenship rights as a set of legal principles by which it judged the decisions of the member states.
Source: Scott Greer and Tomislav Sokol, 'Rules for rights: European law, health care and social citizenship', European Law Journal, Volume 20 Issue 1
Links: Abstract
Date: 2014-Jan
A report examined the impact of advocacy services for people who used social care services in the United Kingdom and Ireland. It said there was a notable lack of published, robust evidence, particularly on cost-effectiveness but also on how advocacy works and its significance for users of social care. The report said it was also difficult to isolate the impact of advocacy work from that of other services, such as advice provision and befriending. The report called for further research to map advocacy organizations, on impact for a range of vulnerable groups, to identify the nature of advocacy, and to conduct cost-benefit analysis.
Source: Alison Macadam, Rich Watts, and Rob Greig, The Impact of Advocacy for People who Use Social Care Services, National Institute for Health Research
Links: Report | NIHR press release | NDTi press release | National Care Forum report
Date: 2014-Jan
An article examined abortion rights in Northern Ireland. It explored the interconnectedness of civil, political, and social rights; and the implications of an inability to vindicate any aspect of those rights.
Source: Goretti Horgan and Julia O'Connor, 'Abortion and citizenship rights in a devolved region of the UK', Social Policy and Society, Volume 13 Issue 1
Links: Abstract
Date: 2014-Jan
A report examined the legal, ethical and social issues surrounding the retention and potential use of Guthrie cards in Scotland. The Guthrie card collection constituted more than 2.5 million cards that included blood/DNA samples and personal information relating to children born in Scotland since the inception of the collection in 1965 until the present day. The report said that there was no dedicated legal framework that applied to the collection and noted the potential challenges that might result. It said that a robust, flexible and adaptive system was required to govern the collection, and that existing practices could be improved further to strike an appropriate balance of interests. The report outlined options.
Source: Graeme Laurie, Kathryn Hunter, and Sarah Cunningham-Burley, Storage, Use and Access to the Scottish Guthrie Card Collection: Ethical, legal and social issues, Scottish Government
Date: 2014-Jan