EUROPEAN CONVENTION ON HUMAN RIGHTS

[2007] EWHC 71 (Admin)
[2007] EWHC 71 (Admin)
DC (Auld LJ, Field J)
1 January 1970

The conduct described in an extradition request by the United States in respect of allegations of conspiracy to fix prices and obstructing the course of justice in the US were extradition offences under the Extradition Act 2003 s.137 because if carried out in England the conduct would have amounted to English offences.

[2006] EWHC 2927 (Admin)
[2006] EWHC 2927 (Admin)
DC (Laws LJ, Walker J)
1 January 1970

Where the United States Embassy had issued Diplomatic Notes assuring the United Kingdom that the appellants would not be designated enemy combatants or be subject to the death penalty following extradition, the judge had been correct to say that extradition was not incompatible with their rights under the European Convention on Human Rights 1950 .

[2006] EWHC 2573 (Admin)
[2006] EWHC 2573 (Admin)
DC (Maurice Kay LJ, Bean J)
10 March 2006

A judge in an extradition hearing was entitled to conclude that neither the mental health condition of the person sought to be extradited nor the passage of time rendered his extradition to Latvia unjust or oppressive under the Extradition Act 2003.

[2006] EWCA Crim 853
[2006] EWCA Crim 853
CA (Crim Div) (Rix LJ, Andrew Smith J, Judge Goddard QC)
1 January 1970

There was no reason to interfere with the conviction and sentence of a teenage boy in relation to four counts of rape of a very young boy. Despite inconsistencies between the differing accounts of the victim and two young witnesses the trial judge had been entitled to conclude that it was for the jury to consider the victim’s reliability as a witness.

[2006] UKHL 12
[2006] UKHL 12
HL (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood)
3 August 2006

The stop and search regime in the Terrorism Act 2000 did not give rise to violations of the European Convention on Human Rights 1950 .

[2006] EWCA Civ 89
[2006] EWCA Civ 89
CA (Civ Div) (Buxton LJ, Carnwath LJ, Lloyd LJ)
1 January 1970

When an appeal raised an issue of the correct calculation of turnover for the purposes of VAT, the primary task of the VAT and duties tribunal was to find the correct amount of tax so far as possible on the material properly available to it and in the absence of any provision to the contrary the burden of proof lay on the appellant. The European Convention on Human Rights 1950 did not require the use of PACE procedures in the VAT evasion regime even though the latter was in Convention terms a criminal process.

Sp Comm (Stephen Oliver QC, Theodore Wallace)
1 January 1970

The Special Commissioners had jurisdiction on appeal under the Proceeds of Crime Act 2002 s.320(1) to determine that an assessment by the Director of the Assets Recovery Agency under the Taxes Management Act 1970 s.29 was invalid on the grounds that the qualifying condition in section 317(1) of the 2002 Act was not satisfied.

[2006] EWHC 200 (Admin)
[2006] EWHC 200 (Admin)
DC (Laws LJ, Ouseley J)
1 January 1970

Although the judge conducting an extradition hearing under the Extradition Act 2003 possessed an implied jurisdiction to hold that the prosecutor was abusing the process of the court, no finding of abuse could be justified (in a case where the category 2 territory had been designated for the purpose of s.84 of the 2003 Act) by the prosecutor’s refusal or failure to disclose evidential material beyond what was contained in the extradition request, since under the statutory scheme the prosecutor did not have to establish a case to answer.

[2006] EWHC 167 (Admin)
[2006] EWHC 167 (Admin)
DC (Smith LJ, Newman LJ)
1 January 1970

Although validity of the warrant was not expressly mentioned in the Extradition Act 2003 as a question that had to be determined by the district judge at the extradition hearing, it had to be treated as a question that had been determined for the purposes of s.27 of the Act. Despite the absence of an express power to consider compliance with s.2 of the Act, the district judge had to consider whether as a result of non-compliance with those provisions he did not have jurisdiction, since the jurisdiction of the court depended on the validity of the warrant.

[2005] EWCA Crim 2963
[2005] EWCA Crim 2963
CA (Crim Div) (Hooper LJ, Leveson J, Calvert-Smith J)
1 January 1970

Where a defendant had previously been convicted of wounding with intent and acquitted of attempted murder, a subsequent prosecution for murder following the death of the victim from her injuries was not in breach of the European Convention on Human Rights Protocol 7 Art.4 since the new fact of the death of the victim had emerged since the first trial.

Scroll to top