Case Blog

Nicklinson Right To Die Cases

In a follow-up to a case previously covered by the PILS Update, two severely disabled men and Tony Nicklinson’s widow have taken their cases on assisted suicide to the Court of Appeal of England and Wales. All three appellants want health professionals to be legally protected if they assist people who wish to end their own lives.

Tags
Mental Health

Case admitted straight from the County Court reaffirms Rabone ruling that voluntarily detained patients can be covered by Art. 2 duties

The European Court of Human Rights (ECtHR) admitted a case on appeal directly from the County Court in England and proceeded to affirm the UK Supreme Court’s ruling in Rabone v Penine Care NHS [2012].

Tags
ECHR Art. 13, ECHR Art. 2, Mental Health, Suicide

Disclosure in Enhanced Criminal Records Checks not a breach of ECHR Article 8

R (T) v (1) Chief Constable of Greater Manchester Police, (2) Secretary of State for the Home Department (Secretary of State for Justice an interested party) [2012] EWHC 147 (Admin)

A twenty year old applying for university challenged the requirement to disclose all prior convictions, cautions and warnings in Enhanced Criminal Records Checks.  The individual had received a warning for the theft of two bicycles when he was 11 but had had a clear record since then.  It was argued that the inflexible nature of the requirement to make such disclosures is in breach of Article 8 of the European Convention.

Tags
Disclosure, ECHR Art. 8, Enhanced Criminal Records Checks

Anonymity granted to police officer despite not meeting Art. 6 criteria

A Police Officer’s Application (Leave Stage) [2012] NIQB 3

In this case a police officer requested to have his name and further details kept anonymous following unsuccessful judicial review proceedings. The officer had been the subject of misconduct proceedings within the PSNI and had been under consideration by the Public Prosecution Service for suspected drugs offences. He had sought to judicially review the continuance of the misconduct proceedings on the basis that they would prejudice the fairness of any potential prosecution. The application for judicial review was refused but the, now former, police officer applied to have his details in the judicial review kept anonymous because he believed his safety to be at risk from dissident republicans.

Tags
ECHR Art. 2, ECHR Art. 6, Right to Fair Trial, Cost Order

ECHR Art. 2: Right to Life

  • Supreme Court rules that hospital had duty to protect patient from committing suicide

Rabone and Anor. v Penine Care NHS Trust [2012] UKSC 2

The Supreme Court has ruled that a hospital had an ‘operational’ duty under ECHR Art. 2 to protect a voluntary patient from committing suicide.  Previously this duty only covered those who were detained under the Mental Health Act.

Tags
ECHR Art. 2, Right to Life

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