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Criminal Law

Leave for judicial review of decision to prosecute mother who procured abortion pills for her daughter

The High Court granted leave to judicially review the decision of the PPS to prosecute a mother for procuring abortion pills for her fifteen year old daughter who wanted to terminate her pregnancy.

Criminal Law, Local Developments

Unlawful to imprison debtor without a proper inquiry into means

R (Woolcock & Bridgend Magistrates Court) v Cardiff Magistrates Court and Brigend County Council [2017] EWHC 34

The High Court found that a single mother who was sent to prison by the Magistrates’ Court for 81 days because she was unable to pay her council tax bill, was unlawfully imprisoned.

Criminal Law

Unlawful to discriminate against offenders who are labelled foreign nationals because their parents did not marry

R (o.t.a. Johnson) v Secretary of State for the Home Department [2016] UKSC 56

The Supreme Court ruled that there was no justification for deporting someone who had committed a series of serious offences on the basis that he was a foreign national simply because his parents had never married. 

Criminal Law, Deportation

CJEU rules that people smugglers can be prosecuted after immigrants have later gained EU citizenship because home country joins EU

Paoletti and Others (Judgment) [2016] EUECJ C-218/15

The Court of Justice of the European Union (CJEU) has ruled that people smugglers may still be prosecuted after illegal immigrants have since gained EU citizenship due to their country of origin being granted EU membership.

Criminal Law, Immigration & Asylum

Extradition of UK citizen to Taiwan would breach Article 3 of the Convention

Zain Taj Dean v The Lord Advocate and the Scottish Ministers [2016] HCJAC 83

The High Court of Justiciary Appeal Court ruled that the extradition of a British citizen to Taiwan would be incompatible with Article 3 of the European Convention on Human Rights as a result of the conditions in Taipei prison.

Criminal Law, Other Public Interest Cases

High Court refuses to make order to stop Serious Fraud Office conducting investigations

R (o.t.a Soma Oil & Gas) v Director of the Serious Fraud Office [2016] EWHC 2471

The High Court has dismissed a challenge from Soma, an oil and gas company, to stop the Serious Fraud Office (SFO) from conducting investigations.

Criminal Law, Disclosure