Admin Flashcards

Question

What was the decision on corporal punishment?

Answer 1

Tyrer v UK - Not torture on inhuman treatment - But degrading punishment - Corporal punishment was outlawed at schools

Answer 2

A v UK Child beaten with garden cane by step father - Injuries were enough to engage Article 3 - Law changed in this area

Answer 3

As had made application late, they were denied food or shelter. Held that this was a violation of Article 3 Therefore now even if late, may receive accom etc

Answer 4

- Extradited to USA for death penalty | - this was held to be against article 3 right

Answer 5

Deported back to Punjabi with reason to believe would have violence Article 3 was in breach

Answer 6

The prohibition of slavery and forced labour

Answer 7

1. Work done ordinarily by prisoners as part of their sentence 2. Compulsory military service in European countries that still have this 3. Work required in an emergency 4. Any work or service that that forms part of normal civic obligations

Answer 8

The status or condition over whom any or all of the powers attaching to the right of ownership are exercised

Answer 9

Someone in a position of servitude is not owned by another and so is not a slave

Answer 10

Trainee lawyers, as part of their qualification process, were to carry out free legal work - This was held not to be a breach of Article 4 as it was valuable work and it did not stop them from doing other work

Answer 11

1. Type of work involved 2. Penalty or burden for not carrying it out 3. Level of hardship or oppression to which the individual was subject to

Answer 12

The requirement that a person in receipt of Jobseeker's allowance had to carry out unpaid work experience was not forced labour

Answer 13

The right to liberty and security

Answer 14

1. Imprisonment after conviction 2. Ensuring compliance with a court order 3. Arrest on suspicion of a crime 4. Detention of a minor for educational services 5. Detention in mentally ill hospitals 6. Detention of foreigners in the context of asylum and deportation cases

Answer 15

1. Must be in good faith and closely connected with a legal purpose 2. Must be necessary (other less severe measures considered and rejected) 3. Length of detention should not exceed that reasonably required 4. Proper records for detention should be kept 5. The detention must be lawful in terms of the national law

Answer 16

1. Breach or reasonable suspicion of breach of some known law 2. The giving of reasons for arrest and charge 3. A trial within a reasonable time 4. The availability of judicial review 5. The right to compensation for breach of Article 5

Answer 17

Suspected terrorists were being detained for an indefinite period Therefore they declared s23 incompatible

Answer 18

This helped to define deprivation of liberty Even though had larger island this was still deprivation of liberty

Answer 19

Required to stay in a flat except between 10am and 4pm

Answer 20

Containing a group of people in a particular area for a limited period of time

Answer 21

Four people at a demonstration were contained in a police cordon for 6-7 hours. One was a demonstrator but others were passers-by Court found that the police had no alternative

Answer 22

Right to a fair trial

Answer 23

1. Individuals should have access to the court 2. The court should be independent and impartial 3. Trial should be in public and decision announced publicly 4. Trial itself should take place within a reasonable time 5. Trial should be conducted in a fair way

Answer 24

Held in breach of Article 6 that the Home Secretary was deciding tariffs

Answer 25

- Interests of morality, public order or national security - Interests of juveniles or protection of life of the parties - Special circumstances

Answer 26

The defendant must be able to participate in the trial effectively

Answer 27

Two eleven year old boys struggled to understand the magnitude of the situation

Answer 28

If obtained illegally

Answer 29

Bugging devices in flat helped to convict Khan of drug offences - The court held that evidence obtained by the police unlawfully is allowed to be used if it is a relevant issue of the case

Answer 30

NO | Salabiaku v France [1991]

Answer 31

The court can draw adverse inferences from silence HOWEVER not convicted on this alone

Answer 32

Murray was convicted and the jury drew adverse inferences from his silence

Answer 33

1. Promptly of the details of the case 2. Sufficient time to prepare a defence 3. To defend themselves either personally or with the assistance of a lawyer 4. To call witnesses in their defence and to cross-examine those who have given evidence against them 5. To have an interpreter provided for free where necessary

Answer 34

No punishment by law (eg person cannot be punished for conduct that was not a criminal offence when they committed it)

Answer 35

Applicants had been convicted of raping their wives when at the time it had not been a crime. However this was rejected as this development could be reasonably foreseen

Answer 36

The right to marry

Answer 37

Transgender YES | Same sex NO

Answer 38

Illegal marriages - father marrying daughter in law

Answer 39

Requires the state to hold free elections

Answer 40

Prisoners who are released on temporary charge or home detention curfew are allowed to vote

Answer 41

The abolition of the death penalty

Answer 42

Is the interference prescribed by law In pursuit of a legitimate aim Proportionate

Answer 43

It must be embodied by the law - written or unwritten | This must be accessible and sufficiently precise to enable citizens to regulate their conduct

Answer 44

For each right there will be a list of legitimate aims | eg national security, prevention of crime, protection of health and morals

Answer 45

Necessary in a democratic society

Answer 46

Bank Mellat test

Answer 47

The right to respect for private and family life

Answer 48

Mr Peck's image was used in a campaign for CCTV, against his will - No attempt to hide his identity so in breach of article 8

Answer 49

Uner v Netherlands

Answer 50

- Article 8 was engaged when being removed from the country - Mental and physical wellbeing - However, would have to be a high threshold

Answer 51

Claimed that Article 8 was invoked as they were prevented from hunting on their land and jeopardising their livelihoods There was NO BREACH

Answer 52

Information on a blog is public and there is no expectation of privacy

Answer 53

The right to freedom of thought, conscience and religion

Answer 54

Could place restrictions on items of clothing, or require people to carry out certain tasks

Answer 55

4 cases regarding clothing

Answer 56

Wore cross as a BA attendant which was banned BREACH as did not detract from professional appearance or BA brand

Answer 57

Wearing a cross as a nurse was banned NO BREACH as this was about health and safety

Answer 58

Girl told could not wear gown NO BREACH

Answer 59

1. She could have attended different school that was closer 2. She had worn this for 2 years without objection 3. The school had a policy of allowing muslims to wear whatever they liked in an inclusive unthreatening and uncompetitive way

Answer 60

The freedom of expression

Answer 61

Ban on political advertising

Answer 62

Wanted to use advert on exploitation of animals in commerce and leisure - This was banned as political Said that it was infringing their article 10 right - NO BREACH

Answer 63

Outright racist remarks are not protected by freedom of expression

Answer 64

Defamed American flag | - factors given on freedom of expression

Answer 65

BNP poster banned, NO BREACH as views incompatible with ECHR

Answer 66

Freedom of assembly and association

Answer 67

Must be peaceful

Answer 68

Anti-atomic weapons camp for 23 years was being shut down | - Held that this was an interference with right to assembly

Answer 69

Party was dissolved by Turkey due to name and beliefs | - However BREACH as name could not justify dissolution

Answer 70

Party was dissolved as wanted strict requirements of sharia law - This was NOT A BREACH as would have undermined values of ECHR

Answer 71

The right to peaceful enjoyment of property

Answer 72

The right to education

Answer 73

Admission policies Exclusions and suspensions

Answer 74

Absolute rights will prevail over qualified rights

Answer 75

Venables v NGN: Publication of information of which would lead to Venables was banned as his life would be in danger

Answer 76

Article 6 is absolute and article 10 is qualified but there are two ways of dealing with it

Answer 77

1. The Contempt of Court Act 1981 | 2. Common Law Contempt

Answer 78

The communication must address the public at large or a section of the public

Answer 79

If the trial is set to begin or has already begun

Answer 80

1. Risk of prejudice must be SUBSTANTIAL | 2. Degree of prejudice must be SERIOUS

Answer 81

1. Innocent publication/distribution | 2. Contemporary report of proceedings

Answer 82

At the time of publishing they did not know or had no reason to believe that the proceedings were active at the time of publication

Answer 83

Non-biased

Answer 84

Daily Mirror and Sun were sued for vilifying Christopher Jeffries for murder during trial

Answer 85

This is intentionally impeding or prejudicing the administration of justice

Answer 86

There were articles trying to prejudice the jury against Sonia Sutcliffe

Answer 87

Punch magazine published an article about MI5 officer against injunction

Answer 88

Yes Common Law Contempt

Answer 89

They will be balanced as both qualified

Answer 90

Must make a claim in tort As the court is a public authority, they will make a decision compatible with ECHR

Answer 91

Maybe Douglas v Hello! Vidal-Hall v Google Inc

Answer 92

Mary Bell famous child killer Found that her fragile mental health meant that Article 8 should prevail over Article 10

Answer 93

Naomi Campbell pictured outside Narcotics Anonymous Article 8 right prevailed as thought it would prevent her getting help

Answer 94

Does the complainant have a reasonable expectation of respect for private life?

Answer 95

The princess won as it was suggested that the fact someone is a public figure, does not automatically mean they have no privacy at all

Answer 96

Held that it was a matter of general public interest of the health of her father, the Prince of Monaco

Answer 97

JK Rowling son, picture taken | As a child it was held that had a higher reasonable expectation for privacy

Answer 98

There were a number of factors to be considered

Answer 99

Member of company was under criminal investigation Whether it contributed to the general public debate

Answer 100

Sado-masochistic activities Was not in the public interets If had been Nazi related then would have been due to grandfather being Oswald Mosley

Answer 101

Superinjunction regarding JT affair

Answer 102

Rio portrayed himself as a family man | Public interest to demonstrate that this image was false

Answer 103

PJS won a case to prevent details of threesome But showed injunctions didn't mean anything in social media age

Answer 104

The mechanism by which the courts ensure that public bodies act within powers that they have been granted and do not exceed or abuse those powers

Answer 105

Rule of law Separation of powers Parliamentary sovereignty

Answer 106

Send a letter before claim to the decision maker including the claim, remedies sought and a detailed statement of the claimant's grounds for making the claim Serve this to the defendant

Answer 107

VERY urgent cases (deportation cases)

Answer 108

1. Permission stage | 2. Hearing stage

Answer 109

The court considers whether the claimant has standing and whether the claim was begun in sufficient time

Answer 110

To weed out hopeless claims

Answer 111

This is where the court hears the case

Answer 112

Does the claim raise PUBLIC law issues?

Answer 113

It is contrary to public policy and an abuse of process of court to allow a claimant to seek to enforce public law rights by way of ordinary action

Answer 114

If the case involves both public and private law elements

Answer 115

A case about pay, which was a public law decision and a private law decision (breach of contract)

Answer 116

Is the decision maker amenable to judicial review?

Answer 117

Can only be a public body

Answer 118

1. SOURCE OF POWER - if has been set up under statute or under delegated legislation 2. NATURE OF POWER: if the body is exercising its public law functions then it could still be a public body

Answer 119

Does C have sufficient interest to make a claim?

Answer 120

If personally affected then fine, if no personal interest then not fine

Answer 121

Pressure groups

Answer 122

Casual workers on Fleet Street avoided taxes and when found out were awarded amnesty. A pressure group applied for judicial review and were allowed Courts unlikely to reject valid judicial review claim, on the grounds of lack of standing

Answer 123

WMD pressure group Applied for judicial review They were allowed

Answer 124

1. The need to uphold the rule of law 2. The importance of the issue raised 3. The likely absence of any other responsible challenger 4. The nature of the alleged breached of duty 5. The role of the pressure group

Answer 125

Must be within the time limit

Answer 126

A claim form must be filed promptly at a maximum of 3 months The court can refuse a claim if there has been undue delay

Answer 127

Reduced to six weeks

Answer 128

The court have COMPLETE DISCRETION

Answer 129

The applicant applied for permission to build a wind farm, but waited until the end of the three months to file it This was undue delay

Answer 130

8 month delay | This was allowed as had multiple difficulties

Answer 131

Delay in obtaining legal aid is not a reason for delay

Answer 132

Even if permission was granted, could still be rejected at the end fo delay

Answer 133

Are there any ouster clauses ?

Answer 134

This is a clause in an Act of Parliament where is wishes to exclude any right of challenge once decisions have been made by a public body

Answer 135

Purports no right of challenge and attempts to exclude the courts

Answer 136

The court still used judicial review even though there was a full ouster clause

Answer 137

Some opportunity for judicial review

Answer 138

Reduced time limited from 3 months to 6 weeks

Answer 139

1. Illegality 2. Irrationality 3. Procedural impropriety

Answer 140

An action is illegal or ultra vires if it is beyond the powers of the public body

Answer 141

Once decision making powers are given by Parliament, they cannot be further delegated or sub-delegated

Answer 142

Vine v National Dock Labour Board | Dock board set up a committee to deal with claims - this was delegation

Answer 143

1. Carltona principle | 2. s101 Local Government Act 1972

Answer 144

Government ministers are allowed to sub-delegate decision making powers to civil servants in their department

Answer 145

1. There is clear wording of statute that the decision was for one minister alone 2. The decision is crucial with serious consequence and placing duty on minister will not give excessive burden on them

Answer 146

Local authorities may delegate decision making powers to committees provided they make a formal resolution to do so

Answer 147

If Parliament provides a public body with discretionary powers, courts will not permit that body to restrict or fetter such discretion

Answer 148

1. Acting under the dictation of another | 2. Applying a general policy and not taking each case individually

Answer 149

Lavender & Sons v Minister of Housing and Local Government: was found to have fettered discretion by basing the decision to extract sand on another Minister's objection

Answer 150

British Oxygen v Minister of Technology | Minister of Technology rejected British Oxygen proposal as under £25 without considering the case properly

Answer 151

If powers which are not conferred on the government by Parliament

Answer 152

Home Office had no powers to revoke a TV licence which was purchased just before the fees increased

Answer 153

Where there are dual purposes on an action by a public authority, the primary purpose must be analysed

Answer 154

Westminster Corporation built toilets under Whitehall, which created a subway to increase chance of trespass on to LNWR's land - This was the primary purpose test

Answer 155

£650,000 on an advertising campaign bringing central governments rate-capping policy to light. However it was held that the campaign was about ILEA's views rather than the rate-capping policy

Answer 156

Public bodies should not be taking in to account irrelevant considerations when making a decision

Answer 157

Paid a generous wage to males and females Had taken in irrelevant considerations (feminist ambition) and disregarded relevant ones (the wage levels across the labour market and the burden this would have on the tax payer)

Answer 158

Potential political embarrassment to the minister was not a matter to take in to account

Answer 159

Error of law - when a mistake has been made on a piece of law Error of fact - when a mistake has been made on a piece of fact

Answer 160

Foreign sea commission rejected a claim of compensation | This was outside their jurisdiction

Answer 161

Immigration Act 1971 allowed the Home Secretary to remove illegal immigrants from the UK. Facts were incorrect as not an illegal immigrant

Answer 162

1. Mistake as to existing fact 2. The fact must be uncontentious and objectively verifiable 3. The person seeking review must not have been responsible for the mistake 4. The mistake must have played a material part in the decision maker's reasoning

Answer 163

A very high degree of unreasonableness

Answer 164

The decision maker came to a conclusion that was so unreasonable that no reasonable authority could have ever come to it

Answer 165

Owners of cinema granted licence but only if over 15s

Answer 166

So outrageous in its defiance of logic that no sensible person would have arrived at it

Answer 167

Black Cab rapist case being released on parole

Answer 168

``` DIRECT = court is obliged to quash INDIRECT = not obliged ```

Answer 169

Lord Chancellor awarded injunctions to Grand Junction, but it was found that he held significant shares in the company This was direct bias

Answer 170

Lord Hoffman who was part of charging Chilean dictator was chairman of Amnesty International therefore viased

Answer 171

This could be if a relative has an interest, not the judge themselves. This will not be quashed automatically and will be treated on a case by case basis

Answer 172

policeman called press conference early saying that someone would likley be charged - felt there was a need to charge them This was found that NO INDIRECT BIAS

Answer 173

‘would a fair-minded and impartial observer conclude that there had been a real possibility of bias?’

Answer 174

There is a duty on decision makers to act in good faith and listen fairly to both sides

Answer 175

How much the defendant has to lose McInnes v Onslow

Answer 176

1. Forfeiture (lose their whole livelihood) 2. Legitimate expectation (seeks renewal of a licence previously held) 3. Application (where the claimant is a first time applicant, who merely seeks a licence)

Answer 177

Entitled to alot more from their hearing

Answer 178

Ridge was dismissed from his role as a policeman and given no warning - Stood to lose livelihood and pension rights - Right to know case, right to reply, right to reasons

Answer 179

1. Procedural | 2. Substantive

Answer 180

Where a decision maker has failed to follow a normal procedure

Answer 181

300 taxi drivers were promised that they would be consulted if new licences handed out - they weren't

Answer 182

Reasons for refusing to call in a planning application

Answer 183

Where the decision maker has led someone to believe that he or she will receive a benefit

Answer 184

Claimant consented to move to a new care facility on the basis it would be her home for life However after 3 years it was shut down 1. There was legitimate expectation it would stay open

Answer 185

Expect alot less from hearing

Answer 186

6 applications to Boxing Board of Control for a licence to manage boxers No hearing but as first time not expected as much

Answer 187

1. If the decision is merely preliminary | 2. If there are national security concerns

Answer 188

Officers had been suspended by dismissed. Therefore could not seek judicial review

Answer 189

No fair hearing as national security

Answer 190

The law has not yet accepted that public authorities have a general duty to give reasons for their decisions

Answer 191

1. Where the decision taken, in the absence of reasons, looks aberrant 2. Where the decision concerns the length of a prisoner's term of imprisonment

Answer 192

Awarded £6500 instead of £15,000 upon dismissal. Without reasons this looked aberrant

Answer 193

There is no right to an oral hearing, although a claim in forfeiture is entitled to expect far more - this might include a full oral hearing

Answer 194

Warned twice about meeting and refused oral hearing - fair

Answer 195

Mandatory | Directory

Answer 196

``` Mandatory = decision invalid Directory = not invalid ```

Answer 197

Bradbury v London Borough of Enfield | The borough failed to provide required notice on reform of school.

Answer 198

Coney v Choyce | Complied with 2/3 requirements

Answer 199

Reverses decision

Answer 200

A procession in a public place

Answer 201

1. Funeral procession 2. Customary or commonly held processions eg remembrance day 3. Improptu reactions

Answer 202

Mass cycle rides were allowed, even if they changed the route every year Commonly held

Answer 203

6 clear days notice

Answer 204

Organiser did not know and did not have any reason to suspect would not be complied with

Answer 205

YES as long as 1. The march will result in serious public disorder, damage to the property or disruption to public life 2. The purpose of the organisers is to intimidate with a view to compel them to do something

Answer 206

Must want them to do something Police v Reid - Anti-apartheid protesters were hurling abuse but not preventing people from going inside

Answer 207

If BEFORE - then chief police officer | If DURING - then most senior officer at the scene

Answer 208

YES in certain circumstances

Answer 209

If chief of police beleives that the powers are insufficient to risk of serious public disorder

Answer 210

Chief of police applies to local authority - they apply to home secretary

Answer 211

Yes judicial review Kent v Met Police Commissioner Banned all processions in metropolitan district for 28 days. This was too wide and area

Answer 212

No requirement to obtain permission to hold a meeting

Answer 213

``` Certain areas (eg Trafalgar Square) Royal Parks ```

Answer 214

Two or more people in a public place that is wholly or partly open to the air

Answer 215

YES | under s14 of the POA 1986

Answer 216

NO but can disperse

Answer 217

These are assemblies held on land which the public has no right of access or only limited right of access

Answer 218

1. Public assembly need only comprise of two people whereas 20 for trespassory 2. Public need partly in open air whereas trespassory fully in open air 3. Trespassory must be on land which public has limited right to

Answer 219

- Must be without the right or permission of the occupier | - May result in serious disruption to the life of the community

Answer 220

- No more than 4 days - Must not apply to area greater than 5 miles radius - Local authority must have the Home Secretary's consent

Answer 221

Order prohibiting assemblies at Stonehenge 21 people at a highway nearby This was allowed as public place

Answer 222

The police have common law powers to prevent a breach of the peace

Answer 223

There is a breach of the peace whenever harm is actually done or likely to be done

Answer 224

1. They have the power to arrest 2. Attend or disperse a gathering 3. Powers of entry

Answer 225

80 miners stopped to picket line | Reassonble to expect breach of peaec

Answer 226

The police stopped coaches carrying 120 anti-war protesters They were sent back despite having peaceful intentions - This was not lawful to expect a breach of the peace

Answer 227

1. Ultra vires 2. Common law 3. Modified ultra vires

Answer 228

Carrying out parliamentary intent

Answer 229

Should act as a check on the executive

Answer 230

This recognises some of the limitations of ultra vires and imputes a general intention to Parliament that it wants its decision-makers to abide by the rules

Answer 231

- Intention of 650 MPs | - Ouster provisions?