Lecture 12: Prisoner's legal rights Flashcards
What does ECHR stand for?
European Convention on Human Rights
What concept suggests restrictions on prisoners should be minimized?
Minimum interference
What does the doctrine of proportionality relate to?
Prisoner restrictions
What gives the ECHR power over national legislation?
Treaty ratification
What case confirmed setting a prisoner’s tariff is a judicial function?
Thompson and Venables
Under what Legal Act can ‘whole life’ sentences be given?
Murder Act 1965
What case established that refusal to allow a prisoner conception breaches human rights?
Dickson
What Article protects rights to private and family life?
Article 8
What democratic right was the focus on Hirst vs UK?
Voting
What legal ruling deemed the UK prisoner voting ban illegal?
The Grand Chamber
What country is noted as having significant prisoner voter turnout?
Canada
What principle suggests restrictions should relate directly to the offence?
Commensurate justice
What gives courts discretion to interpret human rights principles?
Margin of appreciation
Which Article protects the right to liberty?
Article 5
What case confirmed ‘whole life’ sentences are not necessarily inhumane?
Hutchinson
What case ruled that allowing a prisoner conception falls within national discretion?
Mellor
What right is noted as not being interpreted to require private prison visits?
Right to found a family
What represents the central punishment according to the ‘minimum interference’ principle?
Liberty restriction
What case first ruled that blanket prisoner disenfranchisement lacks logical justification?
Hirst No.2
What explains low voter turnout when prisoner enfranchisement was introduced in Ireland?
Administrative complexities and prisoner apathy
What legal change enabled ROTL prisoners to vote in UK elections?
The Representation of the People Act
What best explains differing approaches to prisoner voting in European countries?
Cultural values
What key point does the Pearson case highlight regarding post-tariff detention?
Its purpose becomes preventative rather than punitive
What case confirmed that tariff lengths are not covered by the ECHR’s prohibition on retrospective penalties?
Hindley
What guided principle suggests restrictions should not exceed what is required for prison administration?
Penological proportionality
What are States argued to have discretion over according to the ‘margin of appreciation’ principle?
Voting policies
What rights doctrine suggests restrictions should serve legitimate aims and be no greater than required?
Proportionality
