Lecture 12: Prisoner's legal rights

Question 1

What does ECHR stand for?

Answer 1

European Convention on Human Rights

Question 2

What concept suggests restrictions on prisoners should be minimized?

Answer 2

Minimum interference

Question 3

What does the doctrine of proportionality relate to?

Answer 3

Prisoner restrictions

Question 4

What gives the ECHR power over national legislation?

Answer 4

Treaty ratification

Question 5

What case confirmed setting a prisoner’s tariff is a judicial function?

Answer 5

Thompson and Venables

Question 6

Under what Legal Act can ‘whole life’ sentences be given?

Answer 6

Murder Act 1965

Question 7

What case established that refusal to allow a prisoner conception breaches human rights?

Answer 7

Dickson

Question 8

What Article protects rights to private and family life?

Answer 8

Article 8

Question 9

What democratic right was the focus on Hirst vs UK?

Answer 9

Voting

Question 10

What legal ruling deemed the UK prisoner voting ban illegal?

Answer 10

The Grand Chamber

Question 11

What country is noted as having significant prisoner voter turnout?

Answer 11

Canada

Question 12

What principle suggests restrictions should relate directly to the offence?

Answer 12

Commensurate justice

Question 13

What gives courts discretion to interpret human rights principles?

Answer 13

Margin of appreciation

Question 14

Which Article protects the right to liberty?

Answer 14

Article 5

Question 15

What case confirmed ‘whole life’ sentences are not necessarily inhumane?

Answer 15

Hutchinson

Question 16

What case ruled that allowing a prisoner conception falls within national discretion?

Answer 16

Mellor

Question 17

What right is noted as not being interpreted to require private prison visits?

Answer 17

Right to found a family

Question 18

What represents the central punishment according to the ‘minimum interference’ principle?

Answer 18

Liberty restriction

Question 19

What case first ruled that blanket prisoner disenfranchisement lacks logical justification?

Answer 19

Hirst No.2

Question 20

What explains low voter turnout when prisoner enfranchisement was introduced in Ireland?

Answer 20

Administrative complexities and prisoner apathy

Question 21

What legal change enabled ROTL prisoners to vote in UK elections?

Answer 21

The Representation of the People Act

Question 22

What best explains differing approaches to prisoner voting in European countries?

Answer 22

Cultural values

Question 23

What key point does the Pearson case highlight regarding post-tariff detention?

Answer 23

Its purpose becomes preventative rather than punitive

Question 24

What case confirmed that tariff lengths are not covered by the ECHR’s prohibition on retrospective penalties?

Answer 24

Hindley

Question 25

What guided principle suggests restrictions should not exceed what is required for prison administration?

Answer 25

Penological proportionality

Question 26

What are States argued to have discretion over according to the ‘margin of appreciation’ principle?

Answer 26

Voting policies

Question 27

What rights doctrine suggests restrictions should serve legitimate aims and be no greater than required?

Answer 27

Proportionality