Court of Appeal Affirms Ability to Pass Whole Life Tariffs for Murder
A specially constituted five-member Court of Appeal has ruled unanimously in R v McLoughlin that the imposition of a ‘whole life order’ for murder not does violate Article 3 ECHR....
Indian Supreme Court Changes Stance on Death Penalty: Holds Delay to be a Ground for Commutation
Recently, in the case of Shatrughan Chauhan v. Union of India, a three-judge bench of the Indian Supreme Court delivered a landmark judgment on the death penalty: holding, in particular,...
Equal Treatment for All…Except the Highest?
A recent resolution of Member States of the International Criminal Court (ICC) puts into question their commitment to respect the fundamental right of equality for all embedded within Article 1...
Prosecuting in the Public Interest: CPS Guidelines from Assisted Suicide to Social Media
Although the DPP’s consent is required before a prosecution for assisted suicide can be brought, the discretion whether to prosecute or not exists in all cases. In this post, drawn...
The UN Sanctions Regime Against Terrorists: Suggested Changes
The current UN sanctions regime against terrorists does not secure due process rights. Allowing the International Criminal Court to deal with these cases would be a preferable solution, as it...
A Step Closer to Secret Justice?
The recent case of CF v Security Service provides an early indication of how the courts will treat the newly-implemented Justice and Security Act 2013. The claimants in this case...
Secret Executions in India: Another Reason to Rethink the Death Penalty
Secret executions of death row prisoners are increasingly becoming the order of the day in India. At least three (two ‘successful’, one failed) have been attempted in the last few...
R v D: an Imperfect, yet Promising, Approach to the Treatment of the Niqaab in Court
Debate has recently been ignited in the UK about whether Muslim veils can be accommodated in court, stemming from Judge Peter Murphy’s decision in R v D. In her post...
The Queen v D(R): Wearing a Veil During Proceedings in Crown Court
In a recent Crown Court case The Queen v. D(R), His Honour Judge Murphy had to rule on whether a defendant charged with witness intimidation should be allowed to keep...
Guantanamo Military Commissions: Reflections from a Legal Observer – Part 3
Editor’s note: This is the third and final post of a multi-part blog. To view earlier posts on this subject, please view Part I and Part II. In my last...
Guantanamo Military Commissions: Reflections from a Legal Observer – Part 2
There is perhaps no more controversial space in the world than the U.S. Naval Station at Guantanamo Bay, Cuba. For many, Guantanamo represents the very worst of the American prosecution...
Bugmy v The Queen: Exploring the Significance of Indigenous Background in Sentencing
Bugmy v The Queen provides the High Court of Australia with its first opportunity in thirty years to rule on the significance of Indigenous background in sentencing. The overrepresentation of...
