In this week’s Digest, the Supreme Court considered the limitation period for bringing a claim under the Human Rights Act 1998 and the Divisional Court considered whether judicial review of a decision not to prosecute constitutes proceedings otherwise than in a “criminal cause or matter” so that a closed material procedure could be used. 

O’Connor v Bar Standard Board [2017] UKSC 78

The judgment, which was delivered by Lord Lloyd-Jones, was handed down by the Supreme Court on 6.12.17.

The Supreme Court considered the limitation period for bringing a claim under the Human Rights Act 1998.  Section 7(5) of the Human Rights Act 1998 uses the expression “the date on which the act complained of took place”.  The Supreme Court held that this phrase could encompass a course of conduct and did not have to be interpreted as meaning an instantaneous act.  The appellant’s claim that the Bar Standards Board had indirectly discriminated against her by bringing and pursuing disciplinary proceedings was therefore not time-barred because those proceedings amounted to a single, continuous course of conduct which continued until the conclusion of the barrister’s appeal to the Visitors to the Inns of Court.

  

Belhaj v Director of Public Prosecutions [2017] EWHC 3056 (Admin)

The judgment, which was delivered by Irwin LJ, was handed down by the Divisional Court on 1.12.17.

The Administrative Court considered whether judicial review proceedings to challenge a decision not to prosecute an individual for misconduct in public office constitute a “criminal cause or matter” within the meaning and for the purposes of the Justice and Security Act 2013. If so, the court could not order the judicial review to take place by way of closed material proceedings.  The court held that there had been no consistent interpretation of the phrase “criminal cause or matter” and that it was capable of having different meanings in different statutes.  The court concluded that the issue in the instant case could properly be regarded as “proceedings” concerning a “criminal cause or matter”, but was not an appeal “in” criminal proceedings, since the outcome of the case would not decide criminal liability.

Victoria Ailes appeared on behalf of the interested party

  

R (on the application of Skelton) v Winchester Crown Court [2017] EWHC 3118 (Admin)

The judgment, which was delivered by Lindblom LJ, was handed down by the Divisional Court on 5.12.17. 

The Divisional Court considered whether the Crown Court could properly refuse to state a case for the opinion of the court. It was held that the Crown Court’s decision not to state a case was lawful. The claimant’s complaint went not to an issue of law, but to the findings of fact made by the Crown Court in coming to the conclusion that the force she used against the victim was unlawful. In these circumstances, the Crown Court was entitled to refuse to state a case.

Michael Bisgrove appeared on behalf of the interested party

R (on the application of O’Connell) v Westminster Magistrates’ Court [2017] EWHC 3120 (Admin)

The judgment, which was delivered by Edis J, was handed down by the Divisional Court on 6.12.17.

The Divisional Court considered whether the Chief Magistrate ought to have stayed proceedings to commit the claimant to prison as an abuse of process due to the length of time that had passed between the imposition of the default sentence and his arrest. The court held that despite the fact the length of time which had passed was very long, the decision of the Chief Magistrate to commit the claimant to prison was lawful. A fact specific decision is required.

 

Director of Public Prosecutions v Smith [2017] EWHC 3193 (Admin)

The judgment, which was delivered by Bean LJ, was handed down by the Divisional Court on 7.12.17.

The Divisional Court considered whether it was reasonably open to the City of London Justices to acquit the respondent on the basis that he had no intent to cause harassment, alarm or distress.

 

Sentencing Remarks: R v Mohammed Abdallah (Central Criminal Court 8.12.17)

 

In the news

The Lord Chief Justice holds his annual press conference

 

Equality and Human Rights Commission to launch its own Grenfell fire inquiry

 

Council of Europe accepts UK compromise on prisoner voting rights

 

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