In this week’s Digest, the last of 2017, the Court of Appeal allowed an appeal against the refusal of a claim for JR against the IPCC, holding both that the findings of an investigation were inadequate and that disclosure of the report had not been properly approached. The Administrative Court considered prison conditions in Lisbon and concluded there was a real prospect that detention in that facility would infringe Article 3 ECHR such that further information was needed from Portugual. 

 

 

R (Miah) v. Independent Police Complaints Commission and anr [2017] EWCA Civ 2108

The judgment, available here, was handed down by Lord Justice Sales on 14.12.17.

This was an appeal against the decision of the respondent on the grounds that it did not (i) address the issues raised in his complaint; (ii) deal with the issues raised adequately; and (iii) give the appellant enough information about the substance of the investigation. The complaint investigated by the respondent related to the use of a police officer’s powers under Schedule 7 to the Terrorism Act 2000 to detain and interrogate an individual with a view to ascertaining whether they were involved in terror offences. The appeal succeeded on both ground (i) and (ii); the respondent had failed to follow the correct procedure. The case was remitted to the respondent for further consideration.

 

Mohammed v. Comarca de Lisboa Oeste, instancia Central De Sintra, 1A Seccão Criminal, Portugal [2017] EWHC 3237 (Admin)

The judgment, available here, was handed down by Lord Justice Beatson on 12.12.17.

This was an appeal against an extradition order on the grounds that the prison conditions where the appellant was likely to be detained were not compatible with his article 3 ECHR rights. The appeal succeeded in part on the basis that the evidence before the court gave rise to real concerns that detention in that particular prison in Lisbon may infringe the appellant’s article 3 rights. Accordingly, the court requested further information from the judicial authority in Portugal before the appeal continues.

 

General News

Amber Rudd announces new national economic crime centre for UK

 

Scotland Yard carry out urgent review after rape trial collapses

 

MoJ rejects calls for ban on revealing complainants’ sexual history in rape cases

 

Number of children penalised for knife possession rises 16%

 

British soldiers breached Geneva convention in Iraq

 

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