Flashcards in Human Rights and Contempt of Court Deck (33)
Are UK Courts bound by the ECtHR?
No, but judgements are highly persuasive
For an individual to petition the ECtHR what must have happened?
1. All UK routes must have been exhausted
2. Cases must be brought within 6 months of the Supreme Court decision
Is the right to life absolute or qualified? What Article?
Absolute. Article 2
Is the right to freedom from torture absolute or qualified? Which Article?
Absolute. Article 3
Is the right to freedom from slavery absolute or qualified?
Absolute. Article 4
Is the right to a Fair Trial absolute or qualified? Which article?
Absolute. Article 6
Is the right to freedom of thought absolute or qualified?
Absolute. Article 9
Is right to respect for private and family life absolute or qualified? Which article?
Qualified. Article 8
Is the right to freedom of assembly and association absolute or qualified? Which article?
Qualified. Article 11
Is the right to freedom of expression absolute or qualified? Which article?
Qualified. Article 10
What are the three conditions for a qualification of a right to be applied lawfully?
1. The qualification must be prescribed by law
2. The qualification must be necessary in a democratic society
3. The qualification must have a legitimate aim
What are the three subparts of "necessary in a democratic society"
1. Pressing social need
2. Margin of appreciation for what the state needs to do (presumed state is right)
3. Infringement of a convention right must be proportionate
What is the test in Daly?
The proportionality test.
1. The legislative objective must be sufficiently important to justify limiting a right
2. The measures must be designed to meet the object rationally
3. The means used to impair the right should go no further than is necessary
What can the UK Supreme Court do to a UK statute?
Make "declaration of incompatibility".
What does the s6 HRA 1998 do?
Allow any ECHR article to be used as a ground of challenge for judicial review
Which section of which act allows any ECHR article to be used as a ground of challenge for judicial review
s6 HRA 1998
Which article guarantees a "private, family, home life" as well as correspondence?
What does the Huang case say about proportionality?
The interests of wider society should be balanced against the interests of an individual
What happened in the case of R (Countryside Alliance) v Attorney General?
It was held that article 8 did not protect the right to hunt foxes
What happened in Peck v UK?
An attempted suicide was broadcast on national TV in connection with a crime. It was held that the broadcast footage interfered with the right to a private life
What happened in S and Marper v UK?
It was held that DNA data being held infringed the right to privacy under article 8
Campbell v MGM. What happened?
Lady Hale ruled that the deciding factor in balancing articles 8 and 10 was whether someone had a "reasonable expectation of privacy"
Von Hannover v Germany
The ECtHR gave more weight to article 8 than the HoL as they allowed a claim by Princes Caroline that photos of her shopping, skiing and horseriding breached her privacy
Murray v Express Newspapers
It was decided that pictures of JK Rowling's son did engage Article 8 over Article 10 as a child was involved
Mosely v NGN
It was held that although the public were interested in Mosely's sadomasochistic orgy, because there was no public interest in the outcome it was not reasonable to limit article 8
What Tort must claims for privacy be brought under?
Breach of confidence
What does s1 of the Contempt of Court Act 1981 say?
Conduct which tends to interfere with the course of justice in a particular legal proceeding is contempt of court, regardless of whether it was intended to do so
Conduct which tends to interfere with the course of justice in a particular legal proceeding is contempt of court, regardless of whether it was intended to do so. Which Act?
s1 of the Contempt of Court Act
Is liability strict in contempt of court cases?
Can a newspaper reporting facts breach the CCA
Yes,if the reporting "tends to prejudice" a jury
What is the ratio in A-G v News Group?
The conduct must create a "substantial risk of serious prejudice"
When does s1 of the CCA 1981 apply when communicating?
It only applies to communications addressed to the public at large or a large section of the public