lecture 12 - prisoner's legal rights

Question 1

what principle links into prisoners retaining fundamental human rights

Answer 1

the minimum interference principle

Question 2

prisoner rights stem from what?

the ECHR allows what level of judicial interpretation?

Answer 2

ECHR 1950
european court of human rights

potential for national level judicial interpretation

Question 3

selected sources and arbiter of rights as signatory to ECHR

Answer 3

• european convention of human rights 1950
• european court of human rights

Question 4

the european court of human rights allows margin of what for domestic courts in relation to sources and arbiter of rights

Answer 4

margin of appreciation
- the exact requirements may be a decision for domestic courts

Question 5

4 selected sources and arbiters of rights for domestic law

Answer 5

• prison act 1952 and prison rules 1999
• human rights act 1998
• appellate courts

Question 6

Prisoners personal liberty is restricted by what?

Answer 6

custodial sentence

Question 7

however administrative rights are restricted by what?

Answer 7

restricted purely by the prison service,

not as an inevitable consequence of sentence per se

Question 8

what does raymond v honey 1983 state

a convicted prisoner in spite of his imprisonment retains…

Answer 8

a convicted prisoner in spite of his imprisonment retains all civil rights which are not taken away expressly or by necessary implication

Question 9

what is the minimum interference principle for convicted prisoners
doctrine of proportionality

Answer 9

-restrictions must be the minimum necessary for the interests of the regulations of prisons
- operational judgement for prisoner service, not judiciary
- decisions are made on a case-by-case basis

Question 10

which rights are absolute

Answer 10

article 2
article 3
article 7

Question 11

which rights are limited

Answer 11

article 5
article 6

Question 12

which rights are qualified

Answer 12

article 8
article 12

Question 13

what is protocol 6

Answer 13

prohibition of death penalty use

Question 14

what does mcann and others uk 1995 say

Answer 14

must be reasonable force

Question 15

mandatory lifers have what tariff?

Answer 15

right to know tariff, reasons for it, and any departure by home secretary

Question 16

the tariff setting is what type of function?

Answer 16

judicial, NOT executive, function

Question 17

whole life tariff is not retrospective under the terms of what act

Answer 17

murder act 1965 s 1(2)

Question 18

is providing no grounds for hope of release humane or inhumane

Answer 18

it is not inhumane

Question 19

what articles apply to lifers

Answer 19

3
5
6
7

Question 20

imprisonment represents a justifiable interference with articles 8 and 12 regarding what with lifers

Answer 20

the conception of child
- lifer has no right to artificial insemination to conceive with partner

Question 21

the inability to reproduce is not a what consequence

Answer 21

not an inevitable and neccesary consequence of imprisonment

Question 22

public confidence in prison system or offence to public opinion is not more important than what?
but if falls within what margin?

Answer 22

not more important than goal of offender rehabilitation
but this falls within margin of appreciation so remains discretionary

Question 23

what is there no article 8 duty for

Answer 23

to make provisions to provide private visits

Question 24

what is the right to vote article 3 protocol 1 echr

Answer 24

the right to hold free elections at reasonable intervals by secret ballot,
under condition which ensure the free expression of opinion of the people in the choice of legislature

Question 25

post tariff discretionary lifers are not permitted to do what

Answer 25

not permitted to vote

Question 26

post tariff discretionary lifers can vote if what happens

Answer 26

if released on licence
or unconvicted
or if on remand

Question 27

prisoners cannot stand for election as MP since when

Answer 27

since 1983

Question 28

what is the government position on the prisoners not being allowed to vote for

Answer 28

necessary for
- punishment of offenders
- to enhance civic responsibility
- respect for the rule of law

Question 29

hirst v uk 2005 argued there is no clear logical link between….

Answer 29

• no clear logical link between loss of vote and the imposition of a prison sentence

Question 30

what did not fall within the margin of appreciation in hirst v uk 2005

Answer 30

• an absolute bar on voting by any serving prisoner in any circumstances did not flal within the margin of appreciation

Question 31

stripping the right to vote from large numbers of people in a manner…

Answer 31

which was indiscriminate and timing is arbitrary

Question 32

which prisoners does the administrative amendment for the right to vote apply to

Answer 32

for those released on temporary licence

Question 33

what act allowed postal voting for home constituency

Answer 33

electoral amendment act 2006

Question 34

why was there a low turnout for postal voting

Answer 34

• concerns about privacy and identification as postal voters
• requirement to have home address problematic
• prisoner lacks of political engagement

Question 35

what % of prisoners in canada used postal voting

Answer 35

51%

Question 36

theres a no blanket ban in how many western european countries

Answer 36

18

Question 37

when was no blanket ban introduced in scotland

Answer 37

2019

Question 38

how doesthe prisoners retainment of rights and the ECtHR help them?

Answer 38

prisoners rights and their protection through the ECtHR can IMPROVE PRISON conditions and penal legitimacy

Question 39

what does the margin of appreciation mean for different european countries

Answer 39

• means different european countries may interpret generic principles differently