Other International Provisions: European Convention on Human Rights, Article 8 (Right to private life) 9th, 11th, and 12th March. The Lord Advocates Office on behalf of the Royal Mail. 0 His DDA claim failed on the grounds that the stammer did not have a … The owners of the fields sought compensation. The House of Lords held that destruction was lawful, however, compensation would be awarded. Columbia Global Freedom of Expression seeks to advance understanding of the international and national norms and institutions that best protect the free flow of information and expression in an inter-connected global community with major common challenges to address. A summary of the case relating to the Convention on the Rights of the Child cited in this decision, ZH v. Secretary of State, is available at http://www.crin.org/Law/instrument.asp?InstID=1520. BH (AP) (Appellant) and another v The Lord Advocate and another (Respondents) (Scotland) Judgment date. James Wolffe became an advocate in 1992. He is a member of the government but need not be a Member of Parliament. S v The Lord Advocate. http://www.bailii.org/scot/cases/ScotHC/2011/2011HCJAC77.html. The public interest in extradition for such a serious crime outweighed Mr. and Mrs. H's right to private life. PREROGATIVE POWERS – EXECUTIVE. endstream endobj 15 0 obj <> endobj 16 0 obj <> endobj 17 0 obj <>stream Famous quotes containing the words advocate, hughes and/or lord: “ We hope the day will soon come when every girl will be a member of a great Union of Unmarried Women, pledged to refuse an offer of marriage from any man who is not an advocate of their emancipation. I like drugs, I like the whole lifestyle, but it just didn’t pay off. Decided On, 21 April 1964. Baroness Hale also noted that the spirit, if not the precise language, of the UNCRC had also been translated into our national law in a wide range of contexts, including the law relating to immigration and asylum. The women's reason for the offence was that they were protecting the lives of innocent people as the submarine was to be used for genocide. He was told that he was entitled to have a solicitor informed of his detention but he did not […] All prosecutions run in his name, and he represents many government departments in Scotland. Submitted by crinadmin on Tue, 11/12/2012 - 16:35, BH, KAS or H v. The Lord Advocate, The Scottish Ministers, Appeal Court of Scotland, High Court of Justiciary, European Convention on Human Rights, Article 8 (Right to private life) The intention that extradition should operate speedily and simply is reflected in the timetables laid down in the 2003 Act. Burma Oil Company v Lord Advocate [1965] AC 75. Lord Advocate. The claimant, Burmah Oil Company, brought proceedings against the UK government (who were represented in the case by the Lord Advocate) seeking compensation for the destruction of oil fields in Burma by British forces in 1942 (during the Second World War). Hughes, a young boy. As part of its analysis, the Court examined a prior case that had considered the CRC when cancelling the deportation of a parent, but found that case not to be directly relevant given the criminal charges pending against Mr. and Mrs. H. Excerpts citing CRC and other relevant human rights instruments: [79] Although many authorities were cited in the course of the present proceedings, the only other case which it is necessary to consider in detail is the decision of the Supreme Court in ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148. %PDF-1.5 %���� CRIN does not accredit or validate any of the organisations listed in our directory. Hughes v Lord Advocate, [1963] AC 837. P783/10. House of Lords. In particular, the Strasbourg court had referred to the United Nations Convention on the Rights of the Child ("UNCRC") in order to inform its interpretation of Article 8 [of the European Convention on Human Rights], for example in the Grand Chamber judgment in Neulinger and Shuruk v Switzerland, 6 July 2010, which concerned international child abduction. But where the Trustees of a public […] This case summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice. The Advocate General for Scotland is one of the Law Officers of the Crown, who advise the government on Scots law. CRC Provisions: Article 3: Best interests of the child. The Court found that, although the children's lives would be disrupted, Mr. and Mrs. H must nonetheless be extradited to face charges in the United States. 45 0 obj <>stream en He was Solicitor General for Scotland from March to October 1947, when he was appointed Lord Advocate. PETITION OF N J AND E H v. THE LORD ADVOCATE AND OTHERS FOR JUDICIAL REVIEW. Case ID. Extradition. h�b```f``r``a`��fd@ A�r���na``\}������G�P���D(shm�N��hܔ��.�=�/*l��rf��@��;�����s&�Ϩ ` Y�� It is also influential in the English law of tort. The lord advocate also serves as Scotland’s public prosecutor. Judges. In the Lord Advocate's Reference [2000], three women vandalized a Trident Submarine installation. The Lord Advocate chooses new judges, suggests new laws, and decides whether or not a law needs to be changed Both are appointed by the British monarch on the recommendation of the first… Extradition is itself the subject of an extensive body of international law. 13th June 2019 13th January 2007 by Allan Tyrer. Provided that the decision-maker did not treat any other consideration as inherently more significant than the best interests of the children, it could conclude that the strength of the other considerations outweighed them. A lawyer with a stammer was turned down for a job. The approach of the Strasbourg court was stated in King v United Kingdom in the following terms: "Mindful of the importance of extradition arrangements between States in the fight against crime (and in particular crime with an international or cross-border dimension), the Court considers that it will only be in exceptional circumstances that an applicant's private or family life in a Contracting State will outweigh the legitimate aim pursued by his or her extradition.". It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. Since there was in that context a statutory duty to have regard to the need to safeguard and promote the welfare of children when taking decisions about deportation or removal, it followed that any decision taken without regard to that need would not be "in accordance with the law" for the purpose of Article 8(2). Date: July 29, 2011. The appellants wished to resist their extradition to the US to face criminal charges for drugs. As such, the Court should have seriously considered the negative effects that sending a parent or care-giver to face charges abroad would have on his or her children before concluding that extradition would be necessary in the public interest. In reaching this decision, the Court noted that extradition should be granted where it is necessary for the prevention of disorder or crime, and that only in exceptional circumstances would an accused’s right to private life outweigh the legitimate aim of their extradition. Lord Advocate: the senior law officer for Scotland. add example. The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team. Oil fields were destroyed during the second World War by Great Britain. Court: Appeal Court of Scotland, High Court of Justiciary. Rape is regarded as an aggravated assault, of which the achievement of sexual intercourse is the worst aggravating feature. The man hole had been left by workmen taking a break. BH, KAS or H v. The Lord Advocate, The Scottish Ministers. That case concerned a deportation decision, the practical effect of which was that the children of the person to be deported, who were United Kingdom citizens, would also have to leave the UK. Further, the Strasbourg court would expect national authorities to apply Article 3(1) of the UNCRC, which requires that "in all actions concerning children...the best interests of the child shall be a primary consideration". Copyright © 2019 Child Rights International Network. This case concerned the destruction of oil fields in Burma by British forces during the Second World War. Since there is a strong public interest in the comprehensive application of extradition treaties, and it is inherent in extradition that it is almost certain to involve an interference with family life, it follows that the approach adopted to Article 8 rights in extradition cases must be radically different from that adopted in deportation or expulsion cases. Justices. MacCormick v Lord Advocate (1953 SC 396) is a case on constitutional law decided in the Court of Session, initially in the Outer House, then appealed to the Inner House. Burmah Oil v Lord Advocate (1965) AC 75. Hughes v Lord Advocate [1963] AC 837. The immigration authorities were therefore obliged to treat the best interests of the children as a primary consideration. Under Article 3 of the Convention, children's best interests must be a primary consideration in any proceedings that involve them, and extradition proceedings are no exception. References: 1989 SLT 469 Judges: Lord Emslie This case is cited by: Followed – Regina v R HL 23-Oct-1991 de Von März bis Oktober 1947 war er Solicitor General for Scotland und wurde dann zum Lord Advocate ernannt. endstream endobj startxref Hughes v Lord Advocate [1963] AC 837 House of Lords Two boys aged 8 and 10 went exploring an unattended man hole. Remoteness of damage in tort law; that the kind of damage must be foreseeable, rather than the specific damage that actually occurred. %%EOF Respondent. Mr. and Mrs. H opposed the extradition on numerous grounds, including that their family life would be severely disrupted given that they together cared for Mrs. H's six children. CRIN believes this decision is inconsistent with the CRC. They caused eighty thousand pounds worth of damage and were charged with criminal damage and theft. 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