Edit: The interplay between the Charter and the Major Crime (Investigative Powers) Act 2004 was again explored in BCD v The Chief Examiner & Anor [2012] VSC 193.The applicant alleged inconsistency with Charter rights and repugnancy with the essential characteristics of a court under Ch III of the Constitution. BCD submitted that 2008 amendments to …
Continue reading Investigative Powers v Charter of Human Rights
When I was writing my post on the recent Canadian human rights judgment of R v Grant, I came across The Canadian Charter of Rights Decisions Digest.Given the similarities between our Charter and Canada's, this is probably a good resource to add to your bookmarks.
slaw.ca blog today published a post, SCC decision in R. v. Grant: Do the ends justify the means?, commenting on a new judgment from the Supreme Court of Canada dealing with human rights, police questioning, search and seizure, and exclusion or reception of evidence.R v Grant, 2009 SCC 32 dealt with a common occurrence in …
Continue reading Incidental detention from police encounters
The House of Lords yesterday delivered its decision in Attorney-General's Reference No 3 of 1999 [2009] UKHL 34.The case dealt with an application by the BBC to broadcast a programme identifying an accused person acquitted of criminal charges that might be subject to re-trial. (The UK introduced provisions a few years ago in Part 10 …
Continue reading Freedom of expression triumphs over anonymity
The Criminal Bar Association sent an email about two weeks ago to its members from barrister Michael Croucher. He discussed an application for leave to appeal to the Court of Appeal by Vera Momcilovic against her conviction and sentence. The application is listed for 22 and 23 July.The outcome could have a significant effect in …
Continue reading Human rights might alter burdens for deemed possession