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01 June 2018 / Simon Parsons
Issue: 7795 / Categories: Features , Brexit , Human rights
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The Brexit effect

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​Simon Parsons considers the future of human rights after Brexit

There are three current sources of human rights in the UK, the European Convention on Human Rights (the Convention), the Charter of Fundamental Rights (the Charter) and the common law. How will these three sources be affected by Brexit?

The Convention will be unaffected by Brexit because it is administered by the Council of Europe which is separate from the EU. There is also the European Court of Human Rights which decides whether the Convention has been breached. Before 2 October 2000 decisions of the Strasbourg court were only persuasive in UK domestic courts but the Convention was and remains binding on the UK in international law. If UK law is found in breach of the Convention the government is under an obligation under Article 46 to put things right. But politics can get in the way: consider the dragging of feet by consecutive governments after Hirst v UK (No 2) [2005] ECHR 681 where Strasbourg ruled a blanket ban on British prisoners exercising

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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