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17 April 2008 / Cathryn Mcgahey
Issue: 7317 / Categories: Features , Public , Human rights , Constitutional law
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Jury out on Terror Bill

Will proposals regarding inquests in the Counter-Terrorism Bill breach human rights laws? Cathryn McGahey and Bilal Rawat investigate

In April 2005, just 11 weeks before the death of Jean Charles de Menezes, 24-year-old Londoner Azelle Rodney was shot and killed by an armed police officer. The Independent Police Complaints Commission (IPCC) subsequently referred the matter to the Crown Prosecution Service (CPS). In July 2006, the CPS announced that no police officers would face prosecution in relation to the death of Rodney.

Article 2 of the European Convention on Human Rights (the Conventioni) imposes an obligation on the state to conduct an effective investigation into a death caused by one of its agents. To comply with Art 2, any investigation must be independent and effective, must contain a sufficient element of public scrutiny to allow accountability and must allow the next-of-kin to participate to the extent necessary to safeguard his or her interests. A coroner's inquest is one forum in which the state may discharge its investigatory obligation under Art 2.

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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