header-logo header-logo

14 February 2008
Issue: 7308 / Categories: Features , Human rights , Disciplinary&grievance procedures , Employment
printer mail-detail

A military lottery

The ECtHR ruling in Boyle calls into question the rules surrounding pre-trial detention, say Tim Lawson-Cruttenden and Lacie Kerner

The European Court of Human Rights (ECtHR) gave its judgment in January in Boyle v (App No 55434/00) [2008] All ER (D) 02 (Jan). The case was in relation to a British Army soldier serving as a gunner with the 12th Regiment Royal Artillery stationed in . The applicant was arrested following an allegation of rape in 1999 and was subsequently charged by his commanding officer (CO) with indecent assault under the Army Act 1955 (AA 1955), s 70. Following the charge, the applicant’s CO ordered detention under close arrest pending trial. The applicant argued in the ECtHR that by placing him under close arrest the CO had infringed his right under Art 5 (right to liberty and security of person) of the European Convention on Human Rights (the Convention) on the basis that a CO does not constitute an “officer authorised by law to exercise judicial power” and that his

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

Ellisons—Chris Burnett

Ellisons—Chris Burnett

Patent attorney joins Ellisons to strengthen intellectual property offering

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll