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

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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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