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05 February 2009
Issue: 7355 / Categories: Opinion , EU , Human rights
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Whose right is it anyway?

The ECtHR further concluded that the retention: “constitutes a disproportionate The ECtHR has struck a blow against the UK’s plans for DNA retention. Adam Jackson reports

On 4 December 2008, the grand chamber of the European Court of Human Rights (ECtHR) handed down a judgment in the case of S and Marper v the United Kingdom, S and another v The United Kingdom (App. Nos. 30562/04 and 30566/04) [2008] All ER (D) 56 (Dec). The court was asked to consider whether certain of the UK’s statutory provisions permitting the retention of fingerprints and DNA invoked Art 8 of the European Convention on Human Rights (the Convention) and if so whether a breach of Art 8 had in fact occurred in the cases of the applicants, S and Marper.

The challenges arose following the disposal of criminal charges against the applicants. S, an 11-year-old boy at the time of his arrest, was acquitted following trial for attempted robbery and Marper who had been charged with harassment against his partner had the charges against him discontinued

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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