Human rights

first_imgLiberty – Detention – Sentence of imprisonment for public protection Following the dismissal of their appeals before the House of Lords (see[2009] 4 All ER 255), three linked cases, in which the offenders had been sentenced to indeterminate sentences of imprisonment for public protection (IPP) under section 225 of the Criminal Justice Act 2003 with minimum terms or tariff periods of less than five years, were heard together before the European Court of Human Rights because they raised a similar issue of whether the applicants’ detention following the expiry of their tariff periods had breached their right to liberty as guaranteed under article 5(1) of the European Convention on Human Rights. As well as contending that article 5(1) had been breached, the applicants also sought just satisfaction for non-pecuniary loss under article 41 of the convention. The issue for determination was whether there had been a violation of article 5(1) of the convention in respect of the applicants’ detention following the expiry of their tariff periods. An issue arose as to whether one of the purposes of the applicants’ detention was their rehabilitation, particularly in the light of the fact that, by virtue of section 142 of the 2003 act, the sentencing objectives were disapplied in the case of sentences for IPP. Consideration was given to the delay in determining whether it had been safe to release the applicants and to reports on the impact on the applicants of the unavailability of treatment courses due to their detention at local prisons following the expiration of their tariff. The court ruled: (1) The object and purpose of article 5(1) was to ensure that no one was dispossessed of his liberty in an arbitrary fashion. The right of liberty was of fundamental importance. In order to assess whether an applicant’s detention post-tariff was arbitrary, the court had to have regard to the detention as a whole. While case law demonstrated that indeterminate detention for the public protection could be justified under article 5(1), it could not be allowed to open the door to arbitrary detention. For a deprivation of liberty not to be arbitrary there had to be some relationship between the ground of permitted deprivation of liberty relied on and the place and conditions of detention. The requirement that detention not be arbitrary implied the need for a relationship of proportionality between the ground of detention relied upon and the detention in question. Where a government sought to rely solely on the risk posed by offenders to the public in order to justify their continued detention, regard had to be had to the need to encourage the rehabilitation of those offenders. In cases concerning indeterminate sentences of imprisonment for the protection of the public, a real opportunity for rehabilitation was a necessary element of any part of the detention which was to be justified solely by reference to public protection. Accordingly, one of the purposes of the applicants’ detention had been their rehabilitation. While article 5(1) did not impose any absolute requirement for prisoners to have immediate access to all courses they might require, any restrictions or delays encountered as a result of resource considerations had to be reasonable in all the circumstances of the case, bearing in mind that whether a particular course was made available to a particular prisoner depended entirely on the actions of the authorities (see [187], [194], [195], [201], [209], [218] of the judgment). In the instant case, where the government had sought to rely solely on the risk posed by offenders to the public in order to justify their continued detention, it had been required to provide the applicants with reasonable opportunities to undertake courses aimed at helping them to address their offending behaviour and the risks they posed. It was significant that substantial periods of time had passed in respect of each of the applicants before they had even begun to make any progress in their sentences. It was clear that the delays were the result of a lack of resources, and it was significant that the inadequate resources at issue in the instant case appeared to be the consequence of the introduction of draconian measures for indeterminate detention without the necessary planning and without realistic consideration of the impact of the measures. Further, the length of the delays in the applicants’ cases had been considerable. It followed, in those circumstances, that there had been a violation of article 5(1) of the convention in respect of the applicants’ detention following the expiry of their tariff periods, and until steps were taken to progress them through the prison system with a view to providing them with access to appropriate rehabilitative courses (see [218], [220]-[222] of the judgment). A declaration would be made that there had been a violation of article 5(1) of the convention in respect of the applicants’ detention following the expiry of their tariff periods and until steps were taken to progress them through the prison system with a view to providing them with access to appropriate rehabilitative courses (see [250] of the judgment). Lawless v Ireland (No 3) (application 332/57) 1 EHRR 15 considered; Winterwerp v Netherlands (application 6301/73) 2 EHRR 387 considered; Guzzardi v Italy (application 7367/76) 3 EHRR 333 considered; Bouamar v Belgium (application 9106/80) [1988] ECHR 9106/80 considered; Saadi v United Kingdom (Application No 13229/03) [2008] ECHR 13229/03 considered. (2) Making an assessment on an equitable basis, the applicants would be awarded €3,000 (in the case of J); €6,200 (in the case of W); and €8,000 (in the case of L) in respect of non-pecuniary damage (see [250] of the judgment). James and others v United Kingdom (app nos 25119/09, 57715/09 and 57877/09): European Court of Human Rights (Judges Lech Garlicki (president), David Thór Björgvinsson, Nicolas Bratza, George Nicolaou, Zdravka Kalaydjieva, Nebojša Vucinic, Vincent De Gaetano): 18 September 2012center_img Join our LinkedIn Human Rights sub-grouplast_img read more

Kay doubles down Friday at Farley

first_imgBy Jerry MackeyFARLEY, Iowa (July 7) – A big crowd turned out Friday as Farley Speedway hosted Driver/Fan Appreciation night.Justin Kay scored his third clean sweep of the season at the Farley Speedway Promotions tracks by winning both the Out-Pace Racing Products IMCA Late Model Feature and the GSI Collision Specialists IMCA Modified main event.Kay overtook early leader Nick Marolf and set sail to score an impressive 25-lap Late Model fea­ture win. Kay raced with Tyler Bruening for much of the main event before opening a late ad­vantage of approximately 10 car lengths. Bruening took second ahead of Dan Shelliam.Kay’s win in the Modified feature was certainly not easy as he was challenged throughout the 20-lap feature. Kay passed early leader Mitch Manternach on lap eight and then had to fight off the late-race challenges of Mark Schulte to score the win.Troy Bauer was the class of the GSI Collision Specialists IMCA Northern SportMod field. Bauer had the field brought to his rear bumper following a late caution. The restart set up a challenge for Bauer as Tyler Soppe lined up right behind the leader’s 9K car, but Bauer was up to the challenge and went on to score an impressive win.The Bakey Seamless Gutters ICA Stock Cars had the fans on the edge of their seats with a spir­ited three-wide battle for the lead lap after lap. Greg Gill, Phil Holtz and Johnny Spaw raced around the smooth, very fast oval with none of three able to gain an advantage. The checkers flew with Gill scoring the win over Holtz and Spaw.last_img read more

Ravens report card: 10/26/2017

first_imgThe Baltimore Ravens beat the Miami Dolphins 40 to 0. The Ravens lost quarterback Joe Flacco in the first half after taking a dirty hit on a slide. Still the Ravens defense scored two touchdowns and the entire team played great.Quarterbacks: It is rare that I get to talk about two quarterbacks in a report card. Ryan Mallett and Joe Flacco both played well but Flacco was better. Flacco was 10 for 15 for 101 yards and a touchdown and a 107.9 quarterback rating. Flacco’s touchdown pass to Jeremy Maclin was a thing of beauty. Mallett also had a touchdown pass. Grade ARunningbacks: Alex Collins had his first 100 plus yard rushing day and averaged 6.3 yards per carry. Collins continues to impress and his Irish Dancing was the talk of the broadcast booth. Collins also had 30 yards receiving. Buck Allen also played well and had 55 rushing yards. Grade B+Receivers: The Ravens got Maclin back and he showed how important he is to the Ravens. Maclin had a huge 34-yard touchdown reception early in the game to set the tone of the game. Ben Watson added a touchdown pass and Nick Boyle had some good receptions as well. The Ravens did not have costly drops this game but Breshad Perriman still went without a reception. In fact, Maclin was the only wide receiver with a reception. Grade BOffensive line: Ryan Jensen showed he is a great teammate when he stood up for Flacco. The Ravens line played much better than it has in past weeks. The Ravens did not allow a sack in the game. Grade B+Defensive line: The defensive line has been allowing a lot of yards on the ground but that changed this game. The Ravens only allowed 55 total rushing yards. The Ravens also had three sacks of Dolphins quarterback Matt Moore. Grade ALinebackers: C.J. Mosley had an amazing pick six to really finish the game up for the Ravens. The linebackers were solid. Grade ASecondary: Jimmy Smith had a pick six late in the game to add to the Ravens lead. The secondary was awesome in this game. Brandon Carr lead the Ravens in tackles with seven. Grade ASpecial Teams:  Justin Tucker was two for three on field goals.  The Ravens covered the punts much better.  Grade BCoaching staff:  The Ravens were hyped up and ready to win.  All units played great and even survived losing their franchise quarterback.  Grade AOverall: Great team win, hopefully the Ravens can use this momentum to out together a winning streak.  Please follow and like us:last_img read more

Some may need help

first_imgALL Victorians should be prepared and ready to act if bushfire threatens. But some people may need help to prepare…[To read the rest of this story Subscribe or Login to the Gazette Access Pass] Thanks for reading the Pakenham Berwick Gazette. Subscribe or Login to read the rest of this content with the Gazette Digital Access Pass subscription.last_img

Car arson: cops seek for owner, culprits

first_imgBy ANEEKA SIMONIS FIREFIGHTERS were unable to salvage a suspected stolen car found in flames in Cardinia last week. Police…[To read the rest of this story Subscribe or Login to the Gazette Access Pass] Thanks for reading the Pakenham Berwick Gazette. Subscribe or Login to read the rest of this content with the Gazette Digital Access Pass subscription.last_img

No lights at .20

first_imgAn Officer man has lost his licence for 12 months, after allegedly driving at more than four times the legal…[To read the rest of this story Subscribe or Login to the Gazette Access Pass] Thanks for reading the Pakenham Berwick Gazette. Subscribe or Login to read the rest of this content with the Gazette Digital Access Pass subscription.last_img

Nitehawks halt Leafs five-game winning streak

first_imgIt was the first goal Williams had allowed in four games.McBean, with is second of the night, completed the scoring in the third period for the Hawks, now winners of four straight.The loss snapped a five-game winning streak for the Leafs and drops Nelson into a first-place tie with Castlegar Rebels.The Rebels defeated Grand Forks Border Bruins in the Boundary City Friday night.Nelson, leading Beaver Valley by 10 points in Murdoch standings, out shot the Hawks 31-25.The Leafs, dropping to 26-7-1-0-2, now host Grand Forks Friday before traveling to Beaver Valley to continue a game Sunday that was postponed December 29th due to a power failure at the Fruitvale Arena. Not so fast Nelson Leafs.The Beaver Valley Nitehawks registered a statement win Friday against Murdoch rival Nelson Leafs as all teams began the stretch run to the end of the Kootenay International Junior Hockey League season.The defending KIJHL Champs scored twice in the second period to dump the Nelson Leafs 4-1 in KIJHL action at the NDCC Arena.Kevan McBean, netting the winner on the power play, and Aiden Browell, scored in the second period to snap a 1-1 tie and send the Hawks en route to the victory.Sawyer Hunt had given the Leafs a 1-0 lead in the first period.However, the Leafs were unable to get out of the frame with the lead as Karsten Jang beat Josh Williams in the Leaf nets with just over two minutes remaining in the period.last_img read more

Galway Hurlers Win Bord Na Mona Walsh Cup

first_imgGalway’s Senior Hurlers play Laois in the opening round of the Allianz National Hurling League next Sunday in Pearse Stadium at 12.30. Galway’s Senior hurlers can look to the start of the national league with optimism following their 1-23 to 0-20 over Wexford in the Walsh Cup Final played yesterday in Enniscorthy. print WhatsApp Facebook Twitter Email Galway’s Conor Cooney with Diarmuid O’Keeffe of Wexford (Image: ©INPHO/Tommy Dickson) Sean also spoke to Galway Captain on the day, Padraig MannionAudio Playerhttps://galwaybayfmsports.podbean.com/mf/play/f88bfv/PADRAIG_MANNION_POST_WEXFORD.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.center_img Joe Canning led the scoring with 13-points with Aidan Harte scoring the Tribesmen’s goal. Sean Walsh reportsAudio Playerhttps://galwaybayfmsports.podbean.com/mf/play/2bpp6u/WALSH_CUP_FINAL_FT.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. After the game, Sean spoke to Galway manager Micheal DonoghueAudio Playerhttps://galwaybayfmsports.podbean.com/mf/play/u3xcxi/MICHEAL_DONOGHUE_POST_WEXFORD.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.last_img read more

National Go Games Week Is Launched In Croke Park

first_imgUachtarán CLG, John Horan, is delighted that the GAA, LGFA, and CamogieAssociations are working closely together to promote Go Games throughoutIreland. “The aim of Go Gamesis that every girl and boy between the ages of 6 and 11 will have positiveintroduction to Gaelic games. It is vital that three Associations are workingclosely together to make this a reality and, thankfully, this is the case. Themagnitude of National Go Games Week is testament to this.”Ladies GaelicFootball Association President Marie Hickey commented: “We were delighted towelcome 62 clubs, representing 31 counties, to Croke Park on Monday, April 15.“Each year, the LGFAis assigned one day at Croke Park and in 2019, we ran an Under-10 Go GamesBlitz.“Go Games blitzeswere held across the country in March, with all participating teams enteredinto a draw to make it to Croke Park.-2-“The players andmentors from each of the lucky clubs had the experience of a lifetime when theylined out at Croke Park.”Uachtarán an CumannCamógaíochta Kathleen Woods said: “These eight days of Go Games are a fantasticoccasion for boys and girls from across the country to experience playing onthe hallowed turf of Croke Park and also to take part in blitzes throughout thecountry. These are the future stars of our games and this experience caninspire lifelong journeys in our games.”Pat Culhane, GAANational Games Development Officer, noted that “57,000 children participated inNational Go Games Week last year and we are hoping for even bigger numbers thisyear.”Encouraged by theresponse of clubs and primary schools in Ireland, Culhane is adamant about therelevance of the Go Games initiative.“The GAA, LGFA andCamogie Association are making a massive effort to re-energise the whole GoGames initiative this year. Go Games are hurling/camogie and Gaelic footballfor children up to 11 years of age – there are no other types. It is nationalpolicy of each Association. The “Go” means that every boy and girl should getan opportunity to play in every game, for the whole game. The emphasis is onparticipation, taking precedence over performance and winning. One in threechildren aged 6 to 11 play Go Games every year in Ireland. It is a giganticsocial movement, which aims to maximise participation, fun, friendship, fairplay and sense of achievement for all. This cannot be achieved by childrensitting on sidelines.”Social Media:#GAAGoGamesprint WhatsApp Facebook Twitter Email National Go GamesWeek should see 60,000 children getting an opportunity to play in blitzes ineach of the 32 counties during the school Easter holidays to mark the start ofthe 2019 Go Games playing season. Also, 8,000 children will play in Croke Parkover an action-packed eight days.last_img read more

Spanish cable operator ONOs TiVo offering has now

first_imgSpanish cable operator ONO’s TiVo offering has now surpassed 150,000 customers, according to company stats. The news marks a big increase in uptake in recent months, with the firm reporting last month it had close to 100,000 TiVo customers at the end of 2012, or 11% of its TV user base.Ono said the new TiVo milestone was down to investment by the firm, which has now made the service available across its entire fibre network, starting at just €5 per month.“Our goal is to continue expanding the number of users and continue working on new products,” said Guillermo Mercader, director general of ONO residential, adding that future updates will make the most of Ono’s fibre optic network.last_img read more