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Jailing of Welsh Pensioners Revealed (Brian and Patricia Davies)

This is a story that resulted from a hearing in Court 45 at the RCJ (Royal Courts of Justice) yesterday. These are the sorts of imprisonments that have tended not to be revealed by the system, but are now more likely to be revealed. There was, in fact, one similar to this which was revealed earlier this year. However, it does appear that the judges are now starting to follow the rules which has to be positive.

As to the underlying case it depends in part on how frail the pensioners are as to whether this is or is not an appropriate action to take. I was contacted recently by someone representing a group of people who have left the country to get away from the biased procedures (Lashin v Russia) that operate in England and Wales. I hope to see this reported in some way (even if it is only on my web log) in the future.

I am not sure myself whether this will produce the result that the system is trying to get. However, it is only when there is a pattern of such cases that it becomes possible to judge independently what works and what doesn't. (Notwithstanding the issue as to whether this is proportionate).

Comments

Jerry said…
John, Did you catch the EctHR ruling this week on Deprivation of Liberty,

It has made profound changes to Dols,

http://www.bailii.org/eu/cases/ECHR/2013/1008.html

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R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

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