tag:blogger.com,1999:blog-25003000.post2773284221232321891..comments2014-10-20T06:43:21.642+01:00Comments on call it justice: licence to stealcall it justicehttp://www.blogger.com/profile/09863682494068974977noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-25003000.post-17846320841706272772011-07-06T15:24:35.236+01:002011-07-06T15:24:35.236+01:00What you say, Bagpuss, is very interesting and cor...What you say, Bagpuss, is very interesting and correct in that the original court should have said clearly that they had taken into account Article 8 when sentencing.<br /><br />But I would still say that, despite that, the appeal court judges should not have applied Article 8 because the prison sentence was in accordance with the law and necessary for the prevention of crime.call it justicehttps://www.blogger.com/profile/09863682494068974977noreply@blogger.comtag:blogger.com,1999:blog-25003000.post-70010649126680896162011-07-06T11:00:12.335+01:002011-07-06T11:00:12.335+01:00Er, no.
The issue wasn't that you can't se...Er, no.<br />The issue wasn't that you can't send a parent to prison, it was that the original couert did not consider the human right issue. All they needed to have done was to include in their sentancing remarkls something to show that they had considered the impact of the sentance on him and his chaildren, and note that this interfered with their Art. 8 rights, but that that interference was jusitifed by the need to protect society / adequately punish the offender etc.<br /><br />There is no licence to commit crime, there is simply a reminder to sentancing courts that they have an obligation to consider human rights issues and make it clear that they have done so.<br /><br />There is exactly the same issue in Care cases. Where a child is taken into care, there is always an interference with their, and their parent's , Art.8 rights. This does not stop court's making Care Orders (or adoption orders) as the Art.8 rights are not absolute. It simply menas that they have to be considered and some (usually quite brief) reason given as to why they are being interfered with.Bagpussnoreply@blogger.com