Podcast Location:
Download it here [file size: 51.9 MB]
Categories:
Human Rights, Civil Liberties & Public Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to provide practitioners with a discussion of the obligations under Article 2 of the European Convention of Human Rights and considers how such obligations have been interpreted within the UK under the domestic Human Rights Act. The course provides listeners with a variety of case law examples- both from the domestic and European courts and draws key distinctions between the interpretations the courts have made. Listeners are guided through the most recent decisions of the courts and provided with a discussion of the interesting situation which has now arisen in this area.

Outcomes:
After completing the course you will:
  • Understand the rights under Article 2 ECHR, both substantive and procedural;
  • Have considered how the UK courts have interpreted the procedural obligation under the Human Rights Act 1998 ;
  • Appreciate how the decisions of the European Court of Human Rights have differed from domestic opinions;
  • Understand in turn how the UK courts have responded in subsequent judgments;
  • Contemplated the interesting situation that now exists due to the differing interpretations of the procedural obligations;
  • Know what victims or relatives of victims will need to do in order to obtain an investigation into any historical deaths, such as those in Northern Ireland.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Introduction
Legal Principles
Market Update / Hot Topic
Sources and References:
  • Avsar v Turkey ECtHR App No. 25657/94 (2001);
  • Chief Constable of Hertfordshire Police v Van Colle [2008];
  • Cyprus v Turkey ECtHR App no. 25781/94;
  • European Convention on Human Rights;
  • Human Rights Act 1998;
  • Ireland v. United Kingdom - 5310/71 [1978] ECHR 1;
  • Janowiec and Others v Russia ECtHR App No. 55508/07 and 29520/09;
  • Keyu & Others v Secretary of State for Foreign & Commonwealth Affairs & Anr [2014] EWCA Civ 312;
  • Nachova & Others v Bulgaria;
  • Rabone & Anor v Pennine Care NHS Trust [2012] UKSC 2;
  • Re Amin v. Secretary of State for the Home Department [2003] UKHL 51;
  • Re McCaughey & Anor [2011] UKSC 20;
  • Re McKerr (Northern Ireland) [2004] UKHL 12;
  • Re Ullah v Special Adjudicator [2004] UKHL 26;
  • Silih v Slovenia (2009) 49 EHRR 37;
  • Smith & Ors v Ministry of Defence [2013] UKSC 41.
Tags:

In this CPDcast Nick Scott, a pupil from Staple Inn Chambers, discusses the obligations under Article 2 of the ECHR, specifically in relation to the duty to investigate. The podcast discusses Article 2 in some detail and goes on to cover the differing views held by the UK courts and Strasbourg in relation to the obligations under Article 2. As part of this discussion Nick gives various examples of both European and domestic case law and highlights the key contrasts and distinctions of several cases.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 37.47

Date Recorded: 10th March 2015

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