Podcast Location:
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Categories:
Human Rights & Public Law
CPD Points:
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast provides the listener with an overview of Article 6 and its application in the case of Royal College of Nursing v Secretary of State [2010]. It looks at the Safeguarding Vulnerable Groups Act 2006 and discusses the idea of proportionality in relation to the provisions in the ECHR. In particular, this podcast examines the right to make oral representations and merit-based appeals. The application of the Human Rights Act is also discussed.

Outcomes:
After completing the course you will:
  • Recognise where Article 6 is applicable;
  • Appreciate the issues discussed in recent cases balancing human rights with public safety;
  • Understand the court's reasoning with regard to the right to make oral representations;
  • Be aware of the limits to the right to make merit-based appeals;
  • Know where the Human Rights Act will apply.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • R (On the Application of Wright and others) v Secretary of State for Health and another [2009] UKHL 3;
  • Royal College of Nursing and others, R (on the application of) v Secretary of State for the Home Department and another [2010] EWHC 2761 (Admin);
  • The European Convention on Human Rights;
  • The Human Rights Act 1998.
Tags:

In this podcast, Stephen Broach discusses the impact of RCN and others v Secretary of State for Home Department [2010], a case which has refined the law with regard to the application of the ECHR and the Human Rights Act. Stephen was junior counsel in this case (led by Ian Wise QC).

Podcast last reviewed: 2011-06-21

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