Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

CRIMINAL LAW/HUMAN RIGHTS: Attorney General v Benyoucef [2008] JRC 157

Sep 29, 2018, 17:37 PM
Slug : attorney-general-v-benyoucef-2008-jrc-157
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 19, 2008, 06:23 AM
Article ID : 88781

(Royal Court (Samedi Division); M.C.St.J.Birt , Deputy Bailiff; 19 September 2008)

The father had been convicted of sexual offences and sentenced to 12 years imprisonment. The eldest two of his five children, aged 12 and 11, applied for leave to intervene in that part of the sentencing hearing concerning an application for a recommendation that the father be deported from Jersey at the end of the sentence.

The rights of the children under European Convention on Human Rights, Art 8, would be greatly affected by a decision of a court to make a recommendation. The ability of the children to intervene and to seek to persuade the court not to make a recommendation was a procedural protection of real benefit, which might have an indirect effect. Given the effect of a recommendation on a child's family life, refusing a child permission even to address the court would not be fulfilling the requirements of the procedural guarantees offered by Art 8. The children's guardian was given leave to intervene, and to be heard orally on the matter of deportation.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from