Dominic Casciani

Would leaving the ECHR really 'stop the boats'? The extent to which leaving the Convention would make a difference to immigration has been greatly exaggerated, argues Lord Sumption

And if you want the mahoosively detailed wider story - here's my In Depth on the UK's relationship with an institution it largely created www.bbc.co.uk/news/article...

We are ready to discuss human rights law changes, top ECHR boss tells BBC Alain Berset, Council of Europe secretary general, said human rights laws may need to

Online version www.bbc.co.uk/news/article...

I went to Strasbourg to see whether reform, of the European Convention on Human Rights is possible, rather than quitting as some would prefer. Here's our tale for tonight's TV Ten. Pictures and editing by Lee Durant. My thanks to the ECHR / CoE team for accommodating my endless requests.

Always express big numbers as something people can relate to! x times the size of Wales, y double decker buses to the moon and back etc etc … one of the oldest traditional tricks of my trade …

Some terrorism offences are territory & nationality agnostic. Which means a foreign national committing the alleged offence abroad can be arrested in the UK. See for example the wording on "jurisdiction" for terrorism finance offences: www.legislation.gov.uk/ukpga/2000/1...

If this becomes a relevant factor in the Judicial Review in the autumn, I'll be reporting it.

Contact me via linktr.ee/bbcdomc Thanks

We don't know what a jury would have done. They are randomly chosen. Their deliberations are a secret known only to them. But most defendants are *advised* by their lawyers what their chances before a jury will be - a discussion that is often pivotal to whether they plead NG or G.

A fluffy ball of stupidity called my dog.

He’s now very chill. Thanks for reading !

So… TACT 2000 is long standing and lots of case law defines how it works. This situation is novel. It would be interesting if the Supreme Court looked at PA, protest law and the serious damage point but that’s me speculating about a future news story. Only a lawyer can sensibly say if that’s likely

Sec 1 Terrorism Act 2000. The wording is “serious damage to property” so I’ve mangled it while multitasking dog-walking, but the point is that the qualifying types of offences for a ban include evidence of serious criminal damage. Hope that helps. Link: www.legislation.gov.uk/ukpga/2000/1...

This was entirely my fault in a rushed late sub-edit to cut words. Wholly unintentional and I adjusted the piece very early this morning to include that omission. Happy to have done so. Imperfect business journalism so I always welcome reasonable comment that assists and improves.

But the UK has a law that says “serious criminal damage” for an ideology can be terrorism. (Legacy of the IRA days when it blew things up to cause economic damage.) Hence the big defence break-ins seemingly providing the legal tipping point. Not any red paint and divots on the 18th fairway

I suspect … a judge would laugh the Home Secretary’s team out of court if she banned a protest group for temporarily annoying golfers.

I’m not saying it’s impossible - but UK terror laws need to be publicly justified in independent courts to be used. Digging up a golf green is not terrorism. It’s minor vandalism in crim law terms (or direct action if you take the view that free speech can include damaging someone’s property).

The Home Secretary was asking additional questions of officials and pulled the ban lever *only after the RAF Brize Norton break-in.* Nothing I’ve seen so far shows that her decision (which has to be defended in court) turned on a bit of ear-bashing of the PM from the White House.

The police advised they backed a ban - because it would provide them with more powers to get ahead of such alleged break-in plotting - some time before the Trump incident. I know this from court documents I nagged to obtain.

The Home Office, MI5, counter terror police etc began seriously considering a ban a year ago after the August 24 a highly significant criminal damage break-in to an Israeli owned defence firm, Elbit.

Something of note I thought is useful but not in this piece. Some speculate that the Home Sec only banned PA because Trump was cross that some of its followers vandalised his Turnberry golf course. But… the timing and legal rationale given in court so far doesn’t support that.

After mass arrests, what happens next with Palestine Action ban? Since the Palestine Action ban, the clash ahead now feels as much about politics and PR as about the law.

So spent time breaking down the legal challenges and complexities around what may happen with the Palestine Action hoohar. I’ve tried to fill
gaps in the knowledge. After mass arrests, what happens next with Palestine Action ban? www.bbc.com/news/article...

I said many not all, or a majority. And some have thanked me today for a thoughtful piece. Not for me to say if I’m ignorant but I’m certainly not prejudiced. Please don’t bandy around those kinds of words. Reasoned debate is always better.
Thanks for reading.

As seen in the US already. A Federal judge in Manhattan was very cross, understandably so, when probably the first example of this happened over there in 2023.

Omitted for simplicity’s sake today but in essence 6,8,14

Trans former judge to challenge Supreme Court's gender ruling Victoria McCloud, who stepped down last year, said the judgement had violated her human rights.

It’s gonna run and run this Supreme Court stuff: Trans former judge plans to challenge gender ruling at European court www.bbc.com/news/article...

Well worth a read by all journalists and anyone else who cares about open justice and how it assists the public to learn from tragedies. Well done Charlie Maloney who I don’t think inhabits these parts - Joshua’s write-up points to CM’s reporting.

More funding for judges to tackle record court delays The announcement of new support for courts comes as two reports warn the justice system is struggling.

More funding for judges to tackle record court delays - but it’s still
short of what judges say they can do, what barristers say is needed and what two damning reports say will fix things for victims

www.bbc.com/news/article...

Proof that AI has no sense of humour:

Can the tide turn on the English Channel migrant boat crossings? Yvette Cooper visits the French coast to see how authorities are tackling people smuggling gangs.

It’s worth looking at everything happening on people smuggling across the Channel and consider whether things may begin to change. Its a complex issue - and the pull/push factors are also crucial - but this is a look at the panopoly of security measures coming together: www.bbc.co.uk/news/article...

Open Justice VICTORY: The govt has today SCRAPPED the Online Plea and Allocation plan, devised during Boris Johnson years. It would have led to no end of criminal cases, including many really serious allegations that lead to prison, beginning in secret.

Mobile phone thieves targeted in flagship crime bill The Crime and Policing Bill will be given officers powers to make Britain's cities safer, the Home Secretary says.

Biggest criminal justice legislation plan in years brings back the whole anti social behaviour agenda. Assuming this mammoth package gets into law quickly, some police forces may struggle to deliver the “safer streets mission” because they desperately need more cash www.bbc.co.uk/news/article...