Human rights
Members of chambers are fully conversant with the impact on criminal work of the European Convention of Human Rights, the Human Rights Act 1998 and the Racial and Religious Hatred Act 2006. Most human rights work undertaken by members of chambers is, of course, part and parcel of substantive criminal work. For that reason, members of chambers are able to deal with such issues as and when they arise. However, some members of chambers have undertaken more specifically rights-related work, as detailed below.
 
Casework
Members of 18 Red Lion Court have acted from time to time as amicus curiae in capital cases in the United States and, more frequently, have assisted local attorneys at first instance in capital cases in the Caribbean. Members have also appeared in capital cases coming before the Privy Council as well as domestic appeal cases raising important Human Rights issues:
 
  • Roberts & Roberts v The State (PC) [2003] UKPC 1: summing up of identification evidence
  • R v A (HL) [2002] AC 45: sexual offence / complainant's sexual history / Art. 6 ECHR
  • R v Lawrence and ors (CA) [2002] Crim LR 584: intrusive surveillance / Art. 6 & 8 ECHR
  • R v D (CA) [2002] 3 WLR 997: video testimony in rape trial / Art. 6 ECHR
  • R v Weir (HL) [2001] 1 WLR 421: late prosecution appeal application / Art. 6 ECHR
  • Ramdeen v The State (PC, 23 March 2000): second appeal against conviction for murder.
 
Peter Carter QC, with two other British silks and the US Counsel of Record, also helped to draft the submissions from Members of the UK Parliament to the US Supreme Court in respect of detainees held at Guantánamo Bay. In the same case, Rufus D’Cruz was part of a drafting team making submissions to the US Supreme Court on behalf of the Bar Human Rights Committee. On 29 June 2006, the US Supreme Court ruled that the attempt to oust the jurisdiction of the courts and the setting up of military tribunals was unlawful.
 
Pro Bono and Raising Awareness
Members are actively involved in human rights and pro bono work through a number of organizations, including the Bar Human Rights Committee, Liberty, Amnesty, the British Institute of Human Rights, the Redress Trust and the Criminal Bar Association. Amongst our number are former chairs of the Bar Human Rights Committee and of Liberty.
 
Bar Human Rights Committee
Chambers is well represented on the Bar Human Rights Committee, including the Chair, which was held for three years by Peter Carter QC. The Bar Human Rights Committee is the international human rights arm of the Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of individuals and with promoting the rule of law, together with local advocates and judges around the world. More information can be found at www.barhumanrights.org.uk.
 
Bar Caribbean Pro Bono Committee
An offshoot of that committee is the Bar Caribbean Pro Bono Committee, where again Chambers is well represented (Peter Carter QC, Rufus D’Cruz, Michelle Nelson, Louis-Peter Moll).
 
In 2004-2005, within a scheme organised by the Bar Caribbean Pro Bono Committee, Michelle Nelson and Louis-Peter Moll each spent 2½ months in Jamaica, assisting local attorneys in the preparation of first instance capital murder trials. These attorneys have a heavy workload and receive little remuneration. They are, consequently, grateful for this kind of assistance.
 
The visitors’ role is all-encompassing, including reading and advising on the brief, proofing defendants in prison, searching out and interviewing potential witnesses and most importantly acting as a junior to the attorney during the trial process itself. Michelle and Louis-Peter both appeared on national television and radio. The project has been established for some 6 years and is highly regarded and respected in Jamaica. In a recent case (where Michelle and Louis-Peter played a supporting role) the Defendant had been held for more than 7 years while charged with four counts of murder, but on 1st September 2005, after a 9-day trial, he was acquitted on all counts.
 
Other Overseas Pro Bono Work
Members of chambers have assisted in the training of lawyers and judges in Malawi, Afghanistan, Russia and the Balkans. For example, Noel Casey spent several months in 2004 working for the International Legal Foundation (ILF), a New York based NGO, supervising and mentoring a team of trainee Afghan public defenders, which included advising in particular cases, attending court, and training judges. 18 Red Lion Court provided some modest assistance in this ILF-led exercise.
 
Amnesty
Alexander Milne is a former Chair of Amnesty International British Section Lawyers Group, where he also spent several years as an elected member of the National Executive Committee. He has attended trials and inquests abroad on behalf of Amnesty International, and travelled to Israel on behalf of the Campaign to Free Mordechai Vanunu.
 
Liberty
John Lyons and Rufus D’Cruz are Directors of Liberty and several members of chambers have been involved in the drafting of submissions and briefings on behalf of Liberty for consideration by the Government during the legislative process.
 
British Institute of Human Rights
The British Institute of Human Rights (BIHR) is an independent charity based in London which raises awareness and understanding about the importance of human rights. 18 Red Lion Court has long been a sponsor of the British Institute of Human Rights by supporting the production of its Annual Review. Peter Carter QC is a Trustee and Alexander Milne is a member of its Advisory Board.
 
African Advocates Scholarship
18 Red Lion Court runs its own scholarship, whereby it enables a junior advocate at the Bar of an African Common Law jurisdiction to spend about 3 months at in London shadowing and observing members of chambers in their work. Up to 2008, this award was limited to the South African Bar, but in 2009 we will offer it to an advocate from the Tanzanian Bar. The award process is a competition by way of submission of CVs and interviews, and is advertised to professional advocates within the jurisdiction where it will be offered. See our separate page on this scholarship within the “Chambers” section.
Recent news
29.06.2006
An Amicus brief in support of the challenges to the lawfulness of the detention of suspects at Guatanamo Naval Base. In a landmark ruling, the US Supreme Court held that... More...
11.03.2005
In a case before the Inter-American Court of Human Rights, Trinidad was held to be in breach of the American Convention on Human Rights. It was held that flogging as... More...
28.06.2004
This was an amicus brief on behalf of members of UK Parliament: A landmark United States Supreme Court decision established the U.S. court system has the authority to decide whether... More...
22.05.2004
This case narrowed the ambit of section 58 of the Terrorism Act 2000 concerning documents found in the defendants’ possession which were chemical formulae and technical drawings. Jacques Karim Abi-Ayed... More...
30.04.2004
In this case the defendant was acquitted on the basis that the relevant provisions of the Insolvency Act 1986 should be read down to impose an evidential burden only... More...
15.01.2003
Appeals against convictions for murder were allowed where the court could not be satisfied that the trial judge had given proper directions on identification evidence in summing-up and the remaining... More...
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