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Public Law. Criminal Law. Preview. Reading the Judgment of a ECHR 1) Facts of the Tyrer case 2) Background of the case : questions of constitutional law 3) Decision : questions of international human rights law.
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Public Law Criminal Law
Preview • ReadingtheJudgmentof a ECHR • 1) FactsoftheTyrercase • 2) Backgroundofthecase: questionsofconstitutionallaw • 3) Decision: questionsofinternational human rightslaw
Choose a word from the list: offender, fine, assault, grievous bodily harm, citizen, guilty, juvenile, punishment, actual bodily harm • If you attack another person illegally in Britain you will be tried for unlawful ___ • If you physically hurt or injure the person you attack, you will be tried for unlawful___occasioning _____ • If the injury you cause in the attack is very serious it is called____
Choose a word from the list: offender, fine, assault, grievous bodily harm, citizen, guilty, juvenile, punishment, actual bodily harm • The law can punish criminals in many different ways, but most people would agree that the worst____a court can give is the death sentence. • A person who commits a criminal offence is called a criminal, or ____
Choose a word from the list: offender, fine, assault, grievous bodily harm, citizen, guilty, juvenile, punishment, actual bodily harm • At the beginning of his or her trial the accused person must state whether s/he has committed the offence or not: whether s/he is ___or not___ • To punish a minor offence the court may order the criminal to pay a sum of money called a ____ • Young people who are accused of crimes are tried by a special court called ___court.
Human rights • What do youunderstandby human rights? • Canyouname some individual human rights? • How isitpossible to protect human rights 1)indomesticlaw? 2) ininternationallaw?
Human Rights Documents • Universal Declaration of Human Rights (1948) • The European Convention of Human Rights and Fundamental Freedoms (1950)
The European Court of Human Rights • ECHR wasestablishedbythe European Convention for the Protection of Human Rights andFundamentalFreedomsandwas set upinStrasbourgin 1959.
ECHR • TheConvention, whichwasdrawnupbytheCouncilofEuropein 1950, wasinspiredbythe UN UniversalDeclaration oh Human Rights of 1948 andprotectsmanyessentialrightssuch as theright to life, freedomfrom torture andslavery, freedomofthought, conscienceandreligion, theright to marryandfound a family, freedomofpeacefulassemblyandassociation, andtheright to a fair trial.
Scanthetext for: headings, propernames, sources, numbers • EUROPEAN COURT OF HUMAN RIGHTS • 25 April 1978 • TYRER CASE • JUDGMENT
headings, propernames, sources, numbers • IntheTyrercase, • The ECHR sitting, inaccordancewithArticle 43 oftheConvention for theProtectionof Human RightsandFundamentalFreedoms (hereinafterreferred to as ‘theConvention’) andRule 21 oftheRulesofthe Court, as a Chambercomposedofthefollowingjudges:
headings, propernames, sources, numbers • Mr. G. BALLADORE PALLIERI, President, • Mr. J. CREMONA, • Mrs. H. PEDERSEN, • Mr. THOR VILHJÁLMSSON, • Sir GERLAD FITZMAURICE, • Mr. P.-H. TEITGEN, • Mr. F. MATSCHER, • AndMr. H. PETZOLD, DeputyRegistrar.
headings, propernames, sources, numbers • Havingdeliberatedinprivatefrom 17 to 19 Januaryand on 14 and 15 March 1978, • Deliversthefollowingjudgment, whichwasadopted on thelast-mentioned date:
headings, propernames, sources, numbers • PROCEDURE • 1. TheTyrercasewasreferred to the Court bytheEuropeanCommissionof Human Rights (hereinafterreferred to as ‘theCommission’). Thecaseoriginatedinanapplicationagainstthe United Kingdomof Great Britainand Northern Ireland lodgedwiththeCommission on 21 September 1972 underArticle 25 oftheConventionby a United Kingdomcitizen, Mr. Anthony M. Tyrer.
headings, propernames, sources, numbers • AS TO THE FACTS • A. Theapplicant’s punishment • 9. Mr. Anthony M. Tyrer, a citizenofthe United Kingdomborn on 21 September 1956, is residentinCastletown, IsleofMan. On 7 March 1972, beingthenaged 15 andofpreviousgoodcharacter, he pleadedguiltybeforethelocaljuvenile court to unlawfulassaultoccasioningactualbodilyharmto a senior pupil at his school.
headings, propernames, sources, numbers • Theassault, committedbytheapplicantincompanywiththreeother boys, wasapparentlymotivatedbythefactthatthevictim had reportedthe boys for takingbeerintotheschool, as a resultofwhichthey had beencaned. Theapplicantwassentenced on the same day to threestrokesofthebirchinaccordancewiththerelevantlegislation. Seeparagraph 11 below.
headings, propernames, sources, numbers • He appealedagainst sentence to theStaffofGovernmentDivisionoftheHigh Court ofJusticeoftheIsleofMan. Theappealwasheardanddismissed on theafternoonof 28 April 1972; the court consideredthatanunprovokedassaultoccasioningactualbodilyharmwasalwaysveryseriousandthattherewere no reasons for interferingwiththe sentence. The court had orderedtheapplicant to bemedicallyexaminedinthemorningofthe same dayand had before it a doctor’s reportthattheapplicantwasfit to receivethepunishment.
headings, propernames, sources, numbers • 10. Afterwaitingin a police station for a considerable time for a doctor to arrive, Mr. Tyrerwasbirched late intheafternoonofthe same day. His fatherand a doctorwerepresent. Theapplicantwasmade to takedown his trousersandunderpantsand bend over a table; he washeldbytwopolicemenwhilst a third administeredthepunishment, piecesofthebirchbreaking at the first stroke. Theapplicant’s fatherlost his self-controlandafterthe third stroke ‘went for’ one ofthepolicemenand had to berestrained.
headings, propernames, sources, numbers • Thebirchingraised, but didnotcut, theapplicant’s skinand he was sore for about a weekanda half afterwards.
headings, propernames, sources, numbers • 11. Theapplicantwassentencedpursuant to section 56 (1) ofthePettySessionsandSummaryJurisdictionAct 1927 (as amendedbysection 8 oftheSummaryJurisdictionAct 1960) whereby:
headings, propernames, sources, numbers • ‘Anyperson who shall- • A) unlawfullyassault or beatanyotherperson; • B) make use ofprovokinglanguage or behaviourtending to a breachofthepeace,
headings, propernames, sources, numbers • shallbeliable on summaryconviction to a finenotexceedingthirtypounds or to beimprisoned for a termnotexceedingsixmonthsand, inaddition to, or insteadof, eithersuchpunishment, iftheoffender is a male child or male youngperson, to bewhipped’.
headings, propernames, sources, numbers • Theexpression ‘child’and ‘youngperson’mean, respectively, andindividualof or overthe age 10 andunder 14andanindividualof or overthe age of 14 andunder 17.
headings, propernames, sources, numbers • 12. Executionofthe sentence wasgovernedbythefollowingprovisions:
headings, propernames, sources, numbers • (a) Section 10 oftheSummaryJurisdictionAct 1960 • ‘(a) the instrument usedshall, inthecaseof a child, beacane, andinanyothercaseshallbeabirch rod;
headings, propernames, sources, numbers • (b) the court inits sentence shallspecifythenumberofstrokes to beinflicted, beinginthecaseof a childnot more thansixstrokes, andinthecaseofanyotherpersonnotmorethantwelvestrokes;
headings, propernames, sources, numbers • (c) thewhippingshallbeinflictedprivately as soonaspracticableafter sentence andinanyeventshallnottake place aftertheexpirationofsixmonthsfromthepassingofthe sentence.
headings, propernames, sources, numbers • (d) thewhippingshallbeinflictedby a constableinthepresenceofaninspector or otherofficerof police ofhigherrankthan a constable, and, inthecaseofachild or youngperson, alsointhepresenceif he desired to bepresent, oftheparent or guardianofthechildoryoungperson.’
Headings • Headings: • Tyrercase, Judgment, Theapplicant’spunishment
Propernames • Propernames: • AnthonyM.Tyrer, the United Kingdomof Great Britainand Northern Ireland, Commission, Castletown, Isleof Man
Sources: • Convention for the Protection of Human Rights andFundamentalFreedoms: Articles 43, 25 • Rulesof Court: 21 • section 56 (1) ofthePettySessionsand Summary JurisdictionAct 1927, Section 8 ofthe Summary JurisdictionAct 1960; Section 10
Numbers: • 25 April 1978, • Article 43, • Rule 21, • 17-19 January, • 14 and 15 March 1978, • Article 25 oftheConvention, • 21 Sept. 1956, • 7 March 1972,
Numbers • Aged 15, • paragraph 11, • 28 April 1972: appealheardanddismissed • 30 pounds, • 6 months,
Numbers • overthe age 10 andunder 14, • overthe age of 14 andunder 17, • 6 strokes, • 12 strokes, • 6 months
Answer the following: • 1. What is the text about? • 2. Who is involved? When? • 3. What is the case about?
Supply the following information: • The court • The date • Theoriginofthecase • Thepartiesofthecase • Themainissue • Themainsubjectof: paragraph 9, 10, 11
Supply the following information: • The court: • European Court of Human Rights • The date: • 25 April 1978 • The origin of the case: • An application to the European Commission of Human Rights referred to the Court
Supply the following information: • The parties to the case: • Tyrer against the UK • The main issue: • Punishment which the applicant had received
Supply the following information: • The main subject of paragraph 9: • The facts: Tyrer’s crime, conviction and appeal • 10: • Tyrer’s punishment • 11: • Law governing Tyrer’s sentencing and punishment
Read paragraphs 9 and 10 and write a quesion for main points • Who was the applicant? • What did he do? • What was the sentence? • Did Tyrer appeal against conviction or sentence? • Why did he lose the appeal? • In what circumstances was the punishment given? • Was Tyrer injured by his punishment?
For each question, write an answer in note form • Full answer: The applicant was Mr Anthony Tyrer, a UK citizen who was resident on the Isle of Man and aged 15 at the time of the assault • Notes: applicant – Anthony Tyrer – UK citizen – resident Isle of Man – 15 at time of assault
Notes • Comitted unlawful assault occasioning actual bodily harm to pupil at his school because punished after victim reported him to teachers. Pleaded guilty. • Sentenced to three strokes of the birch. Appealed against sentence (to Isle of Man High Court of Justice)
Notes • Lost appeal because crime very serious and court saw no reason to change sentence. • Punishment given (after medical examation and long wait) by three policemen in presence of doctor and father • Punishment hurt, but did not injure applicant
Home assignment • Write a summaryofthetextbyansweringyourquestionsin note form. Remember to: • Includeonlythemainpoints • Useyour own words • Cutout all wordswhich are notnecessary to themeaning
What does it mean? • Hereinafter? (lines 9, 26-7) • ‘later in this document’ • Whereby? (line 78) • ‘according to which’ • Respectively? (line 93) • ‘in the order mentioned’
Word study • Youhavealreadylearnedwhat ‘breachofcontract’ is. What do yousuppose a ‘breachofpeace’ is? • Whatkindoflanguage or behaviour do youthinkcouldcause a breachofthepeace?
Breachofpeace • modern authority defines a breach of the peace as existing whether harm is actually done, or is likely to be done, to a person or his property, or a person is in fear of being harmed through an assault, an affray, a riot, an unlawful assembly, or some other form of disturbance
affray • Theoffenceofusing or threatening, otherthanbywordsalone, unlawfulviolence. Theconduct must besuch as wouldhavecaused a reasonableperson to fear for his safety (zastrašivanje, uznemirivanje, nered)