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14 August 2015 / Michael Zander KC
Issue: 7665 / Categories: Opinion , Human rights
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Hands off!

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A Bill of Rights is not to be messed with: Michael Zander on the Tory plan to scrap the Human Rights Act

The government’s plan to replace the Human Rights Act with a British Bill of Rights was explained in Protecting Human Rights in the UK: The Conservatives’ Proposals for Changing Britain’s Human Rights Laws (October 2014).

The British Bill of Rights, like the Human Rights Act, it said, would be based on the European Convention on Human Rights (the Convention): “There is nothing wrong with that original document, which contains a sensible mix of checks and balances alongside the rights it sets out, and is a laudable statement of the principles for a modern democratic nation”.

But, the proposals stated, while the Convention would be put into primary legislation: “The use of the new law will be limited to cases that involve criminal law and the liberty of an individual, the right to property and similar serious matters”.

Lost causes?

Where, one asks, does that leave Art 3 (torture and inhuman or degrading treatment), Art 4 (slavery and forced labour), Art 6 (the right

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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