Russell Fortt acts for Home Secretary in an ECHR compatibility challenge

15 May 2024

Russell Fortt acts for Home Secretary in an ECHR compatibility challenge in Smith (Claimant); Friends Families and Travellers; Liberty (Interveners) v Secretary of State v Home Department [2024] EWHC 1137 Admin (Swift J).

The challenge was to the compatibility of amendments to the Criminal Justice and Public Order Act 1994 Articles 8, 14 which amongst other things created a new offence of residing on land without the consent of the land owner in circumstances where significant damage or disruption has occurred or is likely to occur and following a direction by the land owner to leave the land.

The amendments also created an associated power of seizure and forfeiture of vehicles present on land in such circumstances.

The Claimant and interveners argue that the amendments were unnecessary and discriminatory in that they interfered with the travelling community’s ability to carry on its traditional way of life.

Swift J dismissed the challenge except in one narrow respect – finding that the related change to the non-return period from 3 to 12 months was not justified (alternative transit sites can only be used for a maximum of 3 months) and was therefore incompatible with Arts 8 and 14.

Search

Join our mailing list to receive the latest news and event updates.

Subscribe

Popular

16 April 2024

Chambers is delighted to announce that Head of Chambers, Jason Beer KC is one of only…

Discover more

14 February 2022

The first hearings of the Post Office Horizon IT Inquiry commenced today.  Previously a non-statutory…

Discover more

19 December 2023

A message from Head of Chambers, Jason Beer KC, looking back at the past 12…

Discover more

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)