Human Rights Act at it again

#2
I had a lecture on the Human Rights Act 1998 today. It was quite interesting actually, it appears that we were always affected by the decisions of European Court of Human Rights even before we enacted the 1998 legislation. Our lecturer did state that she assumed Labour never intended that the act would 'come back to haunt them'.
 
#3
Rapist claims human rights breach

David Laidlaw was jailed for six years for the rape
A convicted rapist has launched court action claiming his human rights are being breached because he has not been granted early release from jail.
David Laidlaw, 52, from Midlothian, is serving a six year sentence in Dumfries Prison for raping a 42-year-old woman, while armed with a knife.

However, the former taxi driver claims that he was entitled to be freed last October under the early release scheme.

The parole board said the public risk he posed was considered "unacceptable".

In an action for judicial review at the Court of Session in Edinburgh, lawyers acting for the rapist said he would not be released from custody until October this year - after serving two-thirds of the prison term.

Claim refuted

Mr Laidlaw alleges that parole authorities acted unlawfully in failing to recommend his early release under the Human Rights Act.

The parole board is refuting his claim.

It said the decision not to recommend early release had been made in light of his denial of guilt, his anger towards his victim and lack of empathy with her and his refusal to undertake offence-related work in prison.

Laidlaw, formerly of Park Avenue, Loanhead, in Midlothian, was found guilty of raping the woman in December 2000, while her seven-year-old son was sleeping. During the attack he held a knife to her throat.

He denied the attack during his trial at the High Court in Edinburgh in 2001 but was convicted. He was freed pending an appeal in 2003, but returned to prison in February 2005 when it failed.
In light of the Parole boards assessment of this scrote and the severity of his offence he should have got the maximum sentence for rape which is life. Chances are that he'll end up doing it again when he is released and disappears off the radar...
 
#5
Death_Rowums said:
I had a lecture on the Human Rights Act 1998 today. It was quite interesting actually, it appears that we were always affected by the decisions of European Court of Human Rights even before we enacted the 1998 legislation. Our lecturer did state that she assumed Labour never intended that the act would 'come back to haunt them'.
Yes... but in the past, people had to go all the way to the ECtHR to invoke their rights under the ECHR. Clearly not satisfactory as the ECtHR had a backlog of 6 years IIRC.
 
#7
If someone had caved his skull in in the first place like he deserved he wouldn't be complaining about this human rights abuse.
 
#9
white_rolos said:
and as usual if and when he reoffends, will there be no come back on the parol board? i think not.
The parole board has already ensured he will serve 2/3rds of his sentence which is the maximum for a determinate sentence. The parole board did not determine his sentence, which regarding their assessment of him, is a pity. I'm sure they would recommend he is never released if they could.

Now that his name is in the papers, I'm sure he'll be getting plenty of contact counselling from his fellow con's :threaten:
 
#11
smokey said:
Has anyone given any thoughts to his victim?
I don't think there would be the above posts if people weren't angry at what he put his victim through.
 
#12
whit_RE said:
white_rolos said:
and as usual if and when he reoffends, will there be no come back on the parol board? i think not.
The parole board has already ensured he will serve 2/3rds of his sentence which is the maximum for a determinate sentence. The parole board did not determine his sentence, which regarding their assessment of him, is a pity. I'm sure they would recommend he is never released if they could.

Now that his name is in the papers, I'm sure he'll be getting plenty of contact counselling from his fellow con's :threaten:


Why the fcuk not just sentence them to what they will do?????????????
 
#14
Never mind the human rights, how about the human responsibilities?
 
#15
"human responsibilities" trying to get the scum to take responsibility would be a start but most of them only think of their "rights" I was taught that you had to take responsibility for your action, now we have a blame culture - its not my fault its the parents fault or whoever else they can think of.

Now that the rapists name is all over the papers maybe someone will give him a shot of his own treatment.

if we get rid of the HRA can we bring in the prison reforms - make them more like prisons & not hotels - & then the death penalty for murder & maybe rape
 

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