> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Nigel Roberts
> Sent: Friday 05 January 2007 16:06
> To: [log in to unmask]
> Subject: Re: Disclosure
> Tim Turner wrote:
> > I don't think murderer is an emotive word, it's a word used
> to describe one
> > person who kills another deliberately without justification.
> It certainly is an /emotive/ word, but it is also a legal word. The
> definitive statement of what a murderer is, is that of Lord
> Coke ("Cook")
> A murderer is a person who "unlawfully killeth a reasonable creature
> under the King's Peace with malice aforethought (Coke, Commentaries)"
> This archaic language means, in modern English, someone who kills a
> human being, within the jurisdiction of the Crown, intending
> to kill or
> intending seriously to harm. Premeditation has nothing to do
> with it in
> the British Isles.
> The sentence for murder is mandatory. It must always be life
> imprisonment. If you are a murderer you are NEVER released from that
> sentence. You might be let out of /prison/ after you have served a
> punitive element (the 'tariff', which, thank goodness is no longer
> determined by politicians) AND that the rehabilitative
> element of your
> sentence has been shown to have been served. But this is on /licence/
> only. You are always still under sentence (i.e. the substitute death
> penalty) for the rest of your life, and may be recalled if you commit
> any offence.
> > see how using the word 'murderer' to describe a person who
> murders someone
> > is one step away from bear baiting.
> It isn't. (If they were imprisoned for manslaughter (which
> ranges from
> 'mere' negligence to what is classed as murder elsewhere) and you are
> labelled a murderer by the press, you probably have an action
> for libel
> . . .
> > And without wishing to play devil's advocate too much, if a
> > criminal of any type escapes from any type of prison, I
> don't see how the
> > Data Protection Act or Human Rights Act would prevent a
> police force from
> > issuing a wanted poster.
> Correct. It can't. The Human Rights principles to be taken
> into account
> are necessity and proportionality.
> Published a wanted poster is without doubt to be an interference with
> someone's Art 8 right to privacy. But the State is allowed to
> with Art. 8 rights.
> In fact it is authorised by Art 8(2), if "in accordance with
> the law and
> [is] necessary in a democratic society in the interests of national
> security, public safety or the economic well-being of the
> country, for
> the prevention of disorder or crime, for the protection of health or
> morals, or for the protection of the rights and freedoms of others."
> Clearly that can be no doubt at all that the capture of an absconding
> prisoner, I would suggest, fulfills the test of necessity
> whether or not
> they have been classified as a danger to the public.
I agreed with you up to here but, sorry, you've selectively quoted this
last bit. Breach of Art.8 has to be "necessary in the interests of ...
public safety" (I'm discounting any possible effect of the escape on
national security and economic well-being). If they aren't a threat to
the safety of the public (and remember that a husband who helped his
terminally ill wife to die was convicted of murder not so long ago) then
there are no grounds at all for breaching their Art.8 rights.
> Neither is it
> disproportionate. (There are no sledgehammers being used to
> crack nuts
> I think that idea is ridiculous. Using wanted
> > posters for unconvicted suspects has to be done with care, but
> > post-conviction, I don't see a problem with using images to
> help catch
> > criminals on the run.]
> Again, correct, and the legal reasoning, I would submit is as above.
> Whatever person in the Prison Service or Police who might
> have claimed
> otherwise, is in my opinion. just being foolish, and thereby bringing
> both the Human Rights Convention and the Data Protection
> Directive (and
> the various implementing measures) into a quite unjustified
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