Public Law Criminal Law

Preview European Convention for the Protection of Human Rights and Fundamental Freedoms and ECHR Reading the Judgment of a ECHR case: Facts of the Tyrer case

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 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 ____

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 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 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 you understand by human rights? Can you name some individual human rights? How is it possible to protect human rights 1)in domestic law? 2) in international law? How are human rights protected in Croatia?

Human Rights Documents Universal Declaration of Human Rights (1948) The European Convention of Human Rights and Fundamental Freedoms (1950)

Scan the text for: headings, proper names, sources, numbers EUROPEAN COURT OF HUMAN RIGHTS 25 April 1978 TYRER CASE JUDGMENT

headings, proper names, sources, numbers In the Tyrer case, The ECHR sitting, in accordance with Article 43 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as ‘the Convention’) and Rule 21 of the Rules of the Court, as a Chamber composed of the following judges:

headings, proper names, 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, And Mr. H. PETZOLD, Deputy Registrar.

headings, proper names, sources, numbers Having deliberated in private from 17 to 19 January and on 14 and 15 March 1978, Delivers the following judgment, which was adopted on the last-mentioned date:

headings, proper names, sources, numbers PROCEDURE 1. The Tyrer case was referred to the Court by the European Commission of Human Rights (hereinafter referred to as ‘the Commission’). The case originated in an application against the United Kingdom of Great Britain and Northern Ireland lodged with the Commission on 21 September 1972 under Article 25 of the Convention by a United Kingdom citizen, Mr. Anthony M. Tyrer.

headings, proper names, sources, numbers AS TO THE FACTS A. The applicant’s punishment 9. Mr. Anthony M. Tyrer, a citizen of the United Kingdom born on 21 September 1956, is resident in Castletown, Isle of Man. On 7 March 1972, being then aged 15 and of previous good character, he pleaded guilty before the local juvenile court to unlawful assault occasioning actual bodily harm to a senior pupil at his school.

headings, proper names, sources, numbers The assault, committed by the applicant in company with three other boys, was apparently motivated by the fact that the victim had reported the boys for taking beer into the school, as a result of which they had been caned. The applicant was sentenced on the same day to three strokes of the birch in accordance with the relevant legislation. See paragraph 11 below.

headings, proper names, sources, numbers He appealed against sentence to the Staff of Government Division of the High Court of Justice of the Isle of Man. The appeal was heard and dismissed on the afternoon of 28 April 1972; the court considered that an unprovoked assault occasioning actual bodily harm was always very serious and that there were no reasons for interfering with the sentence. The court had ordered the applicant to be medically examined in the morning of the same day and had before it a doctor’s report that the applicant was fit to receive the punishment.

headings, proper names, sources, numbers 10. After waiting in a police station for a considerable time for a doctor to arrive, Mr. Tyrer was birched late in the afternoon of the same day. His father and a doctor were present. The applicant was made to take down his trousers and underpants and bend over a table; he was held by two policemen whilst a third administered the punishment, pieces of the birch breaking at the first stroke. The applicant’s father lost his self-control and after the third stroke ‘went for’ one of the policemen and had to be restrained.

headings, proper names, sources, numbers The birching raised, but did not cut, the applicant’s skin and he was sore for about a week and a half afterwards.

headings, proper names, sources, numbers 11. The applicant was sentenced pursuant to section 56 (1) of the Petty Sessions and Summary Jurisdiction Act 1927 (as amended by section 8 of the Summary Jurisdiction Act 1960) whereby:

headings, proper names, sources, numbers ‘Any person who shall- A) unlawfully assault or beat any other person; B) make use of provoking language or behaviour tending to a breach of the peace,

headings, proper names, sources, numbers shall be liable on summary conviction to a fine not exceeding thirty pounds or to be imprisoned for a term not exceeding six months and, in addition to, or instead of, either such punishment, if the offender is a male child or male young person, to be whipped’.

headings, proper names, sources, numbers The expression ‘child’ and ‘young person’ mean, respectively, and individual of or over the age 10 and under 14 and an individual of or over the age of 14 and under 17.

headings, proper names, sources, numbers 12. Execution of the sentence was governed by the following provisions:

headings, proper names, sources, numbers (a) Section 10 of the Summary Jurisdiction Act 1960 ‘(a) the instrument used shall, in the case of a child, be a cane, and in any other case shall be a birch rod;

headings, proper names, sources, numbers (b) the court in its sentence shall specify the number of strokes to be inflicted, being in the case of a child not more than six strokes, and in the case of any other person not more than twelve strokes;

headings, proper names, sources, numbers (c) the whipping shall be inflicted privately as soon as practicable after sentence and in any event shall not take place after the expiration of six months from the passing of the sentence.

headings, proper names, sources, numbers (d) the whipping shall be inflicted by a constable in the presence of an inspector or other officer of police of higher rank than a constable, and, in the case of a child or young person, also in the presence if he desired to be present, of the parent or guardian of the child or young person.’

Scan the text for: headings, proper names, sources, numbers Tyrer case, Judgment, The applicant’s punishment Proper names: Anthony M.Tyrer, the United Kingdom of Great Britain and Northern Ireland, Commission, Castletown, Isle of Man

Scan the text for: headings, proper names, sources, numbers Sources: Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court, section 56 of the Petty Sessions and Summary Jurisdiction Act 1927, Section 10 of the Summary Jurisdiction Act 1960

Scan the text for: headings, proper names, sources, numbers Numbers: 25 April 1978, Article 43, Rule 21, 17-19 January, 14 and 15 March 1978, Article 25, 21 Sept. 1956, 7 March 1972, 15, paragraph 11, 28 April 1972, section 56 (1) 1927, section 8, 1960, 30 pounds, 6 months, over the age 10 and under 14, over the age of 14 and under 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 The origin of the case The parties of the case The main issue The main subject of: 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

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 summary of the text by answering your questions in note form. Remember to: Include only the main points Use your own words Cut out all words which are not necessary to the meaning

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 You have already learned what ‘breach of contract’ is. What do you suppose a ‘breach of peace’ is? What kind of language or behaviour do you think could cause a breach of the peace?

Breach of peace 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 The offence of using or threatening, other than by words alone, unlawful violence. The conduct must be such as would have caused a reasonable person to fear for his safety (zastrašivanje, uznemirivanje, nered)

Term A term is (1) a specialised piece of vocabulary; (2) a condition in a contract e.g. terms and conditions of application Does it have either of these meanings in line 87 of the text?

Exceed Do you suppose the verb to exceed (86, 87) means (1) to be more than, or (2) to be less than?

Answer the following: Is a 13-year-old girl a ‘child’ or a ‘young person’? And a 16-year-old boy? Was Tyrer a ‘child’ or a ‘young person’ at the time of the assault?

respectively What does respectively (line 93) mean?

Find the following information: The name and date of the law which governs sentencing for unlawful assault A Petty Sessions and Summary Jurisdiction Act 1927 The different forms of punishment which can be given for unlawful assault Fine, imprisonment, whipping If the court can give more than one form of punishment for the same crime Yes: a fine and whipping or imprisonment and whipping

Find the following information: If unlawful assault is the only offence for which a person can be whipped No: breach of peace If anyone can be whipped for unlawful assault Only a male child or a young person If the way this punishment is inflicted is regulated in detail by the law Summary Jurisdiction Act 1960

Complete the following summary The Tyrer case was referred to the European Court of Human Rights by the European Commission of Human Rights after an application was made by Mr Anthony Tyrer against the UK. The court delivered judgement in April, 1978

Complete the following summary At the age of 15 Mr Anthony Tyrer, resident on the Isle of Man, was convicted of unlawful assault occasioning actual bodily harm by the local Juvenile court

Complete the following summary Mr Tyrer had assaulted A pupil at school together with three other boys.

Complete the following summary The reason the boys gave for the assault was that they had been punished after the victim had reported on them for taking beer to school.

Complete the following summary The court sentenced Mr Tyrer under the Petty Sessions and Summary Jurisdiction Act of 1927 to three strokes of the birch

Complete the following summary His appeal against the sentence to the High Court of Justice of the Isle of Man was dismissed on the grounds that the offence committed was very serious and there was no reason to interfere with the sentence

Complete the following summary The sentence was carried out according to the provisions of the Summary Jurisdiction Act 1960.

Complete the following summary Mr Tyrer was given a medical examination in the morning and late that afternoon the punishment was inflicted by three policemen in the presence of his father and a doctor.

Complete the following summary Mr Tyrer’s father was unable to control himself during the execution of the punishment and attacked one of the policemen.

The Criminal Process: put the events into the correct order A You are charged with an offence B You are sentenced to punishment for an offence C You are suspected of an offence D You are tried for an offence E You are accused of an offence F You are convicted of an offence G You plead guilty or not guilty to an offence H You are arrested for an offence

The Criminal Process: Key You are suspected of an offence You are arrested You are accused/You are charged with an offence You are tried You plead guilty or not guilty You are convicted You are sentenced to punishment

At what stage is the person involved called: The defendant After being charged with an offence and during the trial The offender After conviction The suspect Before being arrested and charged

At what stage is the person involved called: The convict After conviction and during the period of punishment The criminal general term: after committing a crime; legal term: after conviction The accused After being charged and during trial

Complete the following report The police were investigating a series of burglaries in the Westhampton area. A man and a woman were suspected of the crimes, but there was not enough evidence to arrest/charge them.

Complete the following report Then, during one night, during a burglary, the victims woke up while the criminals were still in the house.

Complete the following report They found the burglars in the sitting-room stealing the TV and video. The burglars escaped through the window, leaving behind a black bag containing all their equipment – covered in fingerprints!

Complete the following report The next day Samuel and Felicity Jones were arrested by Westhampton police and charged with the offence of burglary with intent

Complete the following report accused/defendants were tried on indictment in the Crown Court where they both pleaded not guilty. The jury returned the verdict of guilty.

Complete the following report The Joneses were convicted and sentenced to two years’ imprisonment.

Types of punishment: put the punishments in the order you think best, starting with the least serious Capital punishment Life imprisonment Community service Fine Probation Suspended sentence Corporal punishment imprisonment

Suspended sentence A sentence of imprisonment that does not take effect immediately. Under the Criminal Justice Act of 2003, a court that passes the sentence may order the offender to comply with one or more specified requirements, including:

Suspended sentence An unpaid work requirement, a prohibited activity requirement, a residence requirement, a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement, etc.

Suspended sentence If during the specified period the offender fails to comply with a requirement, or commits a further offence, the court may order the original sentence to take effect

Word ladder Suspended sentence Probation Community service Fine Imprisonment Life imprisonment Capital punishment /corporal punishment???/

Discussion Do all these punishments exist in your country?

The circumstances of A. Tyer’s crime Was the punishment he received justified? Which of the three punishments available would you have sentenced Tyrer to for his crime? Are there any punishments in the list that you think are never justified?

Prediction Why did Tyrer apply to the European Commission of Human Rights? Do you think he was right to make an application?