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Divisional Court upholds Foreign Office policy on legal support to UK nationals imprisoned abroad

08/02/13

The Divisional Court (Gloster and Nicola Davies JJ) has released its reasons for upholding the lawfulness of the Secretary of State for Foreign and Commonwealth Affairs' policy on the provision of legal support to UK citizens facing capital punishment abroad.

In her leading judgment, Gloster J provides guidance as to the extraterritorial effect of the European Charter of Fundamental Rights and the European Convention on Human Rights in respect of acts by consular officials. Her Ladyship also considers the extent to which EU framework decisions and matters touching on the Common Foreign and Security Policy are binding as a matter of UK domestic law.

The judgment is here.

Martin Chamberlain and Malcolm Birdling acted for the Secretary of State, instructed by the Treasury Solicitor.