ABSTRACT
Convention into domestic law, believing there already existed adequate domestic rights and remedies such as: • habeas corpus; • jury trial; • protection against double jeopardy; • judicial review.
2. After 1966 individuals were permitted to bring cases against the state but the British government’s poor record demonstrated that more protection was needed eg in: • Hamer v UK (1979) and Draper v UK (1980) the
Commission ruled that it was an interference with Article 12 rights and served no legitimate state objectives or interests to prevent prisoners from marrying;
• Silver v UK (1983) the whole panoply of UK procedures and remedies – prison board of visitors, ombudsman, Home Secretary and judicial review – failed to remedy a Sikh prisoner’s claim that his correspondence had been unlawfully interfered with contrary to Article 8 of the Convention;
• Malone v UK (1984) the common law failed to protect British citizens against police telephone tapping, leading to the enactment of the Interception of Communications Act 1985.
