v Secretary of State for the Home Department
[2012] UKSC 54 where their Lordships said:
“(1) ‘Serious reasons’ is stronger than ‘reasonable grounds’.
(2) The evidence from which these reasons are derived must be ‘clear
and credible’ or ‘strong’
(3) ‘Considering’ is stronger than ‘suspecting’. In our view it is also
stronger than ‘believing’. It requires the considered judgement of the
decision maker.
(4) The decision maker need not be satisfied beyond reasonable doubt
or to the standard required in criminal law.” 32. The evidence bearing upon the appellant’s complicity is clear, credible and strong. It comes from her own statements and testimony and provides an uncontested picture of her knowingly providing assistance to those who perpetrated torture within the prison in which , latterly, she was the Deputy Governor. That knowledge and assistance, in our view, easily meets the test of aiding and abetting and, but for the qualification of whether her participation was “voluntary”, we would hold that the Secretary of State was correct to conclude that there are serious reasons for considering that the appellant has been guilty of crimes against humanity. That conclusion takes us into the only real issue in the case, that of duress.
- Background and introduction
- ppellant’s
- espondent’s
- onduct
- osition
- JS (
- Iran
- nitial
- ssessment
- Zimbabwe
- MT Zimbabwe
- v Secretary of State for the Home Department
- respondent
- v Attorney General of Canada
- movic
- The submissions on duress for the appellant
- uress
- Duress
- Prosecutor v
- R v Hasan
- Fernandes
- v Canada (Attorney General)
- Our assessment of the appellant’s claim to have acted under duress
- R v Hassan
- Decision
