RESOLUTION DH (97) 506

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 10 JUNE 1996

IN THE CASE OF BENHAM AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in the case of Benham against the United Kingdom delivered on 10 June 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19380/92) against the United Kingdom, lodged with the European Commission of Human Rights on 20 September 1991 under Article 25 of the Convention by Mr Stephen Andrew Benham, a British national, and that the Commission declared admissible the complaints relating to the lawfulness of the applicant's detention, the impossibility to obtain compensation for his alleged unlawful detention, and the fact that full legal representation was not available to him for the committal hearing before the magistrates;

Recalling that the case was brought before the Court by the Commission on 23 January 1995 and by the Government of the United Kingdom on 23 and 26 January 1995;

Whereas in its judgment of 10 June 1996 the Court:

_ held, by seventeen votes to four, that there had been no violation of Article 5, paragraph 1, of the Convention;

_ held, by seventeen votes to four, that Article 5 paragraph 5 was not applicable;

_ held, unanimously, that there had been a violation of Article 6, paragraphs 1 and 3 (c) taken together, of the Convention;

_ held, by nineteen votes to two, that the finding of a violation constituted adequate satisfaction for the non-pecuniary damage suffered by the applicant;

_ held, unanimously, that the respondent State was to pay the applicant, within three months, in respect of costs and expenses, 10 000 pounds sterling, less 25 510 French francs to be converted into pounds sterling at the rate applicable on the date of delivery of the present judgment, that simple interest at an annual rate of 8 % should be payable from the expiry of the above-mentioned three months until settlement, and dismissed, unanimously, the remainder of the claim for just satisfaction for costs and expenses;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the Government of the United Kingdom to inform it of the measures which had been taken in consequence of the judgment of 10 June 1996, having regard to the United Kingdom's obligation under Article 53 of the Convention to abide by it;

Whereas, during the examination of the case by the Committee of Ministers, the Government of the United Kingdom gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;

Having satisfied itself that on 3 July 1996, within the time-limit set, the Government of the United Kingdom paid the applicant the sum provided for in the judgment of 10 June 1996,

Declares, after having taken note of the information supplied by the Government of the United

Appendix to Resolution DH (97) 506

Information provided by the Government of the United Kingdom

during the examination of the Benham case

by the Committee of Ministers

Following the judgment of the Court of Human Rights in the present case, the Lord Chancellor has amended the Legal Advice and Assistance (Scope) Regulations 1989 by the Legal Advice and Assistance (Scope) (Amendment) Regulations 1997. Under the amended regulations legal representation is available in any proceedings relating to a failure to obey a court order where a judgment adverse to the defendant would carry a risk of imprisonment.

Specifically, as from 1 June 1997, the magistrates' courts duty solicitor scheme has been extended to cover civil as well as criminal cases of failure to obey a court order where a judgment adverse to the defendant is likely to result in a period of imprisonment. In addition, the availability of Assistance By Way Of Representation (ABWOR) has been extended to cover such cases in courts which have no duty solicitor scheme, or where the case has exceptional circumstances.

The Government of the United Kingdom is of the opinion that the measure adopted will prevent the repetition of the kind of violation found in this case and that, therefore, the United Kingdom has fulfilled its obligations under Article 53 of the Convention.Kingdom, that it has exercised its functions under Article 54 of the Convention in this case.