1989-92      M.A. Law, Corpus Christi College, University of Cambridge
                 (double first class honours – 8 law prizes and scholarships).
1992-93      M.Phil. (criminology), Corpus Christi College, University of Cambridge.
1993-94      LL.M., University of Illinois at Urbana-Champaign, USA.
1994-95      Bar Vocational Course, Inns of Court School of Law.
                  Awarded a Major Scholarship and a Kenneth Solomon Scholarship by the
                  Honourable Society of the Inner Temple.
1995-2001   Pupillage and practising barrister at 3 Serjeants’ Inn, London.
1999           Appointed by the Attorney General to the list of Junior Counsel to the  Crown
                  (C Panel) to represent the Government in civil litigation.
2001-04      Lawyer within the Registry of the European Court of Human Rights.
2004-09      Legal Officer to the President of the International Criminal Court
                  (both as President and as a judge of the Appeals Division).

E-mail: ajackson@3serjeantsinn.com

Anthony has recently returned to 3 Serjeants’ Inn to specialise primarily in the fields of police law, public law and human rights. He has a particular interest in cases before the European Court of Human Rights and in domestic cases raising human rights issues, especially those falling within Articles 1, 2, 3, 5, 6 and 8 of the European Convention.

From 1996 to 2001, Anthony practised at 3 Serjeants’ Inn acting for the police in many areas of police law, including cases involving allegations of wrongful arrest and detention, malicious prosecution, assault, racial abuse and other alleged abuses of police powers. He also acted for various participants at inquests (including representing the Home Office at inquests into deaths in custody), in disciplinary proceedings, on judicial review applications and in the criminal courts.

Since 2001 Anthony has been immersed in cases in the human rights field, gaining unique and specialist experience in this area, including in areas of law which specifically affect the police and law enforcement more generally. Anthony spent three years (2001-2004) as a lawyer within the Registry of the European Court of Human Rights in Strasbourg, preparing drafts of communication proposals, decisions and judgments in cases brought against the United Kingdom under the European Convention on Human Rights. He thereby gained broad experience of the practice, procedure, jurisdiction, admissibility requirements and substantive law of the Convention. From 2004 to 2009, Anthony worked as the legal officer to the President of the International Criminal Court in The Hague, providing legal advice to the President both in his capacity as a judge of the Appeals Division and, primarily before cases began, as President. Anthony’s work included assisting in the preparation of draft decisions on applications for judicial review by the Presidency of administrative decisions of the Registrar of the Court and draft decisions and judgments in relation to each of the first interlocutory appeals to be brought before the Appeals Chamber. This work necessarily included addressing issues involving the right to liberty and the right to a fair trial in the context of very serious crimes (the Court having jurisdiction over genocide, crimes against humanity and war crimes).

ECHR cases

Chalkley v. the United Kingdom (no. 63831/00, application communicated, 16 October 2001). Alleged violation of Articles 6, 8 and 13 arising out of the installation and use by the police of a covert listening device at the home of the applicant.

Beck, Copp and Bazeley v. the United Kingdom (nos. 48535/99, 48536/99 and 48537/99, judgment of 22 October 2002). Violation of Articles 8 and 13 following an investigation into the sexuality of the applicants and their discharge from the armed forces as a result of their homosexuality. Application of Article 41 (just satisfaction) providing compensation for non-pecuniary and pecuniary loss and reimbursement of costs under the Convention.

Younger v. the United Kingdom (no. 57420/00, decision (inadmissible) of 7 January 2003). Articles 2 and 13: Alleged violation of the right to life resulting from a death in custody.

Fitzmartin and others v. the United Kingdom (nos. 34953/97 and others, decision of 21 January 2003). Article 37 and Rules 36, 45 and 47 of the Rules of Court: Striking out a series of applications from the Court’s list of cases on procedural grounds.

Kolanis v. the United Kingdom (no. 517/02, application communicated, 25 March 2003). Articles 5 and 13: Alleged violation of the right to liberty and to an effective remedy resulting out of the continued detention in hospital of a person suffering from mental illness.

Lloyd and 44 others v. the United Kingdom (nos. 29798/96 and others, decision of 21 October 2003). Articles 5 and 6. Alleged unlawful imprisonment following a failure to pay local taxes or court-imposed fines and an alleged violation of the right to a fair trial as a result of not being offered legal representation and not being represented at the hearing at which the term of imprisonment was imposed.

Hooper v. the United Kingdom (no. 42317/98, decision (partially admissible) of 21 October 2003). Articles 5 and 6. Alleged violation of the right to liberty and the right to a fair trial following the failure by a magistrate to hear from the applicant prior to imposing an order binding him over to keep the peace, which resulted in the committal of the applicant to prison.

Carnduff v. the United Kingdom (no. 18905/02, decision (inadmissible) of 10 February 2004). Articles 6 and 13: Alleged violation of the right to a fair trial and an effective remedy as a result of the striking out of the case of a registered police informant on public interest grounds.

Martin v. the United Kingdom (no. 63608/00, decision (admissible) of 27 March 2003; judgment (friendly settlement) of 19 February 2004). Article 8: Alleged violation of the right to private life as a result of surveillance of the home of the applicant.

ICC cases

Decision on the application to review the Registrar’s decision denying the admission of Mr Ernest Midagu Bahati to the list of counsel (ICC-Pres-RoC72-02-05, 20 December 2005): Decision defining the standard to be applied by the Presidency in its determination of applications for judicial review of the administrative decisions of the Registrar of the Court.

Situation in the Democratic Republic of the Congo (ICC-01/04-169, 13 July 2006): The admissibility of a case before the Court, with reference to the requirement that a case must be of sufficient gravity to be admissible.

The Prosecutor v. Thomas Lubanga Dyilo (ICC-01/04-01/06-824, 13 February 2007): The regime relating to reviews of the detention of a suspect and applications for release pending trial.

The Prosecutor v. Germain Katanga (ICC-01/04-01/07-475 and 476, 13 May 2008): The system for the disclosure of evidence – specifically considering the non-disclosure of information for the purpose of protecting those at risk of harm as a result of the activities of the Court.

The Prosecutor v. Thomas Lubanga Dyilo (ICC-01/04-01/06-1432 and 1432-Anx, 11 July 2008): The circumstances and manner in which victims can, for the first time, directly participate in international criminal trial proceedings.

The Prosecutor v. Thomas Lubanga Dyilo (ICC-01/04-01/06-1486 and 1487, 21 October 2008): Related appeals concerning the imposition of a stay of the proceedings and the resulting unconditional release of the accused, on the basis that the accused could not have a fair trial as a result of the non-disclosure by the Prosecutor of certain exculpatory materials.

The Prosecutor v. Germain Katanga and Matthieu Ngudjolo Chui (ICC-01/04-01/07-776, 26 November 2008): The scheme of, and responsibility for, the relocation of witnesses under the ICC Statute. 

The Prosecutor v. Jean-Pierre Bemba Gombo (ICC-01/05-01/08-323, 16 December 2008): Disclosure of documents to the defence to permit effective challenges to the lawfulness of detention, including consideration of the need to ensure that victims and witnesses are appropriately protected and the need to safeguard ongoing investigations.

Situation in Darfur (ICC-02/05-177, 2 February 2009): The participatory rights and interests of victims at the investigative stage of the proceedings.

Current cases

The sudden death of a patient in hospital while being forcibly restrained by the police and medical staff, shortly after the use by the police of CS spray on the patient.

The statutory regime relating to the issuing by the police of enhanced criminal record certificates.

In practice at the Bar, Anthony has lectured to police solicitors and police officers on topics including firearms operations, powers of arrest, handling civil claims and the presentation of evidence at court.

In relation to the European Court of Human Rights, Anthony has lectured to NATO legal advisers on state responsibility for the use of force; US military judges on the right to life; Russian judges in Moscow on the legality of detention and the right to a fair trial; and to Ukrainian lawyers in Kyiv, the Treasury Solicitor, and visitors to the Court about various aspects of the Court’s practice, procedure and substantive law.  Anthony was also part of the Court’s delegation meeting with MPs from the House of Commons European Scrutiny Committee about EU accession to the ECHR.

In relation to the International Criminal Court, Anthony has lectured about various aspects of its law and practice at the International Institute of Humanitarian Law in Sanremo and at the Treasury Solicitor, as well as to British forces in Cyprus, Serbian military personnel in Belgrade, members of the Darfur Bar Association, the Baltic Defence College in Estonia and to judges, NGOs, military officers, members of parliament, diplomats and other visitors to the Court.