“…discretion resulting in arbitrary, and thus disproportionate, interference with Convention rights’ (per Lord Hughes in Beghal v Director of Public Prosecutions [2016] AC 88 at [31] and [32]). Any exercise of power that is unrestrained by law is not ‘in accordance with the law’.…”
“… that submission Mr Squires urged upon us what was said in the dissenting judgment of Lord Kerr JSC in Beghal v Director of Public Prosecutions [2015] UKSC 49, [2016] AC 88, at [93] and [102]. In that last paragraph, Lord Kerr said that:…”