Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’

Full Story

Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) (AP) v Secretary of State for the Home Department [2021] UKSC 46 – UKSC Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

Full Story

UKSC Blog, 20th October 2021

Source: ukscblog.com

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department – EIN Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

Full Story

EIN Blog, 20th October 2021

Source: www.ein.org.uk

Police failing to impose orders on men accused of abuse, watchdog finds – The Guardian

‘Police are failing to impose restraining orders or bail conditions on men accused of rape, domestic abuse, harassment and stalking, a watchdog has found, placing women and girls at increased risk of harm.’

Full Story

The Guardian, 24th August 2021

Source: www.theguardian.com

Case Preview: R (Majera) (formerly SM (Rwanda)) v Secretary of State for the Home Department – UKSC Blog

‘On 10 May 2021, the Supreme Court heard the appeal in R (Majera) (formerly SM (Rwanda)) v Secretary of State for the Home Department (“SSHD”). The question on appeal is whether a defective order granting immigration bail has legal effect.’

Full Story

UKSC Blog, 18th May 2021

Source: ukscblog.com

Police to implement strict bail conditions on domestic abuse and sexual violence suspects under new measures – The Independent

Posted January 15th, 2021 in bail, bills, domestic violence, news, police, sexual offences by tracey

‘Police will now be able to implement strict bail conditions on more suspects in high-harm cases where the victim has suffered domestic abuse or sexual violence.’

Full Story

The Independent, 14th January 2021

Source: www.independent.co.uk

Judge refuses to free Julian Assange on bail as US appeals ruling against extradition – The Independent

Posted January 7th, 2021 in appeals, bail, deportation, mental health, news, surety by tracey

‘Julian Assange has lost an attempt to be freed on bail as he awaits a US appeal against a judge’s ruling that he cannot be extradited.’

Full Story

The Independent, 6th January 2021

Source: www.independent.co.uk

Police bail reforms left crime victims feeling unsafe, finds report – The Guardian

Posted December 8th, 2020 in bail, crime, criminal justice, news, police, reports, victims by sally

‘Victims have been left unprotected and a suspected paedophile left free to strike after government changes to bail plunged parts of the criminal justice system into chaos, an official report has found.’

Full Story

The Guardian, 8th December 2020

Source: www.theguardian.com

Judge highlights open justice benefits of telephone hearings – Litigation Futures

Posted September 7th, 2020 in bail, coronavirus, extradition, judges, news, remote hearings, telephone hearings by sally

‘There is “a lot to be said” for telephone, rather than video, hearings from the perspective of open justice and parties should bear this in mind when deciding how to proceed, a High Court judge has said.’

Full Story

Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

Full Story

UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Jack Shepherd: Speedboat killer has sentence reduced – BBC News

Posted July 17th, 2020 in appeals, bail, extradition, homicide, negligence, news, wounding by sally

‘Speedboat killer Jack Shepherd has had his sentence reduced by almost three months by appeal judges.’

Full Story

BBC News, 16th July 2020

Source: www.bbc.co.uk

Bail in the time of COVID-19 – an update – The 36 Group

Posted May 14th, 2020 in bail, coronavirus, news by sally

‘Two new cases have been published since our last blog post on the issue of bail during the Corona Crisis. They are: Perry v USA (unreported) and Chelsea Football Club Ltd v Nichols [2020] EWHC 827 (QB).’

Full Story

The 36 Group, 23rd April 2020

Source: 36group.co.uk

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

Full Story

The Guardian, 6th May 2020

Source: www.theguardian.com

COVID-19 and Immigration Bail Applications – One Pump Court

‘Whilst the current pandemic has affected us all, those in detention are impacted in particularly harmful ways. Visits to immigration removal centres have been suspended, and those with COVID-19 symptoms are effectively placed in solitary confinement. The Council of Europe’s Commissioner for Human Rights has called for immigration detainees to be released, as many States have had to suspend removals and it is unclear when these might be resumed. The primary goal of immigration detention is to effect removal, and so continued detention as such may seem arbitrary.’

Full Story

One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

Full Story

UKSC Blog, 12th February 2020

Source: ukscblog.com

How Plans To Triple The Police Bail Time Limit Could Affect Your Rights – Each Other

‘The length of time suspects could be bailed without being charged with a crime could be trebled under government plans.’

Full Story

Each Other, 7th February 2020

Source: eachother.org.uk

Government launches public consultation on pre-charge bail – Home Office

‘New consultation aims to put the needs of victims first and ensure police are supported to investigate crimes.’

Full press release

Home Office, 5th February 2020

Source: www.gov.uk/home-office

The Impact of Releasing Suspects ‘Under Investigation’ (RUI) – Drystone Chambers

Posted January 30th, 2020 in bail, chambers articles, Crown Prosecution Service, news, police by sally

‘Decisions about bail impact the physical and mental well-being of both complainants and defendants. It is imperative that the right decision about bail is made at the start of an investigation. We have recently seen an explosion in the use of RUI; this article addresses both the problems around RUI as well as potential solutions to it.’

Full Story

Drystone Chambers, January 2020

Source: drystone.com

Calls to reform bail terms after lawyer stabbed to death – The Guardian

‘The case of a teenager jailed for life after stabbing a lawyer to death has raised fresh alarm about the practice of releasing violent suspects without strict bail conditions.’

Full Story

The Guardian, 17th December 2019

Source: www.theguardian.com

‘Scandal brewing’ as thousands of suspects released – BBC News

Posted December 4th, 2019 in bail, news, police, statistics, time limits by tracey

‘More than 93,000 suspected violent criminals and sex offenders have been released without restrictions by police in England and Wales since 2017, figures obtained by BBC Newsnight show. People suspected of offences including rape and murder have been among those “Released Under Investigation” (RUI). Richard Miller of the Law Society said a “major scandal” was brewing over the way RUIs are being used.’

Full Story

BBC News, 3rd December 2019

Source: www.bbc.co.uk