Regina (EO and others) v Secretary of State for the Home Department – WLR Daily

Posted May 23rd, 2013 in asylum, detention, immigration, law reports, torture by sally

Regina (EO and others) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin); [2013] WLR (D) 190

“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

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Torture victims win test case over detention in UK immigration centres – The Guardian

Posted May 21st, 2013 in asylum, compensation, detention, immigration, news, torture, victims by sally

“The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

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Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers

“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.’”

Full story (PDF)

Zenith Chambers, 16th May 2013

Source: www.zenithchambers.co.uk

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Detainees win torture claims test case – BBC News

Posted May 20th, 2013 in asylum, compensation, detention, immigration, news, torture by sally

“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

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Abu Qatada launches fresh bid to be released from prison – The Independent

“Radical cleric Abu Qatada will launch a fresh bid for freedom today as he seeks to be released from prison at an immigration tribunal.”

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The Independent, 20th May 2013

Source: www.independent.co.uk

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Boy wins Birmingham Magistrates’ Court cell ruling – BBC News

Posted May 7th, 2013 in children, detention, learning difficulties, news, young offenders by sally

“Child protection rules were breached when a teenager with learning difficulties was held in a court cell for adults, the High Court has ruled.”

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BBC News, 4th May 2013

Source: www.bbc.co.uk

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Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily

Posted May 3rd, 2013 in appeals, costs, detention, hospitals, law reports, mental health by tracey

Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471;   [2013] WLR (D)  158

“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

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Dale Farm protester awarded damages – Daily Telegraph

Posted April 23rd, 2013 in assault, damages, demonstrations, detention, false imprisonment, human rights, news by sally

“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”

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Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

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Last British resident in Guantánamo ‘may never be allowed home’ – The Guardian

Posted April 22nd, 2013 in demonstrations, detention, intelligence services, news, police, torture by sally

“The last British resident being held in Guantánamo Bay may never be allowed to return to his family in London because of an alleged ‘secret deal’ between US authorities, Saudi Arabia and the British security services.”

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The Guardian, 20th April 2013

Source: www.guardian.co.uk

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Detention pending deportation without regular review breaches Article 5 of the Convention – UK Human Rights Blog

Posted April 11th, 2013 in compensation, deportation, detention, human rights, judicial review, news, rape by sally

“The Strasbourg Court has ruled that a Somali national’s detention pending deportation was not lawful under domestic law.”

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UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

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Should prison be reserved for dangerous criminals? – Halsbury’s Law Exchange

Posted March 26th, 2013 in dangerous offenders, detention, news, prisons, sentencing by sally

“This month we saw eight-month sentences handed out to Chris Huhne and his ex-wife Vicky Pryce for perverting the course of justice. Both had been warned to ‘be under no illusion as to the likely sentence’ – the judicial way of saying, ‘expect a custodial sentence’. Of course, the lawyers would tell you that this was inevitable as the courts treat such crimes severely.”

Full story

Halsbury’s Law Exchange, 22nd March 2013

Source: www.halsburyslawexchange.co.uk

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Plight of women in jail tackled with new policy on sentencing – The Independent

Posted March 22nd, 2013 in detention, news, rehabilitation, sentencing, women by sally

“Courts will be encouraged to hand more community sentences to women offenders – backed by curfews, tagging and unpaid work – in an attempt to reduce the female prison population.”

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The Independent, 21st March 2013

Source: www.independent.co.uk

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Regina (Nouazli) v Secretary of State for the Home Department – WLR Daily

Posted March 20th, 2013 in deportation, detention, EC law, families, immigration, law reports by tracey

Regina (Nouazli) v Secretary of State for the Home Department: [2013] EWHC 567 (Admin);   [2013] WLR (D)  109

“The immigration detention of a third country national family member of an European Union national pending removal following a conviction from the host member state, pursuant to regulation 24(1) of the Immigration (European Economic Area) Regulations 2006, fell within the scope of EU law so as to afford the detained third country national protective rights under EU law. Regulation 24(1) was compatible with EU law, and detention thereunder pending a decision to deport not prohibited, provided the conditions in article 27(1) and (2) of the Parliament and Council Directive 2004/38/EC were satisfied.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

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Should the Decision of the Foreign Secretary be Justiciable? – Louise Christian

Should the Decision of the Foreign Secretary be Justiciable?

Louise Christian, Senior Consultant and Head of Public Law, Christian Khan Solicitors

Inner Temple Reader’s Lecture Series, 18th February 2013

Source: www.innertemple.org.uk

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Huhne and Pryce: what is the normal sentence for their crime? – The Guardian

“The eight month prison sentences imposed on Chris Huhne and Vicky Pryce are well within the normal range for such offences but slightly longer than many had expected.”

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The Guardian, 11th March 2013

Source: www.guardian.co.uk

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Abu Qatada must remain in custody – The Guardian

Posted March 11th, 2013 in bail, deportation, detention, evidence, human rights, news, terrorism, torture by sally

“Radical preacher Abu Qatada must remain in custody following his arrest for allegedly breaching his bail conditions, a judge has ruled.”

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The Guardian, 10th March 2013

Source: www.guardian.co.uk

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Fewer jail terms for knife possession, figures reveal – Daily Telegraph

Posted March 7th, 2013 in detention, news, offensive weapons, sentencing by sally

“Fewer jail terms are being handed down to those found in possession of a knife, new Government figures revealed today.”

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Daily Telegraph, 7th March 2013

Source: www.telegraph.co.uk

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Libyan politician offers to settle UK lawsuit for £3 and an apology – The Guardian

“A Libyan politician who is suing the former foreign secretary Jack Straw and the British government for damages after being kidnapped and taken to one of Gaddafi’s jails has offered to settle the case for just £3, providing he also receives an unreserved apology.”

Full story

The Guardian, 4th March 2013

Source: www.guardian.co.uk

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Parents plead for 17-year-olds in custody to be treated as children – The Guardian

Posted February 27th, 2013 in detention, judicial review, news, young persons by sally

“The parents of a teenager who killed himself after being arrested have pleaded for police to treat all 17-year-olds in custody as children.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

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UKBA backs down over use of force on children and pregnant women – The Guardian

Posted February 25th, 2013 in asylum, children, detention, news, pregnancy by sally

“The government has backed down on the use of force on children and pregnant women it seeks to remove from the UK.”

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The Guardian, 22nd February 2013

Source: www.guardian.co.uk

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