Mentally-ill teenagers no longer to be held in cells – BBC News

Posted December 18th, 2014 in children, detention, mental health, news, police, young persons by sally

‘Teenagers experiencing mental health problems will no longer be detained in police cells as a “place of safety”.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Mentally ill teenagers will no longer be held in police cells – The Guardian

Posted December 15th, 2014 in complaints, detention, mental health, news, police, statistics, young offenders by tracey

‘Mentally ill teenagers will no longer be taken to police stations and detained in cells under reforms to be announced by the home secretary, Theresa May, this week.’

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The Guardian, 15th December 2014

Source: www.guardian.co.uk

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Child abduction changes – Law Society’s Gazette

Posted December 4th, 2014 in child abduction, detention, false imprisonment, kidnapping, news, reports, sentencing by sally

‘Proposed amendments to child abduction legislation will have a far-reaching impact on family law, write Joanna Farrands and Helen Habershon.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

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Iraqi Civilians v Ministry of Defence – WLR Daily

Posted November 26th, 2014 in armed forces, detention, human rights, Iraq, law reports by sally

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB); [2014] WLR (D) 496

‘The legal effect of UN Security Council Resolutions 1483 of 22 May 2003 and 1511 of 16 October 2003 was that they imposed a duty on the United Kingdom in its role as an occupying power in Iraq to detain individuals where to do so was necessary for imperative reasons of security. However, nothing in the language of the Resolutions authorised the taking of such a measure in so far as doing so violated the United Kingdom’s obligation to secure rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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Unlawful detention: UK government ‘can be sued’, court rules – BBC News

Posted November 20th, 2014 in detention, jurisdiction, news, rendition, state immunity, torture by tracey

‘A Pakistani man can sue the UK government over claims he was unlawfully detained and tortured by British soldiers in Iraq, the High Court has ruled. Yunus Rahmatullah was captured in 2004, then sent from British to US custody and held for 10 years without charge.’

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BBC News, 19th November 2014

Source: www.bbc.co.uk

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Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

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UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

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Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent

‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’

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The Independent, 16th November 2014

Source: www.independent.co.uk

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Law to change so that 17-year-olds in police custody treated as minors – Local Government Lawyer

Posted November 13th, 2014 in bills, children, detention, news, young persons by tracey

‘The law will be changed so that 17-year-olds held in police custody are treated as minors and placed in local authority care, Policing Minister Mike Penning has said. This move followed a campaign on behalf of 17-year-olds, who argued that the police had wrongly treated them as though they were adults by holding them in overnight detention.’

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Local Government Lawyer, 13th November 2014

Source: www.localgovernmentlawyer.co.uk

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Phasing in new legislation – Law Society’s Gazette

‘The major piece of criminal law legislation for 2014 is the Anti-Social Behaviour, Crime and Policing Act. It has been brought gradually into force throughout the year.’

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Law Society’s Gazette, 3rd November 2014

Source: www.lawgazette.co.uk

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Family of girl who killed herself after arrest challenges detention policy – The Guardian

‘Kesia Leatherbarrow broke a window trying to enter a residential care home for ex-addicts to visit a friend. When officers arrested the 17-year-old, they discovered a small quantity of cannabis. She spent two nights and three days in police custody; a few hours after being released, she hanged herself.’

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The Guardian, 2nd November 2014

Source: www.guardian.co.uk

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K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

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Calls for law to be changed after Broadmoor killer Barry Williams is released without supervision – Daily Telegraph

‘A serious case review is launched after mass killer Barry Williams is able to disappear following his release from Broadmoor by changing his name to Harry Street.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

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Terror charges dropped against former Guantanamo Bay detainee Moazzam Begg – Daily Telegraph

Posted October 2nd, 2014 in detention, news, prosecutions, terrorism by tracey

‘Former Guantanamo Bay detainee Moazzam Begg has today walked free from prison after seven terror charges connected to Syria against him were dropped.’

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Daily Telegraph, 1st October 2014

Source: www.telegraph.co.uk

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Call for inquiry into death at Morton Hall immigration detention centre – The Guardian

‘The family of a 26-year-old man who died at an immigration detention centre have called for an urgent independent inquiry saying they have concerns about the circumstances surrounding his death.’

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The Guardian, 7th September 2014

Source: www.guardian.co.uk

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Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department – WLR Daily

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department [2014] EWCA Civ 990 ;  [2014] WLR (D)  327

‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Care in custody failings – Law Society’s Gazette

Posted July 21st, 2014 in detention, immigration, inquests, medical treatment, news by sally

‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’

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Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

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Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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