B v Secretary of State for the Home Department; Regina (B) v Special Immigration Appeals Commission – WLR Daily

Posted May 21st, 2015 in appeals, bail, deportation, detention, immigration, law reports by sally

B v Secretary of State for the Home Department; Regina (B) v Special Immigration Appeals Commission [2015] EWCA Civ 445; [2015] WLR (D) 210

‘Where a person’s detention by the Home Secretary, purportedly made pursuant to paragraph 2(2) of Schedule 3 to the Immigration Act 1971 as amended, pending deportation was unlawful, or where a person not currently in detention could not lawfully be detained under that provision, bail could not be granted pursuant to paragraphs 22 and 29 of Schedule 2 to the 1971 Act, as amended.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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Theresa May pledges £15m to keep mentally ill people out of police cells – The Guardian

Posted May 20th, 2015 in budgets, detention, mental health, news, police by sally

‘The home secretary, Theresa May, is to pledge up to £15m of new funding to provide health-based alternatives for the 4,000 people a year who spend time in detention in police cells under the Mental Health Act.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

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Best interests of children in immigration cases – Free Movement

Posted May 15th, 2015 in children, detention, immigration, news by tracey

‘Those working with migrant children have known this all along, but in March we had some official confirmation from a Parliamentary committee: the situation of migrant children in the UK is getting worse, not better.’

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Free Movement, 14th May 2015

Source: www.freemovement.org.uk

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Unease over police trial of hi-tech DNA machines amid fears that civil liberties could be infringed – The Independent

Posted April 22nd, 2015 in contamination, detention, DNA, forensic science, news, police by sally

‘Police forces across the UK are trialling technology that allows officers to analyse DNA samples in custody suites, amid fears that civil liberties could be infringed and evidence compromised.’

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The Independent, 21st April 2015

Source: www.independent.co.uk

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What is a “reasonable period” for immigration detention? – Free Movement

Posted April 10th, 2015 in deportation, detention, immigration, news by tracey

‘In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention where the prospects of effecting return depend upon changing circumstances in the proposed destination country.’

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Free Movement, 10th April 2015

Source: www.freemovement.org.uk

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Court has no “superhero” jurisdiction says Home Office in unlawful detention case – Free Movement

Posted April 2nd, 2015 in detention, expert witnesses, immigration, mental health, news by sally

‘In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State indefinitely to detain a foreign national. Happily for the woman concerned, who was detained for two years at the Yarl’s Wood detention camp before being released and who during that time underwent a catastrophic decline in mental and physical health, Mrs Justice Laing disagreed. A finding of unlawful detention was made and some very limited damages were awarded covering only the final month of her detention.’

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Free Movement, 2nd April 2015

Source: www.freemovement.org.uk

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Yarl’s Wood migrant ‘can sue government over prescribed drug’ – BBC News

‘A migrant who claims her psychosis was triggered by medication given to her at Yarl’s Wood Immigration Removal Centre is to be allowed to sue the government.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

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Illegal immigrant sex offender wins compensation – Daily Telegraph

‘Naseer Chawki, who was jailed for “revolting” sex crimes on a train, is in line for thousands of pounds after a judge ruled he had been unlawfully detained after completing a jail sentence.’

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Daily Telegraph, 31st March 2015

Source: www.telegraph.co.uk

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No convictions over 500 black and Asian deaths in custody – The Guardian

‘More than 500 black and ethnic minority individuals have died in suspicious circumstances while in state detention over the past 24 years, but not a single official has been successfully prosecuted, a report examining institutional racism has revealed.’

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The Guardian, 21st March 2015

Source: www.guardian.co.uk

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Men allegedly tortured by UK troops plan to go to court over report – BBC News

Posted March 20th, 2015 in armed forces, detention, intelligence services, Iraq, news, torture by tracey

‘Lawyers acting for two men who were jailed for 10 years without trial and say they were tortured after being seized by British troops in Iraq, plan to take the body responsible for investigating the case to court, claiming it is failing to seek potentially vital evidence from the US.’

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The Guardian, 19th March 2015

Source: www.guardian.co.uk

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‘What crime have I committed to be held like this?’: inside Yarl’s Wood – The Guardian

Posted March 4th, 2015 in asylum, attempts, detention, elderly, immigration, inquiries, news, refugees, suicide, women by sally

‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’

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The Guardian, 3rd March 2015

Source: www.guardian.co.uk

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Court of Appeal rules on police duty to suspects in detention – UK Human Rights Blog

‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’

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UK Human Rights Blog, 27th February 2015

Source: www.ukhumanrightsblog.com

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Prison officer Mark Blake ‘justified’ leaks to The Sun – BBC News

‘An officer at a Serco-run immigration centre justified leaking stories to The Sun by claiming the firm turned a blind eye to corruption, a court has heard.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

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Regina (Campbell-Brown) v Central Criminal Court – WLR Daily

Posted February 11th, 2015 in criminal justice, detention, law reports, murder, time limits, trials by sally

Regina (Campbell-Brown) v Central Criminal Court [2015] EWHC 202 (Admin); [2015] WLR (D) 48

‘Trials involving defendants remanded in custody were not to be listed for trial after the expiry of the custody time limits without proper and rigorous judicial consideration first having been given to the statutory questions posed by section 22(3) of the Prosecution of Offences Act 1985 in relation to the extension of custody time limits.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

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Nottinghamshire Police detained child without food or water – BBC News

Posted February 11th, 2015 in children, detention, food, mental health, news, police, water, young persons by sally

‘A 16-year-old girl was held in police custody for almost two days without food or water, a report has found.’

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BBC News, 11th February 2015

Source: www.bbc.co.uk

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End scandal of mentally ill being held in police cells, MPs say – BBC News

Posted February 6th, 2015 in detention, mental health, news, police by sally

‘The number of people with mental health illnesses being detained in police cells is a “scandal”, MPs have said.’

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BBC News, 6th February 2015

Source: www.bbc.co.uk

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Children held at Campsfield House immigration centre – BBC News

Posted February 3rd, 2015 in children, detention, immigration, news, reports by tracey

‘Three children were detained at a UK immigration centre despite a government commitment to end the practice, the HM Inspectorate of Prisons has found.’

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BBC News, 3rd February 2015

Source: www.bbc.co.uk

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£60k compensation for pensioner, 91, locked away from his cat – Daily Telegraph

Posted January 22nd, 2015 in care homes, compensation, costs, detention, elderly, mental health, news, social services by sally

‘Judge says it is ‘hard to imagine a more depressing and inexcusable’ case than that of the WWII veteran taken from his home against his wishes by Essex council.’

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Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

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Pledge to end locking up mentally ill in police cells – BBC News

Posted January 19th, 2015 in detention, hospitals, mental health, news, police, quality assurance, statistics by tracey

‘Authorities in England have pledged to bring an end to the practice of detaining people with mental health problems in police cells. The NHS, councils and police are now set to come up with plans for how they will achieve this, the government said.’

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BBC News, 18th January 2015

Source: www.bbc.co.uk

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

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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