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

Comments Off

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.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk

Comments Off

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.’

Full story

Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Comments Off

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.’

Full story

Daily Telegraph, 1st October 2014

Source: www.telegraph.co.uk

Comments Off

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.’

Full story

The Guardian, 7th September 2014

Source: www.guardian.co.uk

Comments Off

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

Comments Off

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.’

Full story

Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

Comments Off

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

Comments Off

Walker v Commissioner of Police of the Metropolis – WLR Daily

Walker v Commissioner of Police of the Metropolis: [2014] EWCA Civ 897; [2014] WLR (D) 289

‘The triviality of a person’s detention by a police officer who was not exercising the power of arrest did not prevent that detention from being unlawful and amounting to false imprisonment.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Comments Off

Man awarded just £5 damages against police after court rules detention breached his rights – Daily Telegraph

Posted July 2nd, 2014 in appeals, costs, damages, detention, false imprisonment, news, police by sally

‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’

Full story

Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

Comments Off

Kingsley Burrell death: ‘insufficient evidence’ to prosecute – BBC News

‘Prosecutors say there is “insufficient evidence” to charge anyone after the death of a man detained under the Mental Health Act.’

Full story

BBC News, 1st July 2014

Source: www.bbc.co.uk

Comments Off

Yarl’s Wood: deported asylum seekers to give evidence to parliament – The Guardian

‘Deported asylum seekers who have made allegations of inappropriate sexual behaviour by staff at the Yarl’s Wood detention centre are to be called before an ongoing parliamentary inquiry.’

Full story

The Guardian, 28th June 2014

Source: www.guardian.co.uk

Comments Off

Britain’s intelligence agencies are told to make privacy invasion assessment – The Guardian

Posted June 27th, 2014 in detention, intelligence services, news, privacy by tracey

‘Britain’s security and intelligence agencies should consider how far they are invading people’s privacy when they seek permission for intrusive surveillance, their government-appointed watchdog has recommended.’

Full story

The Guardian, 26th June 2014

Source: www.guardian.co.uk

Comments Off

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) – WLR Daily

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening):[2014] EWCA Civ 718; [2014] WLR (D) 240

‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Comments Off

Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association

‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’

Full story

UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

Comments Off

Unlawful detention overseas: is it time to review operations? – Halsbury’s Law Exchange

‘Mohammed v Ministry of Defence and other claims raised the question of whether the UK Government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 (HRA 1998) and (b) under the law of Afghanistan. The Queen’s Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights (ECHR).’

Full story

Halsbury’s Law Exchange, 27th May 2014

Source: www.halsburyslawexchange.co.uk

Comments Off

Home Office criticised for holding child asylum seekers in ‘stuffy and overcrowded’ conditions at Heathrow – The Independent

Posted May 22nd, 2014 in airports, asylum, children, detention, immigration, news, reports by sally

‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’

Full story

The Independent, 22nd May 2014

Source: www.independent.co.uk

Comments Off

Serco facing inquiry over claims of sexual assaults at Yarl’s Wood detention centre – The Independent

Posted May 19th, 2014 in complaints, detention, immigration, inquiries, news, sexual offences by sally

‘Outsourcing giant Serco is to be investigated by MPs after it was forced to publish an internal report into claims of repeated sexual assaults at one of its immigration detention centres.’

Full story

The Independent, 18th May 2014

Source: www.independent.co.uk

Comments Off

PACE Code C – Home Office

Posted May 15th, 2014 in codes of practice, detention, investigatory powers, police by tracey

‘This revised version of PACE Code C sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers. The revised 2014 code was laid in Parliament on 14 May 2014 and will only apply after midnight on 2 June 2014.’

Full text

Home Office, 14th May 2014

Source: www.gov.uk/home-office

Comments Off

David Miranda allowed to appeal against ruling on Heathrow detention – The Guardian

‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’

Full story

The Guardian, 15th May 2014

Source: www.guardian.co.uk

Comments Off