Hundreds of mentally ill children ‘locked in police cells’, some for over 24 hours – The Independent

Posted January 27th, 2014 in children, detention, mental health, news, police, statistics by sally

‘Hundreds of potentially unwell children in England and Wales have been placed in police cells after being detained under the Mental Health Act as officers had no place else to take them.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

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Mentally unfit refugees unfairly targeted by Home Office – The Guardian

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

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The Guardian, 25th January 2014

Source: www.guardian.co.uk

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Court of Appeal ignores Strasbourg ruling on police detention – BBC News

Posted January 22nd, 2014 in appeals, demonstrations, detention, human rights, news, police by sally

‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

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‘Secure college’ plans for young offenders revealed – BBC News

‘Plans to build the first “secure college” for young criminals in England and Wales have been confirmed by ministers.’

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BBC News, 17th January 2014

Source: www.bbc.co.uk

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The violent gang leader we can’t deport is freed to walk the streets – Daily Telegraph

Posted January 16th, 2014 in asylum, deportation, detention, gangs, news, violent offenders by tracey

‘A violent gang “general” who police believe poses a serious threat to the public is back on the streets after attempts to have him deported ended in failure.’

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Daily Telegraph, 16th January 2014

Source: www.telegraph.co.uk

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Detention of children overnight in police cells ‘is chronic breach of law’ – The Guardian

Posted January 13th, 2014 in children, detention, news, police, statistics, young offenders by tracey

‘Senior officer tells MPs that practice of holding children overnight before court appearance is big concern for police.’

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The Guardian, 13th January 2014

Source: www.guardian.co.uk

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G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) [2013] UKSC 79 | UKSC 2012/0196 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, detention, disability discrimination, housing, mental health, news by sally

‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’

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NearlyLegal, 6th January 2014

Source: www.nearlylegal.co.uk

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Deprivation of Liberty: current approach leaves vulnerable clients with limited protection, writes Laura Davidson – No. 5 Chambers

Posted December 12th, 2013 in detention, disabled persons, freedom of movement, mental health, news by sally

‘In P and Q v Surrey County Council & Others [2011] EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new “relative normality” test for assessing whether or not someone was being deprived of their liberty. If someone’s disabilities and difficulties necessitate assistance which is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation. This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics (see ‘Turning back the clock’, SJ Vol. 156, No. 22, 10-13).’

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No. 5 Chambers, 9th December 2013

Source: www.no5.com

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Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog

Posted December 12th, 2013 in appeals, delay, detention, human rights, imprisonment, news, Supreme Court, treaties by sally

‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

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Man who tried to commit suicide by running into wall loses damages case over broken spine – The Independent

Posted December 11th, 2013 in damages, deportation, detention, immigration, mental health, news, personal injuries, suicide by sally

‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’

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The Independent, 11th December 2013

Source: www.independent.co.uk

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Mass Surveillance and Freedom of the Press: A Conversation with Glenn Greenwald – UCL

‘Last June, Glenn Greenwald broke the story of the mass surveillance government programs disclosed in the leaks by former NSA contractor Edward Snowden. In August Mr. Greenwald’s partner, David Miranda, was detained by police at Heathrow Airport for 9 hours under schedule 7 to the Terrorism Act 2000. Mr. Greenwald has continued to release and comment on similar leaks since then and recently announced his departure from the Guardian to launch a new journalism venture with eBay co-founder Pierre Omidyar.

Our moderator led a conversation with Mr. Greenwald via Skype on the range of legal and political questions raised by his recent efforts. These include the lack of safeguards on government surveillance programs, the individual’s right to privacy, the freedom of the press to publish such information and any alleged threats these exposures pose to national security.’

Video

UCL, November 2013

Source: www.ucl.ac.uk

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

Posted December 10th, 2013 in appeals, demonstrations, detention, hospitals, law reports, medical treatment by tracey

Regina (IM (Nigeria)) v Secretary of State for the Home Department [2013] EWCA Civ 1561; [2013] WLR (D) 476

‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

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Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

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UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

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Senior judge: European court of human rights undermining democratic process – The Guardian

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

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The Guardian, 28th November 2013

Source: www.guardian.co.uk

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UK terror law watchdog calls for end to detention at borders without suspicion – The Guardian

Posted December 2nd, 2013 in airports, detention, news, police, terrorism by sally

‘Britain’s anti-terror law watchdog has said police should no longer be able to detain people at the UK’s borders without any suspicion of wrongdoing, following the detention of David Miranda in August.’

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The Guardian, 1st December 2013

Source: www.guardian.co.uk

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‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent

Posted November 26th, 2013 in appeals, asylum, demonstrations, deportation, detention, immigration, news by tracey

‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’

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The Independent, 25th November 2013

Source: www.independent.co.uk

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Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by tracey

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

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Hunger striker Isa Muazu loses release bid – The Independent

Posted November 22nd, 2013 in appeals, demonstrations, detention, immigration, news by tracey

‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’

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The Independent, 21st November 2013

Source: www.independent.co.uk

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CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others – WLR Daily

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others [2013] EWHC 3402 (QB); [2013] WLR (D) 439

“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

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