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

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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.’

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Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

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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.’

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BBC News, 1st July 2014

Source: www.bbc.co.uk

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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.’

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The Guardian, 28th June 2014

Source: www.guardian.co.uk

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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.’

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The Guardian, 26th June 2014

Source: www.guardian.co.uk

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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

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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.’

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UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

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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).’

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Halsbury’s Law Exchange, 27th May 2014

Source: www.halsburyslawexchange.co.uk

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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.’

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The Independent, 22nd May 2014

Source: www.independent.co.uk

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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.’

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The Independent, 18th May 2014

Source: www.independent.co.uk

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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.’

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Home Office, 14th May 2014

Source: www.gov.uk/home-office

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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.’

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The Guardian, 15th May 2014

Source: www.guardian.co.uk

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Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by tracey

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

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Detention ruling shackles troops, says Philip Hammond – Daily Telegraph

Posted May 6th, 2014 in armed forces, detention, news by tracey

‘The detention policy used by the Armed Forces in Afghanistan was unlawful, the High Court has said. After the ruling, Philip Hammond, the Defence Secretary, said the decision would tie the hands of soldiers abroad.’

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Daily Telegraph, 3rd May 2014

Source: www.telegraph.co.uk

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Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by tracey

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

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UK Human Rights Blog, 14th April 2014

Source: www.ukhumanrightsblog.com

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Lancashire Police cleared over strip-search Taser use – BBC News

Posted April 15th, 2014 in complaints, detention, firearms, news, police, stop and search by tracey

‘Police were justified in Tasering two men who refused to take off their boxer shorts while being strip-searched, the police watchdog has said.’

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BBC News, 14th April 2014

Source: www.bbc.co.uk

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TW v Enfield London Borough Council – WLR Daily

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Yarl’s Wood death: Woman, 40, dies of heart attack at controversial immigration centre – The Independent

‘Police were on Sunday investigating the sudden death of a 40-year-old woman at a controversial immigration detention centre where Mauritian A-Level student Yashika Bageerathi is currently awaiting deportation.’

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The Independent, 30th March 2014

Source: www.independent.co.uk

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Foreign convicts awaiting deportation held in jail limbo for years – The Independent

Posted March 28th, 2014 in deportation, detention, human rights, news, visas by sally

‘Foreign offenders awaiting deportation are being locked up for years after their sentences have ended in a potential breach of their human rights, the immigration watchdog has warned.’

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The Independent, 27th March 2014

Source: www.independent.co.uk

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IPCC investigates complaints over 15-year-old boy strip-searched by police – The Guardian

Posted March 21st, 2014 in complaints, detention, news, police, stop and search, young persons by sally

‘The police watchdog is investigating complaints about how a 15-year-old boy was strip-searched by officers after being arrested for a suspected drug offence.’

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The Guardian, 20th March 2014

Source: www.guardian.co.uk

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