Zenati v Commissioner of Police of the Metropolis and another – WLR Daily

Posted February 19th, 2015 in appeals, false imprisonment, freedom of movement, human rights, law reports, police by sally

Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74

‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’

WLR Daily, 11th February 2015

Source: www.iclr.co.uk

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Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

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Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

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What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

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Coventry kidnap gang who cut off man’s finger jailed – BBC News

Posted January 27th, 2015 in assault, blackmail, conspiracy, false imprisonment, gangs, kidnapping, news, sentencing by sally

‘A kidnap gang who cut off a man’s finger to get a £20,000 ransom have been jailed.’

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BBC News, 26th January 2015

Source: www.bbc.co.uk

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London ‘slavery’ case: CPS charges Aravindan Balakrishnan – The Guardian

Posted December 11th, 2014 in child cruelty, false imprisonment, news, rape, trafficking in human beings by sally

‘A Maoist activist accused of keeping three women in domestic servitude for 30 years has been charged with 25 offences including rape and child cruelty.’

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The Guardian, 11th 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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Simplification of Criminal Law: Kidnapping and Related Offences – Law Commission

Posted November 20th, 2014 in child abduction, false imprisonment, kidnapping, Law Commission, reports by tracey

‘A report recommending reforms to the law relating to kidnapping, false imprisonment and child abduction.’

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Law Commission, 20th November 2014

Source: www.justice.gov.uk/lawcommission

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Connah Smith jailed for nurses murder bid – BBC News

Posted November 11th, 2014 in attempts, false imprisonment, murder, news, nurses, sentencing, threatening behaviour, wounding by tracey

‘A man found guilty of attempting to murder two trainee nurses who were stabbed, doused with petrol and almost set on fire has been jailed for life.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

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Metropolitan police agrees payout over alleged race-discrimination case – The Guardian

‘The Metropolitan police has agreed to pay £120,000 in damages in an alleged race-discrimination case where seven officers were accused of assaulting a black motorist.’

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The Guardian, 18th September 2014

Source: www.guardian.co.uk

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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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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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Traveller family jailed over kidnap and torture – BBC News

‘Eleven members of the same family who kidnapped and tortured a couple they falsely accused of murdering a widow have been jailed.’

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BBC News, 3rd April 2014

Source: www.bbc.co.uk

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Christian preacher wins £13,000 in compensation after being held for ’15 hours without food or water’ – The Independent

‘A Christian preacher who was held by police for 15 hours without water or food has won £13,000 in compensation for wrongful imprisonment.’

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The Independent, 31st March 2014

Source: www.independent.co.uk

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Ice cream slavery man David Rooke’s sentence ‘not too lenient’ – BBC News

Posted March 31st, 2014 in appeals, assault, false imprisonment, news, sentencing by sally

‘An ice cream seller who kept a vulnerable man as a slave in his garage was not given a lenient sentence, appeal court judges have ruled.’

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BBC News, 28th March 2014

Source: www.bbc.co.uk

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Woman who lured man to ‘inhuman’ torture by offering sex is spared jail – Daily Telegraph

Posted January 21st, 2014 in false imprisonment, news, sentencing, suspended sentences, torture by sally

‘Chantelle McCluney, 23, watched on as her boyfriend and another lover tortured and humiliated their victim’

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Daily Telegraph, 20th January 2014

Source: www.telegraph.co.uk

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Ice cream man jailed for keeping ‘slave’ in garage – Daily Telegraph

Posted January 7th, 2014 in assault, false imprisonment, news, sentencing by sally

‘David Rooke forced Craig Kinsella, 34, to live in a garage where he suffered regular beatings and ended up scavenging for food in bins, Sheffield Crown Court heard.’

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Daily Telegraph, 7th January 2014

Source: www.telegraph.co.uk

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Man who held woman and boy in ‘armed’ Lincoln siege is jailed – BBC News

‘A man who pointed a pistol at police before carrying out a four-hour siege, trapping his estranged wife and a young boy in a flat, has been jailed.’

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BBC News, 3rd December 2013

Source: www.bbc.co.uk

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Slavery – then and, yes, now – Halsbury’s Law Exchange

Posted December 3rd, 2013 in false imprisonment, human rights, news, trafficking in human beings by sally

‘The recent story of three women being freed after an alleged 30 years held captive in a South London house has aroused enormous public interest. It is a shocking example of modern day slavery. Perhaps it is so shocking because we assume that the very practice of slavery no longer exists here; that it lives on only in the history books.’

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Halsbury’s Law Exchange, 2nd December 2013

Source: www.halsburyslawexchange.co.uk

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Men who trafficked Slovakian slave bride to Burnley jailed – BBC News

Posted October 11th, 2013 in assault, false imprisonment, news, rape, sentencing, trafficking in human beings by sally

“A man who assaulted, raped and held a woman prisoner after she was snatched from Slovakia and trafficked to Lancashire has been jailed.”

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BBC News, 10th October 2013

Source: www.bbc.co.uk

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