Another blow to Home Office as Rwanda asylum seekers not tagged on release from detention – The Independent

Posted July 12th, 2022 in asylum, bail, detention, electronic monitoring, news by tracey

‘Ministers accused of piloting “unworkable” tagging policy on basis of “cruel and unnecessary political posturing.”‘

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The Independent, 11th July 2022

Source: www.independent.co.uk

GPS tagging of migrants appears to contradict Home Office guidance – The Guardian

‘The Home Office appears to have contradicted its own guidance on GPS tagging, which prioritised “very high harm offenders”, after it announced the devices would be used on asylum seekers arriving in the UK.’

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The Guardian, 19th June 2022

Source: www.theguardian.com

Rapist jailed for 17 years after attacking again while on bail – The Guardian

Posted March 22nd, 2022 in bail, news, rape, sentencing, sexual offences by tracey

‘A “cold, unempathetic, manipulative” student who raped and sexually attacked two women while he was on bail and being investigated for an earlier violent rape has been jailed for 17 years.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Jailed women in UK five times more likely to suffer stillbirths, data shows – The Guardian

Posted December 6th, 2021 in bail, bills, birth, imprisonment, news, pregnancy, prisons, sentencing, statistics, women by sally

‘Women in prison are five times more likely to have a stillbirth and twice as likely to give birth to a premature baby that needs special care, new data collected by the Observer shows.’

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The Guardian, December 2021

Source: www.theguardian.com

Detention of a minor for his own protection – round two – UK Human Rights Blog

‘The Court of Appeal has recently upheld the High Court decision that Section 38 of the Police and Criminal Evidence Act 1984 (“PACE”) is not incompatible with Article 5 of the European Convention on Human Rights (“ECHR”) insofar as it purports to authorise the detention of minors for their own protection, in the case of Archer v Commissioner of Police of the Metropolis [2021] EWCA Civ 1662.’

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UK Human Rights Blog, 23rd November 2021

Source: ukhumanrightsblog.com

Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’

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Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) (AP) v Secretary of State for the Home Department [2021] UKSC 46 – UKSC Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

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UKSC Blog, 20th October 2021

Source: ukscblog.com

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department – EIN Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

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EIN Blog, 20th October 2021

Source: www.ein.org.uk

Police failing to impose orders on men accused of abuse, watchdog finds – The Guardian

‘Police are failing to impose restraining orders or bail conditions on men accused of rape, domestic abuse, harassment and stalking, a watchdog has found, placing women and girls at increased risk of harm.’

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The Guardian, 24th August 2021

Source: www.theguardian.com

Case Preview: R (Majera) (formerly SM (Rwanda)) v Secretary of State for the Home Department – UKSC Blog

‘On 10 May 2021, the Supreme Court heard the appeal in R (Majera) (formerly SM (Rwanda)) v Secretary of State for the Home Department (“SSHD”). The question on appeal is whether a defective order granting immigration bail has legal effect.’

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UKSC Blog, 18th May 2021

Source: ukscblog.com

Police to implement strict bail conditions on domestic abuse and sexual violence suspects under new measures – The Independent

Posted January 15th, 2021 in bail, bills, domestic violence, news, police, sexual offences by tracey

‘Police will now be able to implement strict bail conditions on more suspects in high-harm cases where the victim has suffered domestic abuse or sexual violence.’

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The Independent, 14th January 2021

Source: www.independent.co.uk

Judge refuses to free Julian Assange on bail as US appeals ruling against extradition – The Independent

Posted January 7th, 2021 in appeals, bail, deportation, mental health, news, surety by tracey

‘Julian Assange has lost an attempt to be freed on bail as he awaits a US appeal against a judge’s ruling that he cannot be extradited.’

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The Independent, 6th January 2021

Source: www.independent.co.uk

Police bail reforms left crime victims feeling unsafe, finds report – The Guardian

Posted December 8th, 2020 in bail, crime, criminal justice, news, police, reports, victims by sally

‘Victims have been left unprotected and a suspected paedophile left free to strike after government changes to bail plunged parts of the criminal justice system into chaos, an official report has found.’

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The Guardian, 8th December 2020

Source: www.theguardian.com

Judge highlights open justice benefits of telephone hearings – Litigation Futures

Posted September 7th, 2020 in bail, coronavirus, extradition, judges, news, remote hearings, telephone hearings by sally

‘There is “a lot to be said” for telephone, rather than video, hearings from the perspective of open justice and parties should bear this in mind when deciding how to proceed, a High Court judge has said.’

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Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

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UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Jack Shepherd: Speedboat killer has sentence reduced – BBC News

Posted July 17th, 2020 in appeals, bail, extradition, homicide, negligence, news, wounding by sally

‘Speedboat killer Jack Shepherd has had his sentence reduced by almost three months by appeal judges.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

Bail in the time of COVID-19 – an update – The 36 Group

Posted May 14th, 2020 in bail, coronavirus, news by sally

‘Two new cases have been published since our last blog post on the issue of bail during the Corona Crisis. They are: Perry v USA (unreported) and Chelsea Football Club Ltd v Nichols [2020] EWHC 827 (QB).’

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The 36 Group, 23rd April 2020

Source: 36group.co.uk

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

COVID-19 and Immigration Bail Applications – One Pump Court

‘Whilst the current pandemic has affected us all, those in detention are impacted in particularly harmful ways. Visits to immigration removal centres have been suspended, and those with COVID-19 symptoms are effectively placed in solitary confinement. The Council of Europe’s Commissioner for Human Rights has called for immigration detainees to be released, as many States have had to suspend removals and it is unclear when these might be resumed. The primary goal of immigration detention is to effect removal, and so continued detention as such may seem arbitrary.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

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UKSC Blog, 12th February 2020

Source: ukscblog.com