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

How Plans To Triple The Police Bail Time Limit Could Affect Your Rights – Each Other

‘The length of time suspects could be bailed without being charged with a crime could be trebled under government plans.’

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Each Other, 7th February 2020

Source: eachother.org.uk

Government launches public consultation on pre-charge bail – Home Office

‘New consultation aims to put the needs of victims first and ensure police are supported to investigate crimes.’

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Home Office, 5th February 2020

Source: www.gov.uk/home-office

The Impact of Releasing Suspects ‘Under Investigation’ (RUI) – Drystone Chambers

Posted January 30th, 2020 in bail, chambers articles, Crown Prosecution Service, news, police by sally

‘Decisions about bail impact the physical and mental well-being of both complainants and defendants. It is imperative that the right decision about bail is made at the start of an investigation. We have recently seen an explosion in the use of RUI; this article addresses both the problems around RUI as well as potential solutions to it.’

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Drystone Chambers, January 2020

Source: drystone.com

Calls to reform bail terms after lawyer stabbed to death – The Guardian

‘The case of a teenager jailed for life after stabbing a lawyer to death has raised fresh alarm about the practice of releasing violent suspects without strict bail conditions.’

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The Guardian, 17th December 2019

Source: www.theguardian.com

‘Scandal brewing’ as thousands of suspects released – BBC News

Posted December 4th, 2019 in bail, news, police, statistics, time limits by tracey

‘More than 93,000 suspected violent criminals and sex offenders have been released without restrictions by police in England and Wales since 2017, figures obtained by BBC Newsnight show. People suspected of offences including rape and murder have been among those “Released Under Investigation” (RUI). Richard Miller of the Law Society said a “major scandal” was brewing over the way RUIs are being used.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ – Garden Court Chambers

Posted November 26th, 2019 in appeals, asylum, bail, education, news by sally

‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’

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Garden Court Chambers, 21st November 2019

Source: www.gardencourtchambers.co.uk

Study restrictions ‘unlawfully imposed’ on university students – Law Society’s Gazette

Posted November 22nd, 2019 in asylum, bail, immigration, news, universities by tracey

‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’

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Law Society's Gazette, 21st November 2019

Source: www.lawgazette.co.uk

General election: Brexiteer running against Anna Soubry banned from constituency after harassing MP – The Independent

Posted November 21st, 2019 in bail, brexit, elections, harassment, news, restraining orders by tracey

‘A Brexiteer who is running against Anna Soubry in the general election has been convicted of harassing the Change UK leader. Amy Dalla Mura was banned from entering the Broxtowe constituency at Westminster Magistrates’ Court on Wednesday.’

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The Independent, 20th November 2019

Source: www.independent.co.uk

Bail changes to be reviewed after suspected rapists, murders and paedophiles released without restrictions – The Independent

‘Bail changes made by the Conservative government are being reviewed after the release of thousands of suspected violent criminals, paedophiles and rapists.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

Police bail decline revealed as Law Society say worrying trend means violent criminals are being released with no restrictions – Daily Telegraph

Posted October 10th, 2019 in bail, Law Society, news, police, statistics, victims, violence by tracey

‘Thousands of crime suspects are being released by police without any restrictions and potentially putting victims and the public in danger, new research suggests. In 2017, the law was changed in a bid to limit the time someone spends on bail to 28 days, offering police the chance to instead release someone under investigation (RUI) for an unlimited period of time and without having to place any restrictions on them.’

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Daily Telegraph, 9th October 2019

Source: www.telegraph.co.uk

Julian Assange to stay in prison over absconding fears – BBC News

‘Wikileaks co-founder Julian Assange is to remain in prison when his jail term ends because of his “history of absconding”, a judge has ruled’

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BBC News, 13th September 2019

Source: www.bbc.co.uk

“The Trouble with Release Under Investigation”. Lesley Bates writes about the impact of release under investigation upon a client acquitted 828 days after his arrest – 23 Essex Street

Posted August 23rd, 2019 in bail, delay, news, rape, school children, sexual offences, young offenders by sally

‘Changes to the use of police bail were designed to prevent suspects remaining on pre-charge bail for months on end pending investigation and decision about charge. Criticism of the use of Release Under Investigation (‘RUI’) has mostly focussed on the high numbers of suspects it is used for, the sharp fall in charging decisions and the fewer cases reaching court.’

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23 Essex Street, 20th August 2019

Source: www.23es.com

Sleepwalking man cleared of sexually assaulting woman – BBC News

Posted August 21st, 2019 in bail, hospital orders, mental health, news, sexual offences, sleepwalking by sally

‘A man with a history of sleepwalking has been found not guilty by reason of insanity of sexually assaulting his friend’s girlfriend.’

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BBC News, 20th August 2019

Source: www.bbc.co.uk