detention – Current Awareness

Judge issues second ruling sharply criticising lack of suitable regulated placement for vulnerable 16-year-old woman with complex needs – Local Government Lawyer

Posted November 24th, 2020 in deprivation of liberty safeguards, detention, hospital orders, news, self-harm, young persons by sally

‘A High Court judge has sent a second judgment in less than a month – this time “more in exasperated hope than expectation” – to the Children’s Commissioner for England, the Secretary of State for Education, the Minister for Children and others over the lack of regulated accommodation for vulnerable children.’

Local Government Lawyer, 24th November 2020

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty: Unlawful placements of children – Transparency Project

Posted November 23rd, 2020 in appeals, children, detention, jurisdiction, local government, mental health, news, statutory interpretation, Supreme Court, Wales by sally

‘Can an English family court order the unlawful detention of a Welsh child?’

Transparency Project, 22nd November 2020

Source: www.transparencyproject.org.uk

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

Posted November 16th, 2020 in attempts, care orders, children, detention, family courts, human rights, local government, mental health, news, suicide by sally

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian

Posted November 13th, 2020 in asylum, detention, government departments, health, immigration, news, standards by tracey

‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’

The Guardian, 13th November 2020

Source: www.theguardian.com

Fourth High Court judge this year hits out at lack of secure accommodation for vulnerable young person – Local Government Lawyer

Posted October 27th, 2020 in children, detention, mental health, news, young persons by sally

‘A fourth High Court judge this year has sent a copy of their judgment to the Secretary of State for Education in a case concerning the lack of secure accommodation for a vulnerable young person.’

Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

UK Covid policy for children in detention ‘cruel and inhumane’, says UN expert – The Guardian

Posted October 27th, 2020 in children, coronavirus, detention, mental health, news, United Nations, young offenders by sally

‘The UK government’s policy of allowing children in detention to be locked alone in their cells for up to 23 hours a day under emergency Covid-19 measures is “extreme and inhumane” and could lead to lifelong mental health damage, according to the UN special rapporteur on torture and leading child health experts.’

The Guardian, 27th October 2020

Source: www.theguardian.com

If an Englishman’s home is his castle, his clothes are his suit of armour – UK Police Law Blog

Posted October 15th, 2020 in alcohol abuse, detention, drunk and disorderly, human rights, news, police, trespass to the person by tracey

‘Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) concerned what many might consider to be the tail end of just another good night out. The claimant got into a taxi on 22 April 2017, in an advanced state of intoxication, and the taxi driver rang 999 to report that she had started abusing him and “kicking off”. She vomited all over herself and over the back of the taxi. Officers responding to this unfortunate misunderstanding found her covered in vomit, including in her hair. They arrested her for the offence of being drunk and disorderly. At the police station, Ms Pile was flailing her arms with the attention of striking the officers accompanying her. She later accepted a £60 fixed penalty notice as an alternative to being prosecuted. For many, the story would have ended there…’

UK Police Law Blog, 14th October 2020

Source: ukpolicelawblog.com

Woman wins UK legal fight over unlawful deportation to Uganda – The Guardian

Posted September 29th, 2020 in appeals, asylum, deportation, detention, homosexuality, news by sally

‘The Home Office has lost a case in the court of appeal against a 27-year-old lesbian asylum seeker it was found to have unlawfully removed from the UK and was forced to fly back to the UK in the summer of 2019.’

The Guardian, 28th September 2020

Source: www.theguardian.com

Report raises alarm over police detention of vulnerable suspects in England and Wales – The Guardian

Posted September 28th, 2020 in autism, charities, codes of practice, custody, detention, government departments, learning difficulties, local government, mental health, miscarriage of justice, news, police, reports, statistics, statutory duty, suicide by sally

‘Police officers detained and interviewed hundreds of thousands of vulnerable suspects last year in England and Wales in breach of mandatory safeguards, according to the body that sets standards for those who support vulnerable adults in police custody.’

The Guardian, 28th September 2020

Source: www.theguardian.com

Vulnerable people left without access to solicitors during Covid – Legal Futures

Posted September 25th, 2020 in coronavirus, custody, detention, domestic violence, immigration, Law Society, mental health, news, reports, solicitors by sally

‘Some of the most vulnerable people have been left isolated and without proper access to solicitors because of the official response to the Covid-19 crisis, according to a report from the Law Society.’

Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

For Black Lives To Matter In The UK, Our Deportation Laws Need Reform – Each Other

Posted September 22nd, 2020 in deportation, detention, human rights, minorities, news, race discrimination, sentencing by sally

‘Black Lives Matter. This was the refrain heard throughout this summer’s protests seeking to condemn and draw attention to disproportionate black deaths in both American and British state custody.’

Each Other, 21st September 2020

Source: eachother.org.uk

High Court dismisses challenge to conditions at Brook House Immigration Removal Centre – an extended look – EIN Blog

Posted September 10th, 2020 in detention, human rights, immigration, news, religious discrimination by sally

‘In Soltany and Others v SSHD [2020] EWHC 2291 (Admin), the High Court dismissed a challenge to the conditions at Brook House Immigration Removal Centre (IRC), which at the material times in 2017 and 2018, was run by G4S.’

EIN Blog, 10th September 2020

Source: www.ein.org.uk

Custody time limit to be increased to ease court case backlog in England – The Guardian

Posted September 7th, 2020 in coronavirus, courts, delay, detention, news, time limits, trials by sally

‘Unconvicted defendants awaiting trial in prison face longer stints behind bars, as ministers plan to increase custody time limits to ease the pressure of a rising backlog of court cases, the Guardian understands.’

The Guardian, 6th September 2020

Source: www.theguardian.com

Watchdog exposes ‘unacceptable’ treatment of children in English court cells – The Guardian

Posted August 7th, 2020 in autism, children, courts, detention, disabled persons, news, ombudsmen, standards, women, young offenders by sally

‘Children with Down’s syndrome and autism were among those left for hours in court cells while they waited for legal representation or transport, a custody watchdog has revealed in a damning report.’

The Guardian, 7th August 2020

Source: www.theguardian.com

Controversial immigration detention centre in Lincolnshire to close – The Guardian

Posted July 23rd, 2020 in detention, immigration, news, prisons, reports, self-harm, violence by sally

‘A controversial immigration detention centre where several deaths have occurred in recent years is to close.’

The Guardian, 23rd July 2020

Source: www.theguardian.com

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

Posted July 15th, 2020 in detention, gangs, news, offensive weapons, police, violent disorder, young offenders by tracey

‘The High Court recently dismissed a claim of incompatibility with Article 5 ECHR arising from a detention of a minor for his own protection in the case of Archer v Commissioner of Police of the Metropolis [2020] EWHC 1567 (QB).’

UK Human Rights Blog, 14th July 2020

Source: ukhumanrightsblog.com

Prisons watchdog finds children ‘routinely handcuffed’ – BBC News

Posted July 1st, 2020 in children, courts, detention, news, prison officers, prisons, restraint, standards, young offenders by sally

‘Detainees, including children, are still being routinely handcuffed in custody in a practice described as “inappropriate and very concerning”.’

BBC News, 1st July 2020

Source: www.bbc.co.uk

Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth) – 5SAH

Posted June 23rd, 2020 in coronavirus, detention, extradition, habeas corpus, news, time limits, warrants by sally

‘This case concerns the impact of the coronavirus (COVID19) pandemic on the execution of European Arrest Warrants (EAWs). Extradition is presently impossible due to travel restrictions that have been imposed across Europe. The judgment considered the legality of repeated short-term extensions to the ten-day period in which extradition on an EAW must take place. Under Article 23 of the Framework Decision, extradition can be lawfully postponed where there are serious humanitarian reasons to do so, or where removal is prevented by circumstances beyond the control of any Member State. The court held that the coronavirus pandemic is capable of satisfying either criteria. A requested person is not entitled to be notified of any application to extend the extradition period, or to make representations at a hearing. However, in the present circumstances it is good practice to notify a requested person of any extension and to allow them access to legal representation.’

5SAH, 23rd June 2020

Source: www.5sah.co.uk

Pain-inducing restraint in child custody must be exception – MoJ review – The Guardian

Posted June 22nd, 2020 in charities, children, detention, Ministry of Justice, news, restraint, young offenders by sally

‘Pain-inducing restraint techniques should only be used on children in custody as an “absolute exception” to save life or prevent serious harm, a long-awaited review has concluded, though it has stopped short of calling for an outright ban.’

The Guardian, 19th June 2020

Source: www.theguardian.com

Equalities watchdog to investigate hostile environment policy – The Guardian

Posted June 12th, 2020 in bills, citizenship, colonies, deportation, detention, equality, Equality and Human Rights Commission, government departments, immigration, news by sally

‘The Home Office is being investigated over whether it breached equality law when it introduced the “hostile environment” immigration measures that caused catastrophic consequences for thousands of Windrush generation residents living legally in the UK.’

The Guardian, 12th June 2020

Source: www.theguardian.com

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