‘Some defendants will be facing “a second Christmas behind bars without the opportunity to prove their innocence”, a legal charity has warned, as the number of remand prisoners in England and Wales detained longer than the legal custody limit continues to rise.’
The Guardian, 1st December 2021
Source: www.theguardian.com
‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’
UK Human Rights Blog, 30th November 2021
Source: ukhumanrightsblog.com
‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’
BBC news, 25th November 2021
Source: www.bbc.co.uk
‘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.’
UK Human Rights Blog, 23rd November 2021
Source: ukhumanrightsblog.com
‘A man with HIV who was awaiting deportation to Jamaica is being denied life-saving treatment in an immigration detention centre, The Independent has learned. The 42-year-old man relies on daily medication to manage his condition, and says the dosages for his other ailments, schizophrenia and depression, have been reduced by staff at Colnbrook Immigration Centre.’
The Independent, 6th November 2021
Source: www.independent.co.uk
‘The Ministry of Defence has quietly settled 417 Iraq compensation claims and paid out several million pounds to resolve accusations that British troops subjected Iraqis to cruel and inhumane treatment, arbitrary detention or assault.’
The Guardian, 6th November 2021
Source: www.theguardian.com
‘The Home Office must rethink its “regressive and unethical” plans to use scientific methods such X-rays to age assess asylum seekers, a coalition of children’s charities has warned.’
The Independent, 1st November 2021
Source: www.independent.co.uk
‘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.’
UKSC Blog, 20th October 2021
Source: ukscblog.com
‘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.’
EIN Blog, 20th October 2021
Source: www.ein.org.uk
‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’
The Independent, 17th October 2021
Source: www.independent.co.uk
‘More than 4,500 people have been held in immigration detention in England and Wales before being released into the community and only then identified as potential victims of trafficking, official figures for the past five years show.
Charities claim the figures demonstrate a “detain first, ask later” attitude that runs counter to the fight against modern slavery and suggest others are probably being deported without having been referred for support. They fear the situation will be exacerbated by the nationality and borders bill, which they say makes it harder to identify victims.’
The Guardian, 18th October 2021
Source: www.theguardian.com
‘A High Court judge who last week refused to exercise the inherent jurisdiction to authorise the continued deprivation of the liberty of a 12-year-old child (LT) in an acute psychiatric admission unit for adolescents, has since authorised her deprivation of liberty in an empty children’s home found by the local authority, it has emerged.’
Local Government Lawyer, 29th September 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has declined to find that it was in the best interests of a 12-year-old girl (LT), who does not have a psychiatric condition requiring hospitalisation, to be deprived of her liberty on an acute psychiatric admission unit.’
Local Government Lawyer, 28th September 2021
Source: www.localgovernmentlawyer.co.uk
‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’
House of Commons Library, 19th August 2021
Source: commonslibrary.parliament.uk
‘Up to 4,500 people in mental health crisis were unlawfully held in police custody in England and Wales in a year, previously unpublished data suggests.’
BBC News, 20th August 2021
Source: www.bbc.co.uk
‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’
Local Government Lawyer, 13th August 2021
Source: www.localgovernmentlawyer.co.uk
‘A law firm representing travellers is challenging the UK’s quarantine hotel policy and seeking a judicial review.’
BBC News, 12th August 2021
Source: www.bbc.co.uk
‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’
House of Commons Library, 3rd August 2021
Source: commonslibrary.parliament.uk
‘The Home Office has recorded 70 racist incidents by far-right supporters against asylum seekers in barracks and hotel accommodation, according to a freedom of information response obtained by the Guardian.’
The Guardian, 8th August 2021
Source: www.theguardian.com
© Inner Temple Library 2021