High court rejects call to free 736 detainees at risk from coronavirus – The Guardian

‘The high court has rejected calls to free hundreds of immigration detainees who, lawyers and human rights activists say, are at risk from Covid-19 while behind bars.’

Full Story

The Guardian, 26th March 2020

Source: www.theguardian.com

False imprisonment: common ground? – No. 5 Chambers

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

Full Story

No. 5 Chambers, 16th March 2020

Source: www.no5.com

How far do the government’s new emergency powers go? – The Guardian

‘A new government bill that brings sweeping new powers to shut down mass gatherings, potentially detain people with coronavirus symptoms and weaken the social care safety net is being rushed through parliament. The Guardian’s Peter Walker explains what is at stake.’

Full Story

The Guardian, 24th March 2020

Source: www.theguardian.com

What You Need To Know About The Coronavirus Bill – Each Other

Posted March 23rd, 2020 in bills, coronavirus, detention, enforcement, immigration, news, police by sally

‘The Emergency Coronavirus Bill will grant police, immigration officers and public health officials new powers to detain “potentially infectious persons” and put them in isolation facilities.’

Full Story

Each Other, 20th March 2020

Source: eachother.org.uk

Home Office releases 300 from detention centres amid Covid-19 pandemic – The Guardian

‘The Home Office has released almost 300 people from detention centres in the last few days because of the Covid-19 pandemic, the Guardian has learned.’

Full Story

The Guardian, 21st March 2020

Source: www.theguardian.com

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

Full Story

Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

Coronavirus: What Happens To Prisoners? – Each Other

‘The UK government has urged the country to maintain “social distancing” as the coronavirus death toll rises. How does this work for the more than 83,000 people in Britain’s often overcrowded prisons?’

Full Story

Each Other, 19th March 2020

Source: eachother.org.uk

Council defends challenge over provision of secure accommodation for children at risk of being detained by police – Local Government Lawyer

Posted March 19th, 2020 in children, detention, local government, news by sally

‘Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.’

Full Story

Local Government Lawyer, 17th March 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19: Managing health and risk whilst in police custody – Law Society’s Gazette

Posted March 18th, 2020 in codes of practice, coronavirus, detention, health, health & safety, news, police by sally

‘At the time of this article, according to officials, the criminal justice system continues to operate “as normal”. Whilst it is to be expected that non-essential trials will likely be delayed, certain components of the justice system cannot simply be deferred – crime happens no less in times of pandemic. Police custody is one such area where the wheels will need to continue to turn regardless of COVID-19.’

Full Story

Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee resulted in his death – UK Human Rights Blog

Posted March 17th, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr Fosu’s death was avoidable and was caused by a number of gross failures on the part of the Home Office and various agencies to provide appropriate care in immigration detention at Harmondsworth Immigration Removal Centre.’

Full Story

UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

False imprisonment not synonymous with breach of right to liberty – UK Human Rights Blog

‘R (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4.In a pithy parting shot to the Home Secretary, Lady Hale has given the unanimous judgment of the Supreme Court on the question of whether a person subject to a home curfew under immigration powers had been falsely imprisoned at common law and whether that concept should now be aligned with the concept of deprivation of liberty in article 5 of the ECHR. The Court decided the case against the defendant, as did every court below (the Blog covered the Court of Appeal’s decision here). The defendant had been required to pay the claimant £4,000.’

Full Story

UK Human Rights Blog, 10th March 2020

Source: ukhumanrightsblog.com

Lincolnshire removal centre still too violent, say inspectors – The Guardian

Posted March 10th, 2020 in detention, immigration, news, self-harm, violence by tracey

‘Inspectors have discovered high levels of self-harm, violence and use of force at an immigration detention centre in Lincolnshire where one detainee had been held for more than two years.’

Full Story

The Guardian, 10th March 2020

Source: www.theguardian.com

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

Full Story

Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

Full Story

UKSC Blog, 26th February 2020

Source: ukscblog.com

‘Gross failures’ contributed to man’s death in immigration centre – The Guardian

Posted March 3rd, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Neglect and a series of gross failures by the Home Office and other agencies contributed to the death of a vulnerable Ghanaian man from hypothermia, dehydration and malnutrition, an inquest jury has found.’

Full Story

The Guardian, 2nd March 2020

Source: www.theguardian.com

Alex Schymyck: Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review – UK Constitutional Law Association

Posted February 24th, 2020 in appeals, detention, immigration, news, prisons, Supreme Court by sally

‘In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim that the inequality in procedural protections available to vulnerable immigration detainees, which depend significantly on the venue of detention, is irrational. The nature of the decision, which fails to properly evaluate the reasons advanced for the difference, highlights two problems caused by the Supreme Court’s refusal to accept consistency as a ground of review in R (Gallaher Group Ltd) v The Competition and Markets Authority. Firstly, the lack of a clear framework for how irrationality should be applied creates a risk that judges accept tangential or irrelevant justifications for inconsistency. Secondly, by keeping consistency within the irrationality framework without any articulation of how separation of powers concerns fluctuate in different contexts, there is a risk of overly deferential decisions. In MR (Pakistan) both of these risks materialised with seriously deleterious consequences for immigration detainees held in prisons.’

Full Story

UK Constitutional Law Association, 24th February 2020

Source: ukconstitutionallaw.org

How People In Immigration Detention Try To Cope With Life In Limbo – Each Other

Posted February 19th, 2020 in deportation, detention, immigration, mental health, news, telecommunications by sally

‘The Home Office has received heavy criticism in recent weeks after it emerged people held in immigration detention centres were struggling to access mobile phone reception and could not reach lawyers to challenge their imminent deportation.’

Full Story

Each Other, 18th February 2020

Source: eachother.org.uk

Home Office to release information about detainees’ access to lawyers – The Guardian

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

Full Story

The Guardian, 18th February 2020

Source: www.theguardian.com

Corona-vires: Has the Government exceeded its powers? – UK Human Rights Blog

‘One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.’

Full Story

UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

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.’

Full Story

UKSC Blog, 12th February 2020

Source: ukscblog.com