Walker v Commissioner of Police of the Metropolis: [2014] EWCA Civ 897; [2014] WLR (D) 289
‘The triviality of a person’s detention by a police officer who was not exercising the power of arrest did not prevent that detention from being unlawful and amounting to false imprisonment.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’
Daily Telegraph, 1st July 2014
Source: www.telegraph.co.uk
‘Prosecutors say there is “insufficient evidence” to charge anyone after the death of a man detained under the Mental Health Act.’
BBC News, 1st July 2014
Source: www.bbc.co.uk
‘Deported asylum seekers who have made allegations of inappropriate sexual behaviour by staff at the Yarl’s Wood detention centre are to be called before an ongoing parliamentary inquiry.’
The Guardian, 28th June 2014
Source: www.guardian.co.uk
‘Britain’s security and intelligence agencies should consider how far they are invading people’s privacy when they seek permission for intrusive surveillance, their government-appointed watchdog has recommended.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’
UK Constitutional Law Association, 2nd June 2014
Source: www.ukconstitutionallaw.org
‘Mohammed v Ministry of Defence and other claims raised the question of whether the UK Government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 (HRA 1998) and (b) under the law of Afghanistan. The Queen’s Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights (ECHR).’
Halsbury’s Law Exchange, 27th May 2014
Source: www.halsburyslawexchange.co.uk
‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’
The Independent, 22nd May 2014
Source: www.independent.co.uk
‘Outsourcing giant Serco is to be investigated by MPs after it was forced to publish an internal report into claims of repeated sexual assaults at one of its immigration detention centres.’
The Independent, 18th May 2014
Source: www.independent.co.uk
‘This revised version of PACE Code C sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers. The revised 2014 code was laid in Parliament on 14 May 2014 and will only apply after midnight on 2 June 2014.’
Home Office, 14th May 2014
Source: www.gov.uk/home-office
‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’
The Guardian, 15th May 2014
Source: www.guardian.co.uk
‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’
WLR Daily, 1st May 2014
Source: www.iclr.co.uk
‘The detention policy used by the Armed Forces in Afghanistan was unlawful, the High Court has said. After the ruling, Philip Hammond, the Defence Secretary, said the decision would tie the hands of soldiers abroad.’
Daily Telegraph, 3rd May 2014
Source: www.telegraph.co.uk
‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’
UK Human Rights Blog, 14th April 2014
Source: www.ukhumanrightsblog.com
‘Police were justified in Tasering two men who refused to take off their boxer shorts while being strip-searched, the police watchdog has said.’
BBC News, 14th April 2014
Source: www.bbc.co.uk
TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145
‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
‘Police were on Sunday investigating the sudden death of a 40-year-old woman at a controversial immigration detention centre where Mauritian A-Level student Yashika Bageerathi is currently awaiting deportation.’
The Independent, 30th March 2014
Source: www.independent.co.uk
‘Foreign offenders awaiting deportation are being locked up for years after their sentences have ended in a potential breach of their human rights, the immigration watchdog has warned.’
The Independent, 27th March 2014
Source: www.independent.co.uk
‘The police watchdog is investigating complaints about how a 15-year-old boy was strip-searched by officers after being arrested for a suspected drug offence.’
The Guardian, 20th March 2014
Source: www.guardian.co.uk
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