‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’
The Independent, 18th March 2014
Source: www.independent.co.uk
‘A teenage victim of sexual abuse was locked up in police cells overnight after she refused to give evidence in court against her attacker’
Daily Telegraph, 5th March 2014
Source: www.telegraph.co.uk
‘It was lawful that a journalist’s assistant who was thought to harbour state secrets in electronic form against the wishes of Britain and a foreign power should be stopped and held at an airport on the basis that investigating him amounted to determining whether he was a terrorist under section 40(1)(b) of and paragraph 2(1) of Schedule 7 to the Terrorism Act 2000.’
WLR Daily, 19th February 2014
Source: www.iclr.co.uk
‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’
UK Constitutional Law Association, 22nd February 2014
Source: www.ukconstitutionallaw.org
‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’
UK Human Rights Blog, 19th February 2014
Source: www.ukhumanrightsblog.com
‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’
BBC News, 19th February 2014
Source: www.bbc.co.uk
R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ; [2014] WLR (D) 44
‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’
WLR Daily, 29th January 2014
Source: www.iclr.co.uk
‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’
WLR Daily, 28th January 2014
Source: www.iclr.co.uk
‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’
BBC News, 29th January 2014
Source: www.bbc.co.uk
‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’
Sovereign Chambers, 29th January 2014
Source: www.sovereignchambers.co.uk
‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’
The Independent, 29th January 2014
Source: www.independent.co.uk
‘The Met Police is struggling to provide adequate medical staffing to assess and treat detainees in their custody, according to a new report.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
‘Hundreds of potentially unwell children in England and Wales have been placed in police cells after being detained under the Mental Health Act as officers had no place else to take them.’
The Independent, 26th January 2014
Source: www.independent.co.uk
‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’
The Guardian, 25th January 2014
Source: www.guardian.co.uk
‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’
BBC News, 22nd January 2014
Source: www.bbc.co.uk
‘Plans to build the first “secure college” for young criminals in England and Wales have been confirmed by ministers.’
BBC News, 17th January 2014
Source: www.bbc.co.uk
‘A violent gang “general” who police believe poses a serious threat to the public is back on the streets after attempts to have him deported ended in failure.’
Daily Telegraph, 16th January 2014
Source: www.telegraph.co.uk
‘Senior officer tells MPs that practice of holding children overnight before court appearance is big concern for police.’
The Guardian, 13th January 2014
Source: www.guardian.co.uk
© Inner Temple Library 2024