Category: detention

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

Posted November 13th, 2013 in airports, benefits, bills, detention, disabled persons, elections, freedom of expression, human rights, judicial review, media, news, prisons, select committees, terrorism by sally

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

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UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com

Sudanese sex offender wins damages for being held in custody too long – The Guardian

Posted November 13th, 2013 in appeals, child abuse, damages, delay, deportation, detention, human rights, immigration, news, sentencing, sexual offences by sally

“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”

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Thr Guardian, 12th November 2013

Source: www.guardian.co.uk

Paralysed Tinsley House detainee sues for damages – BBC News

Posted November 13th, 2013 in damages, deportation, detention, mental health, news, personal injuries, possession of false identity documents by sally

“A man who broke his spine when he deliberately ran into a brick wall while in detention awaiting deportation is suing for damages.”

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BBC News, 13th November 2013

Source: www.bbc.co.uk

Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening) – WLR Daily

Posted November 8th, 2013 in detention, immigration, investigatory powers, law reports, legal representation, terrorism by sally

Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening): [2013] EWHC 3397 (Admin);   [2013] WLR (D)  422

“A person detained for examination under Schedule 7 to the Terrorism Act 2000 had the right to consult a solicitor privately ‘in person, in writing or on the telephone’ before being interviewed.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Legal bid over David Miranda detention at Heathrow – BBC News

Posted November 6th, 2013 in airports, detention, freedom of expression, human rights, intelligence services, media, news, police, proportionality, stop and search, terrorism by sally

“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”

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BBC News, 6th November 2013

Source: www.bbc.co.uk

You can’t be disabled when you’re dead – a footnote to R (Antoniou) – UK Human Rights Blog

Posted November 1st, 2013 in detention, disabled persons, inquests, mental health, news, suicide by sally

“A somewhat curious additional point arises out of the case of R (Antoniou) – see my earlier post for the main issue – in which the court decided that Article 2 ECHR does not require an independent investigation into deaths in state detention prior to a coroner’s inquest. There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self-harm, of a mentally ill person detained under Section 3 of the Mental Health Act 1983. There is such an investigation when a prisoner commits suicide. The Claimant thought this smacked of discrimination against the mentally disabled. The Court disagreed – on the somewhat surprising ground that you can’t be disabled once you’re dead.”

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UK Human Rights Blog, 31st October 2013

Source: www.ukhumanrightsblog.com

PACE Codes A, B, C 2013 – Home Office

Posted October 23rd, 2013 in codes of practice, detention, investigatory powers, police, stop and search by sally

“PACE Codes A, B, C 2013”

PACE Code A

PACE Code B

PACE Code C

Home Office, 23rd october 2013

Source: www.gov.uk/home-office

Foreign criminal awarded £25,000 damages – Daily Telegraph

Posted October 17th, 2013 in contempt of court, damages, detention, government departments, news by sally

“A foreign criminal jailed for robbery has been awarded £25,000 damages because of mistakes made by the Home Office during deportation proceedings.”

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Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

New police anti-terror powers could be unlawful, say MPs – The Independent

Posted October 14th, 2013 in airports, bills, detention, forced marriages, human rights, investigatory powers, miscarriage of justice, news, police, privacy, stop and search, terrorism by sally

“Intrusive anti-terrorism powers that give police the right to detain travellers for up to six hours without suspicion, as well as download data from their phones and laptops, are unlawful, a group of MPs has warned.”

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The Independent, 11th October 2013

Source: www.independent.co.uk

Schedule 7 powers too intrusive, says committee – The Guardian

Posted October 14th, 2013 in airports, bills, complaints, detention, human rights, investigatory powers, Islam, judicial review, news, police, religious discrimination, stop and search, terrorism by sally

“Stop and search powers at ports and airports – used to detain the partner of the Guardian journalist Glenn Greenwald for nine hours during the summer – are too intrusive, according to a parliamentary committee.”

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The Guardian, 11th October 2013

Source: www.guardian.co.uk

Police ‘containment’ of Palestinian solidarity protester was lawful, rules High Court – UK Human Rights Blog

Posted September 25th, 2013 in demonstrations, detention, evidence, human rights, news, police, proportionality, video recordings by sally

“The High Court has found that the containment of a protester in a designated protesting pen for seventy five minutes was not unlawful at common law, nor under the Human Rights Act 1998.”

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UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Detainees at Yarl’s Wood immigration centre ‘facing sexual abuse’ – The Guardian

Posted September 16th, 2013 in abuse of position of trust, complaints, detention, immigration, inquiries, news, professional conduct, sexual offences by sally

“A former detainee at Yarl’s Wood immigration removal centre has alleged that women held there have been subjected to unwanted sexual advances and abuse by security guards and other officials.”

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The Guardian, 14th September 2013

Source: www.guardian.co.uk

Police: A&E ‘better’ than cells for mentally unwell – BBC News

Posted September 9th, 2013 in detention, hospitals, mental health, news, police, statistics by sally

“The Association of Chief Police Officers says dealing with mentally ill people takes up a fifth of police time. Police can detain people where no crime has been committed but they suspect the person is mentally unwell. The temporary police power is called a section 136.”

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BBC News, 9th September 2013

Source: www.bbc.co.uk

Beghal v Director of Public Prosecutions – WLR Daily

Posted September 2nd, 2013 in appeals, detention, failure to disclose information, freedom of movement, human rights, law reports, public interest, terrorism by sally

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

More developments under Schedule 7 – UK Human Rights Blog

Posted August 29th, 2013 in airports, detention, human rights, immigration, news, terrorism by sally

“In a judgment with implications for the detention of David Miranda, the High Court has today dismissed an appeal against a conviction for wilfully failing to comply with a duty imposed by virtue of Schedule 7 to the Terrorism Act 2000.”

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UK Human Rights Blog, 28th August 2013

Source: www.ukhumanrightsblog.com

High court rejects human rights appeal over airport detention – The Guardian

Posted August 29th, 2013 in airports, appeals, detention, human rights, immigration, news, terrorism by sally

“Three high court judges have said there is room for improvement in the operation of counter-terror powers used by police special branch officers to stop, question and detain 70,000 people a year passing through Britain’s airports and ports.”

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The Guardian, 28th August 2013

Source: www.guardian.co.uk

New rules for police custody of teenagers – BBC News

Posted August 23rd, 2013 in codes of practice, detention, news, parental rights, police, young persons by sally

“Extra protection for 17-year-olds in police custody will be put in place by the end of October, the Home Office has said.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

David Miranda detention: Police right to act, says May – BBC News

Posted August 22nd, 2013 in detention, immigration, media, news, police, terrorism by sally

“Home Secretary Theresa May has defended the police’s use of anti-terror laws to hold and question David Miranda, the partner of a Guardian journalist.”

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BBC News, 21st August 2013

Source: www.bbc.co.uk

David Miranda detention: Lawyers seek judicial review – BBC News

Posted August 22nd, 2013 in confidentiality, detention, immigration, intelligence services, investigatory powers, judicial review, media, news, police by sally

“Lawyers representing a Brazilian man detained at Heathrow airport have begun judicial review proceedings against the Home Office and the police.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

Theresa May had advance notice of David Miranda detention at Heathrow – The Guardian

Posted August 21st, 2013 in detention, government departments, immigration, intelligence services, news, police, terrorism by sally

“The home secretary has confirmed that she was given advanced notice of the decision by the police to detain David Miranda, the partner of the Guardian journalist Glenn Greenwald, at Heathrow airport.”

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The Guardian, 20th August 2013

Source: www.guardian.co.uk