“Tens of thousands of vulnerable people are being detained unlawfully due to the complexity of the Mental Capacity Act (MCA), lawyers have told a House of Lords committee.”
Law Society’s Gazette, 12th August 2013
Source: www.lawgazette.co.uk
“A police inspector and two sergeants have been found guilty of gross misconduct following a complaint from a pregnant woman that she was handcuffed for 11 hours in a police cell and stripped naked from the waist up.”
The Guardian, 4th August 2013
Source: www.guardian.co.uk
Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309
“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Supreme Court, 24th July 2013
“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”
BBC News, 17th July 2013
Source: www.bbc.co.uk
“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”
UK Human Rights Blog, 15th July 2013
Source: www.ukhumanrightsblog.com
Regina (AA) v Secretary of State for the Home Department: [2013] UKSC 49; [2013] WLR (D) 272
“The Home Secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18.”
WLR Daily, 10th July 2013
Source: www.iclr.co.uk
Supreme Court, 10th July 2013
“Some magistrates’ courts are four times more likely to send women to prison than others, according to figures obtained by the Howard League for Penal Reform.”
The Guardian, 9th July 2013
Source: www.guardian.co.uk
“Young offenders face being stripped of perks such as video games consoles in a crackdown on the ‘ludicrous’ soft regime in the youth custody system being planned by the Justice Secretary.”
Daily Telegraph, 7th July 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
“Two Afghan detainees captured by British forces have dropped legal challenges to their detention and can now be transferred to the Afghan authorities, the High Court has heard.”
BBC News, 27th June 2013
Source: www.bbc.co.uk
“Thousands of criminals who re-offend after serving only a few months in prison will be locked up again under a new Ministry of Justice crackdown, the department’s own estimates show.”
Daily Telegraph, 24th June 2013
Source: www.telegraph.co.uk
“More than 9,000 mentally ill people a year are being detained in police custody despite official guidance that such powers should be used only in exceptional circumstances, watchdogs say.”
The Guardian, 20th June 2013
Source: www.guardian.co.uk
“A student is to be detained indefinitely in Broadmoor secure hospital for killing an arts expert who blogged as Professor Whitestick.”
The Guardian, 28th May 2013
Source: www.guardian.co.uk
“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
“The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”
Full story (PDF)
Zenith Chambers, 16th May 2013
Source: www.zenithchambers.co.uk
“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”
BBC News, 17th May 2013
Source: www.bbc.co.uk
“Radical cleric Abu Qatada will launch a fresh bid for freedom today as he seeks to be released from prison at an immigration tribunal.”
The Independent, 20th May 2013
Source: www.independent.co.uk
“Child protection rules were breached when a teenager with learning difficulties was held in a court cell for adults, the High Court has ruled.”
BBC News, 4th May 2013
Source: www.bbc.co.uk
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