Category: detention

M v Scottish Ministers – WLR Daily

Posted December 5th, 2012 in detention, hospitals, judicial review, law reports, mental health, ministers' powers and duties, regulations, Scotland by sally

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Ashfield teenage prisoners to begin legal battle – BBC News

Posted December 4th, 2012 in detention, judicial review, news, prisons, punishment, young offenders by sally

“Seven teenagers who claim they were punished unlawfully will begin a legal battle against a Bristol prison later.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“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.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Tougher prison sentences for violent crime in force – BBC News

Posted December 3rd, 2012 in crime, detention, news, offensive weapons, recidivists, sentencing by sally

“A raft of new criminal offences have come into force in England and Wales, as well as tougher prison sentences for violent crimes.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

Jailed SAS sniper Danny Nightingale to lodge appeal over sentence – The Guardian

Posted November 21st, 2012 in appeals, armed forces, attorney general, courts martial, detention, firearms, guilty pleas, news by sally

“An SAS veteran of Iraq and Afghanistan will lodge an appeal on Wednesday against a decision to jail him for possessing a pistol and live ammunition at his home in Britain.”

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The Guardian, 20th November 2012

Source: www.guardian.co.uk

‘I can’t intervene in SAS sniper case,’ attorney general tells defence secretary – The Guardian

Posted November 21st, 2012 in appeals, armed forces, attorney general, courts martial, detention, firearms, guilty pleas, news by sally

“The attorney general has said it would be inappropriate for him to intervene in the case of a jailed SAS soldier, after a request by the defence secretary for him to review the conviction.”

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The Guardian, 20th November 2012

Source: www.guardian.co.uk

Concerns raised over number of children held in police cells under Mental Health Act – The Independent

Posted November 19th, 2012 in children, detention, mental health, news, police by sally

“Police officers often face ‘no realistic option’ other than locking children as young as 11 years old in cells under mental health laws, it has emerged.”

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The Independent, 18th November 2012

Source: www.independent.co.uk

Police treatment of 17-year-old suspects challenged in high court – The Guardian

Posted November 12th, 2012 in detention, human rights, news, police, young persons by sally

“The treatment of 17-year-old suspects in police stations could be transformed if a legal challenge against the Home Office succeeds in overturning detention rules.”

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The Guardian, 11th November 2012

Source: www.guardian.co.uk

The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog

Posted November 5th, 2012 in appeals, detention, habeas corpus, judgments, judiciary, news, Supreme Court by sally

“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”

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UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

High Court blocks UK detainee transfers in Afghanistan – BBC News

Posted November 5th, 2012 in Afghanistan, detention, human rights, judicial review, news, torture, transfer of prisoners by sally

“The UK government has been blocked from resuming the transfer of detainees caught in Afghanistan by UK forces to the Afghan authorities.”

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BBC News, 2nd November 2012

Source: www.bbc.co.uk

Related link: Document released in court by MoD

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Posted November 1st, 2012 in appeals, detention, habeas corpus, jurisdiction, law reports, rendition, Supreme Court, terrorism, treaties by sally

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian – WLR Daily

Posted November 1st, 2012 in appeals, child support, detention, enforcement, law reports by sally

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379; [2012] WLR (D) 300

“Where an application was made pursuant to section 39A(1) of the Child Support Act 1991 for the committal of a person to a term of imprisonment for wilful refusal or culpable neglect in not having complied with orders to pay child support maintenance, a strict construction was to be placed on the word ‘sought’ within section 39A(1)(a) of the 1991 Act as applying to a pre-condition governing the making of such a committal order.”

WLR Daily, 30th October 2012

Source: www.iclr.co.uk

Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

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UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Yunus Rahmatullah: the US and UK caught committing a crime together – The Guardian

Posted November 1st, 2012 in detention, habeas corpus, international relations, news, rendition, Supreme Court, terrorism by sally

“A UK supreme court ruling on the unlawful detention of Yunus Rahmatullah exposes the complicity of Britain with the US.”

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The Guardian, 31st October 2012

Source: www.guardian.co.uk

MPs call communications data bill ‘honeypot for hackers and criminals’ – The Guardian

Posted November 1st, 2012 in bills, detention, electronic mail, internet, news, select committees, sentencing, telecommunications by sally

“The home secretary, Theresa May, has been told by peers and MPs that her £1.8bn internet monitoring proposals will be a ‘honeypot for hackers and criminals around the world’ and that she must bring in prison sentences for those who hack databases.”

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The Guardian, 31st October 2012

Source: www.guardian.co.uk

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

Posted October 31st, 2012 in appeals, detention, enforcement, habeas corpus, international law, news, Supreme Court, terrorism by sally

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

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BBC News, 31st October 2012

Source: www.bbc.co.uk

Mental health sectioning error – BBC News

Posted October 30th, 2012 in detention, doctors, legislation, mental health, news, retrospectivity by sally

“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk

Recall of prisoner on home curfew did not breach right to liberty – UK Human Rights Blog

Posted October 26th, 2012 in detention, freedom of movement, human rights, news, release on licence by tracey

“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”

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UK Human Rights Blog, 25th October 2012

Source: www.ukhumanrightsblog.com

Former army lawyer urges end of ‘state torture’ to prevent future abuses – The Guardian

Posted October 19th, 2012 in armed forces, detention, Iraq, news, torture by sally

“The former chief legal adviser to the army in Iraq has said the UK’s complicity in the unlawful treatment of detainees was ‘institutional’ and must be wiped out to prevent future abuses by British troops.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk

Abu Qatada extradition fight moves to immigration commission – The Guardian

Posted October 10th, 2012 in deportation, detention, human rights, news, terrorism, torture by sally

“The Palestinian-born cleric Abu Qatada will resist a fresh attempt to deport him at a hearing of the Special Immigration Appeals Commission (SIAC) in central London on Wednesday.”

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The Guardian, 10th October 2012

Source: www.guardian.co.uk