Commons rejects Brussels proposal for EU-wide rights for suspects – Law Society’s Gazette

Posted September 16th, 2011 in detention, EC law, legal representation by tracey

“MPs have voted against a proposal to safeguard the rights of suspects detained at police stations across Europe to have access to lawyer. Justice secretary Kenneth Clarke tabled a motion last week recommending that the UK should not opt into a draft European Union directive that would ensure the right of access to a lawyer in criminal proceedings and the right to communicate upon arrest.”

Full story

Law Society’s Gazette, 15th September 2011


Man in al-Qa’ida arrest wins £20,000 payout – The Independent

Posted September 15th, 2011 in compensation, detention, news, terrorism, wrongful arrest by tracey

“A student who was wrongfully arrested on suspicion of being a terrorist after downloading an edited copy of The al-Qa’ida Training Manual for his PhD course, has been paid £20,000 in compensation by police.”

Full story

The Independent, 15th September 2011


Banned preacher wants to sue for unlawful imprisonment – Daily Telegraph

Posted September 15th, 2011 in deportation, detention, immigration, imprisonment, news by tracey

“A banned Islamic preacher who was allowed in to the UK because of a Home Office blunder is now suing the taxpayer for wrongful imprisonment.”

Full story

Daily Telegraph, 15th September 2011


Kettled British woman takes case to European court of human rights – The Guardian

Posted September 14th, 2011 in demonstrations, detention, human rights, news, police by tracey

“A case that will decide the legality of the police containment tactic of kettling is to be heard at the European court of human rights in Strasbourg later.”

Full story

The Guardian, 14th September 2011


‘Deaths in custody’ corporate manslaughter crime created – BBC News

Posted September 1st, 2011 in corporate manslaughter, death in custody, detention, news, police by sally

“Police and other authorities can now be prosecuted over deaths in custody in England, Scotland and Wales.”

Full story

BBC News, 1st September 2011


‘Sentencing frenzy’ will fill prisons within weeks – The Independent

Posted August 30th, 2011 in detention, news, prisons, proportionality, sentencing, violent disorder by sally

“The leader of Britain’s prison governors accused magistrates of indulging in a sentencing ‘feeding frenzy’ as prisons near capacity. Eoin McLennan-Murray, president of the Prison Governors Association (PGA), said courts had shown ‘naked popularism’ in meting out tough justice after the riots.”

Full story

The Independent, 28th August 2011


Locked-up asylum seeker in line for damages despite series of crimes – Daily Telegraph

Posted August 26th, 2011 in asylum, damages, deportation, detention, judicial review, news by sally

“A failed asylum seeker who committed more than 25 crimes within six years of arriving in the UK is in line for ‘substantial’ damages after a judge ruled he had been unlawfully detained by immigration authorities.”

Full story

Daily Telegraph, 26th August 2011


Is a new asylum facility simply child detention under another name? – The Guardian

Posted August 24th, 2011 in asylum, charities, children, detention, news by sally

“A new ‘pre-departure accommodation centre’ is expected to open its doors to failed asylum seekers and their children next week. The converted special needs school in Pease Pottage, West Sussex, will house families for up to a week, before they are forcibly removed from the UK. The new facility follows the closure of the family unit of the controversial Yarl’s Wood immigration removal centre, in Bedfordshire. The UK Border Agency (UKBA) insists that the Pease Pottage ‘family-friendly’ accommodation will only be used ‘as a last resort where families resolutely fail to comply [to leave the UK?]’.”

Full story

The Guardian, 23rd August 2011


England riots: 1,400 suspects have appeared in court – BBC News

Posted August 23rd, 2011 in bail, detention, news, police, violent disorder by sally

“More than 1,400 people have appeared in court in connection with the riots that spread across England’s towns and cities two weeks ago, new figures show.”

Full story

BBC News, 23rd August 2011


In re W (A Child) (Abduction: Contempt) – WLR Daily

Posted August 23rd, 2011 in appeals, child abduction, contempt of court, detention, law reports by sally

In re W (A Child) (Abduction: Contempt) [2011] WLR (D) 277

“Where a father repeatedly flouted court orders that he disclose the whereabouts of his child, who had been abducted and was believed to be abroad, it was open to the court to impose repeated terms of imprisonment for contempt the cumulative duration of which ostensibly exceeded the two-year term identified in section 14(1) of the Contempt of Court Act 1981.”

WLR Daily, 17th August 2011


Riots: Metropolitan police planned to hold all suspects in custody – The Guardian

Posted August 23rd, 2011 in bail, detention, judicial review, news, police, violent disorder by sally

“Senior Metropolitan police officers devised a policy of holding all people arrested on riot-related offences in custody and recommending that the courts also refuse bail after they were charged, according to a leaked ‘prisoner processing strategy’ that lawyers argue could pave the way for a mass legal challenge.”

Full story

The Guardian, 22nd August 2011


Related link: Operation Withern’s prisoner processing strategy

Revealed: the full picture of sentences handed down to rioters – The Guardian

Posted August 19th, 2011 in detention, news, sentencing, statistics, violent disorder by sally

“The courts are handing down prison sentences to convicted rioters that are on average 25% longer than normal, according to an exclusive Guardian analysis of 1,000 riot-related cases dealt with so far by magistrates.”

Full story

The Guardian, 18th August 2011


England riots: how do judges go about sentencing young offenders? – The Guardian

Posted August 18th, 2011 in detention, news, sentencing, violent disorder, young offenders by sally

“It is axiomatic that judicial discretion is at the heart of a humane criminal justice system but unbridled discretion can lead to discrimination, injustice and disproportionality – as we are learning. But, sentencing offenders, particularly juveniles, is a demanding and complex business. It is beset with the conflicting aims and ideals of the system itself, let alone the variety and nature of the offences and offenders. As criticism grows of some sentences imposed on convicted rioters, it is useful to examine how judges arrive at their decisions.”

Full story

The Guardian, 17th August 2011


UK riots: bang ’em up? Maybe, but at what cost to everyone? – The Guardian

“Our prisons are already bursting at the seams. More constructive would be restorative justice, writes Erwin James.”

Full story

The Guardian, 10th August 2011


Hayes v Chief Constable of Merseyside Police – WLR Daily

Posted August 2nd, 2011 in appeals, detention, law reports, wrongful arrest by sally

Hayes v Chief Constable of Merseyside Police [2011] EWCA Civ 911; [2011] WLR (D) 269

“Where a police constable had exercised the ower of summary arrest provided by section 24 of the Police and Criminal Evidence Act 1984, it had to be shown, inter alia, that the constable had actually believed that the arrest was necessary, and for a permissible reason, and that objectively that belief was reasonable.”

WLR Daily, 29th July 2011


Banned activist Sheikh Raed Salah to remain on bail – BBC News

Posted July 27th, 2011 in bail, deportation, detention, inciting racial hatred, Islam, Israel, news by tracey

“An appeal judge has said a leading Israeli Arab activist, who was detained in London on the home secretary’s orders, should remain on bail pending the outcome of legal proceedings.”

Full story

BBC News, 27th July 2011


Consultation on secure estate for young offenders – Ministry of Justice

Posted July 20th, 2011 in consultations, detention, press releases, young offenders by tracey

“A public consultation on the future shape of the youth secure estate was launched today by the Ministry of Justice and the Youth Justice Board.”

Full press release

Ministry of Justice, 19th July 2011


New terrorism laws are ‘flawed,’ watchdog says – Daily Telegraph

Posted July 19th, 2011 in detention, news, stop and search, terrorism by tracey

“A new system for extending detention before charge could result in the collapse of terrorist trials, the new independent watchdog has warned.”

Full story

Daily Telegraph, 18th July 2011


Police (Detention and Bail) Act 2011 –

Posted July 14th, 2011 in bail, detention, legislation, police by tracey

Police (Detention and Bail) Act 2011 published

Full text of Act


Police bail debate raises legal eyebrows – The Guardian

Posted July 7th, 2011 in bail, bills, detention, legislation, news, stay of execution, Supreme Court by sally

“The supreme court seemed to be exercising powers it does not have when it offered to consider suspending the bail ruling”

Full story

The Guardian, 6th July 2011