Category: detention

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] – WLR Daily

Posted May 26th, 2011 in deportation, detention, immigration, law reports, Supreme Court by sally

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] [2011] UKSC 23; [2011] WLR (D) 175

“In addition to complying with the statutory requirements for detaining a foreign national who was awaiting deportation from the United Kingdom, the Secretary of State was also required to comply with the published Home Office policy relating to the detention of such persons. A failure to conduct regular reviews as required by the published policy rendered the continued detention of a foreign national unlawful so as entitle him to damages for false imprisonment.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Home Office falsely imprisoned sex offender – The Guardian

Posted May 25th, 2011 in detention, false imprisonment, immigration, news by sally

“The Home Office falsely imprisoned a convicted sex offender in immigration detention for two years because of a failure to carry out regular reviews, a court has ruled.”

Full story

The Guardian, 25th May 2011

Source: www.guardian.co.uk

Extending terrorists’ detention to 28 days will have to be done without knowing details – Daily Telegraph

Posted May 17th, 2011 in detention, news, parliament, terrorism by sally

“Parliament will be forced to vote on extending the pre-charge detention of terrorism suspects to 28 days without knowing the details of the cases involved, the Home Secretary has said.”

Full story

Daily Telegraph, 16th May 2011

Source: www.telegraph.co.uk

Extra terror detention move backed – The Independent

Posted April 27th, 2011 in detention, news, terrorism by sally

“The need for powers to hold terror suspects for more than 14 days in the future cannot be ruled out, the country’s top prosecutor said today.”

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The Independent, 26th April 2011

Source: www.independent.co.uk

Private prisons illegally restrain children – The Independent

Posted April 26th, 2011 in children, detention, news, prisons, restraint, young offenders by sally

“Juveniles in private prisons are at risk of serious injury or death through the use of illegal restraints, according to research by the penal reform charity the Howard League.”

Full story

The Independent, 25th April 2011

Source: www.independent.co.uk

Civilian police worker who threw scalding water over prisoner is jailed – The Guardian

Posted April 11th, 2011 in detention, grievous bodily harm, news, police, sentencing by sally

“A civilian police worker has been jailed for three years for throwing scalding water over a prisoner in a police station cell.”

Full story

The Guardian, 8th April 2011

Source: www.guardian.co.uk

Sentencing plans ‘would not reflect severity of crimes’ – BBC News

Posted April 7th, 2011 in detention, guilty pleas, news, sentencing by sally

“Planned reforms to sentencing policy could lead to criminals spending too little time behind bars, according to several top judges.”

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BBC News, 7th April 2011

Source: www.bbc.co.uk

UK Uncut arrests threaten future protests, lawyer warns – The Guardian

Posted March 30th, 2011 in criminal damage, demonstrations, detention, news, police, trespass by sally

“A lawyer at a leading civil liberties firm has expressed fears for the future of direct action protest after the mass arrest of UK Uncut activists during last Saturday’s anti-cuts demonstrations in London.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Drug runners to avoid prison under sentencing guidelines – Daily Telegraph

Posted March 30th, 2011 in detention, drug offences, drug trafficking, news, sentencing by sally

“Drug runners and small–scale dealers could escape prison even if caught with a 50–gram bag of cocaine or heroin or dozens of Ecstasy pills, under planned new guidance for courts.”

Full story

Daily Telegraph, 28th March 2011

Source: www.telegraph.co.uk

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

Posted March 25th, 2011 in damages, deportation, detention, false imprisonment, law reports by sally

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;;  [2011] WLR (D)  100

 “The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

Posted March 11th, 2011 in appeals, deportation, detention, law reports by sally
“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Youth Justice Board commits to improve practice in response to children and young people’s views – Youth Justice Board

Posted March 1st, 2011 in detention, news, reports, young offenders, Youth Justice Board by sally

“The routine use of full searches will stop across the secure estate, there will be a review of the criteria used to separate young people in custody to manage problems that arise, complaints will be handled more fairly and effectively and work will be undertaken with the National Offender Management Service (NOMS) and the Samaritans to improve the young people’s access to helpline services.”

Full story

Youth Justice Board, 1st March 2011

Source: www.yjb.gov.uk

How Protection of Freedoms Bill will work – BBC News

Posted March 1st, 2011 in bills, closed circuit television, criminal records, detention, DNA, local government, news by sally

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

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BBC News, 1st March 2011

Source: www.bbc.co.uk

Guardian Focus podcast: The indefinite detention of foreign prisoners – The Guardian

Posted February 26th, 2011 in deportation, detention, human rights, immigration, podcasts by sally

“Hundreds of foreign prisoners are held indefinitely after they have served their criminal sentences. Harriet Grant investigates.”

Full story

The Guardian, 25th February 2011

Source: www.guardian.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 18th, 2011 in community care, detention, law reports, local government, mental health by sally
“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Amnesty condemns Guantanamo UK Shaker Aamer case – BBC News

Posted February 14th, 2011 in detention, news, terrorism by sally

“The continued holding of the last British resident at Guantanamo Bay is making a ‘mockery of justice’, human rights campaigners have said.”

Full story

BBC News, 12th February 2011

Source: www.bbc.co.uk

Government forced to make statement on detention of terror suspects – The Guardian

Posted January 21st, 2011 in detention, news, terrorism by sally

“Minister confirms government will not extend power to detain terror suspects for up to 28 days without charge when it lapses on Monday after urgent question by Ed Balls.”

Full story

The Guardian, 20th January 2011

Source: www.guardian.co.uk

Theresa May allows 28-day limit on detaining terror suspects without charge to lapse – The Guardian

Posted January 20th, 2011 in control orders, detention, news, terrorism by sally

“The home secretary, Theresa May, faces fresh embarrassment over the much-delayed review of counter-terrorism powers after the Home Office confirmed that the police power to detain terror suspects for up to 28 days without charge will lapse on midnight on Monday.”

Full story

The Guardian, 19th January 2011

Source: www.guardian.co.uk

Yarl’s Wood mother jailed without charge for a year to ‘silence’ her – The Guardian

Posted January 17th, 2011 in detention, immigration, judicial review, news by sally

“A woman who went on hunger strike in protest at her detention in the Yarl’s Wood immigration removal centre claims she has been silenced by the state after being held in a prison without charge for almost a year.”

Full story

The Guardian, 16th January 2011

Source: www.guardian.co.uk

Yarl’s Wood child detention ruled unlawful – The Guardian

Posted January 12th, 2011 in children, detention, immigration, news by sally

“A high court judge has ruled that two mothers and their children were unlawfully detained at Yarl’s Wood immigration centre after dawn raids on their homes last year.”

Full story

The Guardian, 11th January 2011

Source: www.guardian.co.uk