Vulnerable people left without access to solicitors during Covid – Legal Futures

‘Some of the most vulnerable people have been left isolated and without proper access to solicitors because of the official response to the Covid-19 crisis, according to a report from the Law Society.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

For Black Lives To Matter In The UK, Our Deportation Laws Need Reform – Each Other

Posted September 22nd, 2020 in deportation, detention, human rights, minorities, news, race discrimination, sentencing by sally

‘Black Lives Matter. This was the refrain heard throughout this summer’s protests seeking to condemn and draw attention to disproportionate black deaths in both American and British state custody.’

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Each Other, 21st September 2020

Source: eachother.org.uk

High Court dismisses challenge to conditions at Brook House Immigration Removal Centre – an extended look – EIN Blog

Posted September 10th, 2020 in detention, human rights, immigration, news, religious discrimination by sally

‘In Soltany and Others v SSHD [2020] EWHC 2291 (Admin), the High Court dismissed a challenge to the conditions at Brook House Immigration Removal Centre (IRC), which at the material times in 2017 and 2018, was run by G4S.’

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EIN Blog, 10th September 2020

Source: www.ein.org.uk

Custody time limit to be increased to ease court case backlog in England – The Guardian

Posted September 7th, 2020 in coronavirus, courts, delay, detention, news, time limits, trials by sally

‘Unconvicted defendants awaiting trial in prison face longer stints behind bars, as ministers plan to increase custody time limits to ease the pressure of a rising backlog of court cases, the Guardian understands.’

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The Guardian, 6th September 2020

Source: www.theguardian.com

Watchdog exposes ‘unacceptable’ treatment of children in English court cells – The Guardian

‘Children with Down’s syndrome and autism were among those left for hours in court cells while they waited for legal representation or transport, a custody watchdog has revealed in a damning report.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

Controversial immigration detention centre in Lincolnshire to close – The Guardian

Posted July 23rd, 2020 in detention, immigration, news, prisons, reports, self-harm, violence by sally

‘A controversial immigration detention centre where several deaths have occurred in recent years is to close.’

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The Guardian, 23rd July 2020

Source: www.theguardian.com

Detention of a minor for his own protection – UK Human Rights Blog

Posted July 15th, 2020 in detention, gangs, news, offensive weapons, police, violent disorder, young offenders by tracey

‘The High Court recently dismissed a claim of incompatibility with Article 5 ECHR arising from a detention of a minor for his own protection in the case of Archer v Commissioner of Police of the Metropolis [2020] EWHC 1567 (QB).’

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UK Human Rights Blog, 14th July 2020

Source: ukhumanrightsblog.com

Prisons watchdog finds children ‘routinely handcuffed’ – BBC News

‘Detainees, including children, are still being routinely handcuffed in custody in a practice described as “inappropriate and very concerning”.’

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BBC News, 1st July 2020

Source: www.bbc.co.uk

Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth) – 5SAH

Posted June 23rd, 2020 in coronavirus, detention, extradition, habeas corpus, news, time limits, warrants by sally

‘This case concerns the impact of the coronavirus (COVID19) pandemic on the execution of European Arrest Warrants (EAWs). Extradition is presently impossible due to travel restrictions that have been imposed across Europe. The judgment considered the legality of repeated short-term extensions to the ten-day period in which extradition on an EAW must take place. Under Article 23 of the Framework Decision, extradition can be lawfully postponed where there are serious humanitarian reasons to do so, or where removal is prevented by circumstances beyond the control of any Member State. The court held that the coronavirus pandemic is capable of satisfying either criteria. A requested person is not entitled to be notified of any application to extend the extradition period, or to make representations at a hearing. However, in the present circumstances it is good practice to notify a requested person of any extension and to allow them access to legal representation.’

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5SAH, 23rd June 2020

Source: www.5sah.co.uk

Pain-inducing restraint in child custody must be exception – MoJ review – The Guardian

‘Pain-inducing restraint techniques should only be used on children in custody as an “absolute exception” to save life or prevent serious harm, a long-awaited review has concluded, though it has stopped short of calling for an outright ban.’

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The Guardian, 19th June 2020

Source: www.theguardian.com

Equalities watchdog to investigate hostile environment policy – The Guardian

‘The Home Office is being investigated over whether it breached equality law when it introduced the “hostile environment” immigration measures that caused catastrophic consequences for thousands of Windrush generation residents living legally in the UK.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act

Posted June 12th, 2020 in chambers articles, damages, detention, human rights, news, ultra vires by sally

‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’

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UK Human Rights Act, 11th June 2020

Source: ukhumanrightsblog.com

Telling my brother’s Windrush scandal story as a TV drama – BBC News

Posted June 11th, 2020 in citizenship, colonies, compensation, deportation, detention, immigration, news by sally

‘Anthony Bryan had lived and worked in Britain for 50 years when he was suddenly detained and almost deported.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk

Covid causes child detention crisis, and a ‘timebomb’ in adult prisons – The Guardian

‘Serious concerns are emerging over the treatment of children in custody during the coronavirus pandemic, after evidence that some have been spending as little as 40 minutes a day out of their cell.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

New Judgment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

Posted May 14th, 2020 in detention, news, Northern Ireland, Supreme Court, terrorism by sally

‘Under the Detention of Terrorists (Northern Ireland) Order 1972, art 4 an Interim Custody Order was made where the Secretary of State considered that an individual was involved in terrorism. On foot of an ICO, the person was taken into custody and had to be released within 28 days, unless the Chief Constable referred the matter to the Commissioner, who had the power to make a detention order if satisfied that the person was involved in terrorism.’

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UKSC Blog, 13th May 2020

Source: ukscblog.com

Immigration Law Update May 2020 – 4 King’s Bench Walk

‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’

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4 King's Bench Walk, 5th May 2020

Source: www.4kbw.co.uk

Children in prison during the COVID-19 pandemic – practitioners guides – Garden Court Chambers

Posted May 7th, 2020 in chambers articles, children, coronavirus, detention, news by sally

‘Kate Aubrey-Johnson of the Garden Court Criminal Defence Team and Dr Laura Janes of The Howard League for Penal Reform, have prepared a practitioner’s guide on ending the detention of children during the COVID-19 lockdown period.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Coronavirus: UK detention centres ’emptied in weeks’ – BBC News

Posted May 7th, 2020 in coronavirus, detention, immigration, news, statistics by sally

‘The number of people held in UK immigration removal centres has dropped by more than two thirds during the pandemic, figures reveal.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

COVID-19 and Immigration Detention – UK Human Rights Blog

Posted May 1st, 2020 in coronavirus, detention, health, health & safety, immigration, news by sally

‘At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants and immigration detention, which can only be in accordance with one of the statutory powers (the majority of which are contained in the Immigration Act 1971 and the Immigration and Asylum Act 2002), and is allowed in the interests of maintaining effective immigration control, for example, to effect removal; to establish a person’s identity or the basis of their immigration claim; or where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail.’

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UK Human Rights Blog, 30th April 2020

Source: ukhumanrightsblog.com