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

COVID-19 and Immigration Bail Applications – One Pump Court

‘Whilst the current pandemic has affected us all, those in detention are impacted in particularly harmful ways. Visits to immigration removal centres have been suspended, and those with COVID-19 symptoms are effectively placed in solitary confinement. The Council of Europe’s Commissioner for Human Rights has called for immigration detainees to be released, as many States have had to suspend removals and it is unclear when these might be resumed. The primary goal of immigration detention is to effect removal, and so continued detention as such may seem arbitrary.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

COVID-19 and Prisons: The Coronavirus Restricted Temporary Release Scheme, Pregnant Prisoners and Children in Custody – One Pump Court

‘COVID-19 is a dangerous reality for prisoners. As of 18 April 2020, confirmed cases of COVID-19 have been reported in over half of prisons in England and Wales. There have been 13 suspected COVID-19 deaths among prisoners[1]. Amongst this wider concern, those who are pregnant and children in custody may be particularly anxious during this unprecedented time.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

Challenging immigration detention in the COVID-19 pandemic – Landmark Chambers

‘Perhaps the first significant issue arising out of the COVID-19 pandemic to come before the Administrative Court has been the question of the continued legality of immigration detention in the face of the risks and practical difficulties arising from the crisis. The pandemic raises two stark issues affecting the legality of immigration detention; on the one hand, that detainees may face an increased risk of infection by reason of the “congregate” setting of detention centres, and on the other that removals in the short term will be impossible and that the prospects of removal are at best uncertain even in the medium term.’

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Landmark Chambers, 15th April 2020

Source: www.landmarkchambers.co.uk

European Court of Human Rights to Consider Impact of Covid-19 – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, detention, drug offences, health, human rights, imprisonment, news by sally

‘The applicant in Hafeez is a sixty-year old man with a number of health conditions, including diabetes and asthma. He was arrested pursuant to a request by the US Government for his extradition on drugs charges. He challenges the decision to extradite him, arguing that his pre-conviction and post-conviction detention conditions in the US would be inhuman and degrading; and that there is a real risk that he would be sentenced to life imprisonment without the possibility of parole.’

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UK Human Rights Blog, 18th April 2020

Source: ukhumanrightsblog.com

Mental Health Law Update – Devon Chambers

Posted April 20th, 2020 in appeals, chambers articles, detention, mental health, news by sally

‘Ironically, in terms of its timing, on the day the country went into lockdown, the Upper Tribunal took a decision which will have a significant impact for those seeking to challenge restrictions on their liberty under the Mental Health Act 1983. This case originated in Cornwall and the solicitors were Conroys Solicitors of Truro. Sally Daulton of Devon Chambers represented the patient before the First-tier Tribunal and obtained leave to appeal. Before the Upper Tribunal, the patient was represented by Robert Pezzani and Stephen Simblet QC of Garden Court Chambers’ Civil Liberties Team.’

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Devon Chambers, April 2020

Source: www.devonchambers.co.uk

Home Secretary may not detain on basis of invalid deportation decision – UK Human Rights Blog

‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Up to 4,000 inmates to be temporarily released in England and Wales – The Guardian

‘As many as 4,000 prisoners in England and Wales are to be temporarily released from jail in an effort to try and control the spread of coronavirus, the government has announced.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

High court rejects call to free 736 detainees at risk from coronavirus – The Guardian

‘The high court has rejected calls to free hundreds of immigration detainees who, lawyers and human rights activists say, are at risk from Covid-19 while behind bars.’

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The Guardian, 26th March 2020

Source: www.theguardian.com

False imprisonment: common ground? – No. 5 Chambers

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

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No. 5 Chambers, 16th March 2020

Source: www.no5.com

How far do the government’s new emergency powers go? – The Guardian

‘A new government bill that brings sweeping new powers to shut down mass gatherings, potentially detain people with coronavirus symptoms and weaken the social care safety net is being rushed through parliament. The Guardian’s Peter Walker explains what is at stake.’

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The Guardian, 24th March 2020

Source: www.theguardian.com