Coronavirus: UK detention centres ’emptied in weeks’ – BBC News
‘The number of people held in UK immigration removal centres has dropped by more than two thirds during the pandemic, figures reveal.’
BBC News, 7th May 2020
Source: www.bbc.co.uk
Category: detention
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.’
The Guardian, 6th May 2020
Source: www.theguardian.com
COVID-19 and Immigration Detention – UK Human Rights Blog
‘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.’
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.’
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.’
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.’
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
‘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.’
UK Human Rights Blog, 18th April 2020
Source: ukhumanrightsblog.com
Mental Health Law Update – Devon Chambers
‘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.’
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.
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.’
The Guardian, 4th April 2020
Source: www.theguardian.com
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.’
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.’
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.’
The Guardian, 24th March 2020
Source: www.theguardian.com
What You Need To Know About The Coronavirus Bill – Each Other
‘The Emergency Coronavirus Bill will grant police, immigration officers and public health officials new powers to detain “potentially infectious persons” and put them in isolation facilities.’
Each Other, 20th March 2020
Source: eachother.org.uk
Home Office releases 300 from detention centres amid Covid-19 pandemic – The Guardian
‘The Home Office has released almost 300 people from detention centres in the last few days because of the Covid-19 pandemic, the Guardian has learned.’
The Guardian, 21st March 2020
Source: www.theguardian.com
Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers
‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’
Garden Court Chambers, 2nd March 2020
Source: www.gardencourtchambers.co.uk
Coronavirus: What Happens To Prisoners? – Each Other
‘The UK government has urged the country to maintain “social distancing” as the coronavirus death toll rises. How does this work for the more than 83,000 people in Britain’s often overcrowded prisons?’
Each Other, 19th March 2020
Source: eachother.org.uk
Council defends challenge over provision of secure accommodation for children at risk of being detained by police – Local Government Lawyer
‘Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.’
Local Government Lawyer, 17th March 2020
Source: www.localgovernmentlawyer.co.uk
COVID-19: Managing health and risk whilst in police custody – Law Society’s Gazette
‘At the time of this article, according to officials, the criminal justice system continues to operate “as normal”. Whilst it is to be expected that non-essential trials will likely be delayed, certain components of the justice system cannot simply be deferred – crime happens no less in times of pandemic. Police custody is one such area where the wheels will need to continue to turn regardless of COVID-19.’
Law Society's Gazette, 18th March 2020
Source: www.lawgazette.co.uk
