Category: bail

No power to grant immigration bail if no power to detain – UK Human Rights Blog

Posted February 13th, 2018 in appeals, bail, detention, immigration, news, Supreme Court by sally

‘On 8th February 2018, the Supreme Court held that the power to grant bail and impose bail conditions in respect of a person pending deportation ceases to be lawful if there is no legal basis for detaining that person. The power to impose bail conditions is inextricably linked to the power of detention. Once the Home Secretary ceases to have the power to detain a person under immigration law, she can’t then impose conditions on that person’s freedom through bail conditions.’

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UK Human Rights Blog, 13th February 2018

Source: ukhumanrightsblog.com

Julian Assange saga: judge to rule on arrest warrant – The Guardian

Posted February 13th, 2018 in bail, Crown Prosecution Service, news, proportionality, warrants by sally

‘It is nearly six years since Julian Assange disguised himself as a motorcycle courier and entered the Ecuadorian embassy in London to seek political asylum. His subsequent legal battle, so vast and protracted a CPS lawyer once deemed it “like an industry in itself”, comes to a pivotal moment on Tuesday, when a judge will rule on whether the warrant for his arrest has become disproportionate.’

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The Guardian, 13th February 2018

Source: www.theguardian.com

Julian Assange arrest warrant still stands, court rules – BBC News

Posted February 7th, 2018 in bail, extradition, news, sexual offences, warrants by tracey

‘A UK warrant to arrest Wikileaks founder Julian Assange is still valid, a court has ruled.’

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BBC news, 6th February 2018

Source: www.bbc.co.uk

Court to make decision on validity of UK arrest warrant against Julian Assange – The Independent

Posted February 6th, 2018 in bail, extradition, news, warrants by tracey

‘A court decision on whether a UK arrest warrant against WikiLeaks founder Julian Assange is still valid is due on 6 February.’

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The Independent, 6th February 2018

Source: www.independent.co.uk

Woman jailed for setting bed on fire ‘killed herself in prison’ – The Guardian

Posted January 16th, 2018 in arson, bail, inquests, mental health, news, suicide by sally

‘A 21-year-old woman was found dead in prison while serving a sentence for arson after setting herself on fire, an inquest jury has heard.’

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The Guardian, 15th January 2018

Source: www.theguardian.com

UK court grants £1m bail to man arrested over Sarkozy-Gaddafi inquiry – The Guardian

Posted January 11th, 2018 in bail, extradition, news by tracey

‘A French businessman wanted for questioning in relation to an inquiry into the alleged illegal financing of Nicolas Sarkozy’s 2007 presidential election run by the late Libyan dictator Muammar Gaddafi has been granted £1m bail by the high court in London.’

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The Guardian, 10th January 2018

Source: www.theguardian.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 1) – UK Constitutional Law Association

Posted December 8th, 2017 in bail, civil servants, deportation, freedom of information, ministers' powers and duties, news by sally

‘Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some of the implications and suggests that a key constitutional principle, the separation of powers, has once again been neglected. The two cases are Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and R (Privacy International) v Investigatory Powers Tribunal (‘Privacy International’). Privacy International has received considerably more coverage than Roszkowski and is rumoured to be on the way to the Supreme Court. It has already been addressed on this blog by Thomas Fairclough and elsewhere by Mark Elliott. Roszkowski explores the implications of an important and controversial Supreme Court case, R (Evans) v Attorney General (‘Evans’) and contains some critical comment on the reasoning of Lord Neuberger in that case.’

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UK Constitutional Law Association, 8th December 2017

Source: ukconstitutionallaw.org

Closures of ageing jails on hold for five years as prison numbers soar – The Guardian

Posted October 12th, 2017 in bail, detention, imprisonment, news, prisons by sally

‘The head of the prison service has ruled out any closures over the next five years, shelving a 2017 Conservative manifesto pledge to shut down and sell off dilapidated Victorian jails across England and Wales.’

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The Guardian, 12th October 2017

Source: www.theguardian.com

Birmingham fashion designer jailed for fake Oscar-ticket fraud – BBC News

Posted September 20th, 2017 in bail, fraud, news, sentencing by sally

‘A fashion designer who duped investors into buying fake tickets to the Oscars, telling one couple they would sit on Julia Roberts’ table, has been jailed.’

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BBC News, 19th September 2017

Source: www.bbc.co.uk

28 day pre-charge bail limit comes into force – Home Office

Posted April 6th, 2017 in bail, criminal procedure, news, time limits by tracey

‘Government introduces new pre-charge bail limit of 28 days as part of the Policing and Crime Act, which comes into effect today (Monday 3 April).’

Full press release

Home Office, 3rd April 2017

Source: www.gov.uk/home-office

28-day limit on police bail comes into force in the UK – The Guardian

Posted April 3rd, 2017 in bail, human rights, news, police, proportionality, time limits by sally

‘Police will face new curbs on their use of bail from Monday after coming under severe criticism for leaving people in legal limbo for months or even years.’

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The Guardian, 3rd April 2017

Source: www.guardian.co.uk

Police bail restriction plans ‘dangerous’ – BBC News

Posted September 28th, 2016 in bail, news, police, reports, time limits by sally

‘Plans to restrict the use of bail in England and Wales for suspects who have not been charged are “dangerous”, policing experts have said.’

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BBC News, 28th September 2016

Source: www.bbc.co.uk

Families separated for immigration purposes – UK Human Rights Blog

Posted June 13th, 2016 in asylum, bail, charities, children, deportation, detention, families, immigration, legal aid, legal representation, mental health, news, passports, statistics, time limits by sally

‘Last year 32,446 people subject to immigration control in the UK were detained by the government. Some had entered the country irregularly and were quickly removed. Others were detained pending removal or deportation. More than half of them were released back into the community, meaning that their detention had served no purpose.’

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UK Human Rights Blog, 13th June 2016

Source: www.ukhumanrightsblog.com

Home Office unlawfully imposes curfew on migrant – Free Movement

Posted June 6th, 2016 in appeals, bail, deportation, immigration, news, tribunals by sally

‘Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the First Tier Tribunal, as well as those they are entitled to impose as afforded to the Home Office by statute. The Court of Appeal were clear they had no such power to do so.’

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Free Movement, 6th June 2016

Source: www.freemovement.org.uk

Thousands on the run after skipping court bail – BBC News

Posted May 11th, 2016 in bail, child abuse, drug offences, grievous bodily harm, murder, news, police, rape, sexual offences, statistics, warrants by sally

‘Thousands of suspected and convicted criminals who skipped court bail while facing charges including murder, child sex offences and rape are on the run.’

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BBC News, 11th May 2016

Source: www.bbc.co.uk

Rapist who targeted Asian women in a series of sex attacks while on bail is jailed for life – Daily Telegraph

Posted April 29th, 2016 in bail, news, rape, sentencing, sexual offences by tracey

‘A violent rapist who carried out a series of racially motivated sexual assaults on lone women while on bail has been jailed for life.’

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Daily Telegraph, 29th April 2016

Source: www.telegraph.co.uk

Former royal aide cleared of abuse calls for sacking of Met chief – The Guardian

Posted April 11th, 2016 in bail, child abuse, complaints, news, police, prosecutions, sexual offences by tracey

‘A former aide to the Duke of Edinburgh who was cleared of historical sex offences says he felt “like a lamb to the slaughter” during the case. Lt Col Benjamin Herman, 81, was acquitted last year of abusing a girl in the early 1970s, when she was aged around 11 or 12 and he was working as equerry to Prince Philip. He said his family went through “absolute hell” after he was arrested in February 2013. He spent 27 months on bail before eventually being cleared by a jury in less than an hour following a trial at Blackfriars crown court in London.’

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The Guardian, 10th April 2016

Source: www.guardian.co.uk

Manchester sex workers’ rights case collapses after five years – The Guardian

Posted March 30th, 2016 in bail, drug offences, evidence, health, human rights, miscarriage of justice, news, police, prosecutions, prostitution by sally

‘A court case that would have tested the right of sex workers to offer services together in brothels to protect themselves has collapsed after a police officer refused to give evidence.’

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The Guardian, 29th March 2016

Source: www.guardian.co.uk

Family member of EU national awarded £136,000 damages against Home Office – Free Movement

Posted March 30th, 2016 in appeals, bail, damages, delay, detention, EC law, false imprisonment, families, immigration, judicial review, news by sally

‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’

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Free Movement, 30th March 2016

Source: www.freemovement.org.uk

Early guilty pleas: Justice for whom? – UK Human Rights Blog

Posted February 15th, 2016 in bail, budgets, codes of practice, consultations, costs, criminal justice, guilty pleas, human rights, jurisdiction, miscarriage of justice, news, plea bargaining, prosecutions, sentencing by sally

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

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UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com