Category: detention

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

Posted April 6th, 2020 in appeals, damages, deportation, detention, immigration, judicial review, news, refugees, Supreme Court, ultra vires by sally

‘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

Posted April 6th, 2020 in coronavirus, death in custody, detention, electronic monitoring, health, health & safety, immigration, news, prison officers, prisons by sally

‘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

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘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

Posted March 26th, 2020 in coronavirus, detention, government departments, health, health & safety, human rights, immigration, news by sally

‘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

Posted March 24th, 2020 in appeals, chambers articles, compensation, detention, false imprisonment, news, Supreme Court by sally

‘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

Posted March 24th, 2020 in bills, coronavirus, detention, emergency powers, freedom of movement, government departments, news, parliament by sally

‘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

What You Need To Know About The Coronavirus Bill – Each Other

Posted March 23rd, 2020 in bills, coronavirus, detention, enforcement, immigration, news, police by sally

‘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.’

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Each Other, 20th March 2020

Source: eachother.org.uk

Home Office releases 300 from detention centres amid Covid-19 pandemic – The Guardian

Posted March 23rd, 2020 in coronavirus, detention, government departments, health, health & safety, immigration, news by sally

‘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.’

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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

Posted March 20th, 2020 in chambers articles, damages, deportation, detention, documents, false imprisonment, government departments, Iraq, mental health, news, psychiatric damage by sally

‘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.’

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Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

Coronavirus: What Happens To Prisoners? – Each Other

Posted March 20th, 2020 in codes of practice, coronavirus, detention, health, health & safety, immigration, news, prison officers, prisons by sally

‘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?’

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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

Posted March 19th, 2020 in children, detention, local government, news by sally

‘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.’

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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

Posted March 18th, 2020 in codes of practice, coronavirus, detention, health, health & safety, news, police by sally

‘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.’

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Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee resulted in his death – UK Human Rights Blog

Posted March 17th, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr Fosu’s death was avoidable and was caused by a number of gross failures on the part of the Home Office and various agencies to provide appropriate care in immigration detention at Harmondsworth Immigration Removal Centre.’

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UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

False imprisonment not synonymous with breach of right to liberty – UK Human Rights Blog

Posted March 11th, 2020 in appeals, detention, electronic monitoring, false imprisonment, government departments, human rights, immigration, news, Supreme Court by tracey

‘R (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4.In a pithy parting shot to the Home Secretary, Lady Hale has given the unanimous judgment of the Supreme Court on the question of whether a person subject to a home curfew under immigration powers had been falsely imprisoned at common law and whether that concept should now be aligned with the concept of deprivation of liberty in article 5 of the ECHR. The Court decided the case against the defendant, as did every court below (the Blog covered the Court of Appeal’s decision here). The defendant had been required to pay the claimant £4,000.’

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UK Human Rights Blog, 10th March 2020

Source: ukhumanrightsblog.com

Lincolnshire removal centre still too violent, say inspectors – The Guardian

Posted March 10th, 2020 in detention, immigration, news, self-harm, violence by tracey

‘Inspectors have discovered high levels of self-harm, violence and use of force at an immigration detention centre in Lincolnshire where one detainee had been held for more than two years.’

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The Guardian, 10th March 2020

Source: www.theguardian.com

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

Posted March 4th, 2020 in death in custody, detention, disclosure, documents, evidence, injunctions, judges, law firms, mental health, news, police, professional conduct, recusal, restraint by sally

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

Posted March 4th, 2020 in appeals, deportation, detention, government departments, immigration, judicial review, news, refugees, Supreme Court by sally

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

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UKSC Blog, 26th February 2020

Source: ukscblog.com

‘Gross failures’ contributed to man’s death in immigration centre – The Guardian

Posted March 3rd, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Neglect and a series of gross failures by the Home Office and other agencies contributed to the death of a vulnerable Ghanaian man from hypothermia, dehydration and malnutrition, an inquest jury has found.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com