Indefinite Detention and the Rule of Law – UK Human Rights Blog

Posted December 13th, 2017 in deportation, detention, immigration, news, rule of law, time limits by sally

‘On 1 December 2017 an event in Temple Church with the Bar Council in collaboration with Refugee Tales, an outreach project whose aim is to see the end of indefinite immigration detention, saw an announcement of new recommendations for reform of the system of immigration detention.’

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UK Human Rights Blog, 12th December 2017

Source: ukhumanrightsblog.com

Ombudsman called in after death of 12th immigration detainee – The Guardian

Posted December 13th, 2017 in death in custody, detention, immigration, news, ombudsmen by sally

‘An investigation has been launched after the death of a 12th immigration detainee this year.’

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The Guardian, 12th December 2017

Source: www.theguardian.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

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UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Police reveal ‘unlawful’ mental health detentions – BBC News

Posted December 8th, 2017 in detention, mental health, news, police by sally

‘Police chiefs in England and Wales say they may be unlawfully detaining arrested people needing mental health care more than 2,000 times a year.’

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BBC News, 8th December 2017

Source: www.bbc.co.uk

Dramatic decline in access to legal help for immigration detainees, reports charity – Legal Voice

Posted December 7th, 2017 in detention, immigration, law centres, legal representation, news, reports by sally

‘The number of immigration detainees with no access to legal representation while in detention has tripled in the past few months, a new survey published by the immigration detention charity BID has indicated.’

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Legal Voice, 6th December 2017

Source: www.legalvoice.org.uk

Changes to police powers relating to mental health and places of safety – UK Police Law Blog

Posted December 1st, 2017 in detention, mental health, news, police by tracey

‘On 11 December 2017, significant amendments will come into force altering the power of the police to detain people who appear to be suffering from mental disorder. This blog post is intended to highlight the fact of the amendments, outline some key changes and point to sources of further information.’

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UK Police Law Blog, 29th November 2017

Source: ukpolicelawblog.com

Injustice in Immigration Detention – The Bar Council

Posted December 1st, 2017 in detention, immigration, legal representation, press releases by tracey

‘Migrants held in detention for too long with inadequate access to the courts or to legal help are among a catalogue of problems highlighted by ‘Injustice in Immigration Detention’, an independent report by Dr Anna Lindley of SOAS, published today.’

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The Bar Council, 30th November 2017

Source: www.barcouncil.org.uk

Family of woman facing deportation after 50 years in UK demand apology – The Guardian

Posted November 30th, 2017 in deportation, detention, elderly, immigration, news by tracey

‘The family of a grandmother who was sent to an immigration detention centre and threatened with deportation to Jamaica, a country she left 50 years ago when she was 10, has called on the Home Office to apologise for the treatment she has received. The case of Paulette Wilson, 61, who was detained for a week at Yarl’s Wood immigration detention centre last month, has focused attention on other UK residents, now retired, who have lived in Britain since they were in primary school, who are being pursued by the Home Office. Most had no idea that there was anything wrong with their immigration status.’

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The Guardian, 29th November 2017

Source: www.theguardian.com

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

“Places of Safety” Under the Mental Health Act 1983 – New Regulations – Garden Court Chambers

Posted November 23rd, 2017 in detention, mental health, news, police, regulations by sally

‘Changes to the powers under ss 135 and 136 of the Mental Health Act 1983 are being brought in by ss 80 – 83 of the Policing and Crime Act 2017 with effect from 11 December 2017. New regulations (Mental Health Act 1983 (Places of Safety) Regulations 2017/1036) were published on 31 October 2017, also due to come into effect on 11 December 2017.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Police face legal action over Luton airport terror detention – The Guardian

Posted November 22nd, 2017 in data protection, detention, holidays, human rights, news, police, terrorism by sally

‘A man detained by the police on his way to a holiday in Rome is bringing legal action against Bedfordshire police for breaching his human rights.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Home Office faces High Court hearing over policy on rough sleeping EEA nationals – Local Government Lawyer

‘The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

G4S orders independent review into scandal-hit immigration centre – The Guardian

Posted November 21st, 2017 in detention, immigration, news by sally

‘G4S has ordered an independent review into its running of an immigration removal centre, it has been reported, amid allegations of abuse of detainees by staff working there.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Youth prisons don’t deter criminals. They enable them – The Guardian

Posted November 21st, 2017 in children, detention, news, prisons, rehabilitation, young offenders by sally

‘Young offender institutions are cruel and counterproductive. Cressida Dick’s call for ‘harsher’ sentencing reveals her ignorance of the evidence.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by tracey

‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Yarl’s Wood immigration centre: Questions over need to detain women – BBC news

Posted November 15th, 2017 in detention, immigration, news, reports, women by tracey

‘Two-thirds of women held at an immigration removal centre are later released into the community, a watchdog report has revealed. Inspectors said the finding raised concerns about whether the women should have been detained at Yarl’s Wood, Bedfordshire, in the first place.’

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BBC news, 15th November 2017

Source: www.bbc.co.uk

‘Violent’ Somali criminal wins £80k payout for being unlawfully detained for 445 days – Daily Telegraph

‘A “prolific and violent offender” has won £78,500 damages from the Home Office for being unlawfully detained.’

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Daily Telegraph, 10th November 2017

Source: www.telegraph.co.uk

Public Law Podcast Seminar on Radicalisation Part 3: Detention – UK Human Rights Blog

Posted November 2nd, 2017 in asylum, detention, EC law, extradition, news, regulations by tracey

‘Detention and the common European Asylum System – Alasdair Henderson and Suzanne Lambert

The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For ease of reference the following three posts set out the introductions to each of the presentations and the case citations.’

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UK Human Rights Blog, 27th October 2017

Source: ukhumanrightsblog.com

Vulnerable women ‘still locked up in Yarl’s Wood immigration centre’ – The Guardian

Posted November 1st, 2017 in asylum, detention, mental health, news, women by sally

‘Severely traumatised survivors of sexual violence are being routinely locked up at the notorious Yarl’s Wood immigration detention centre, in breach of the UK government’s own policies.’

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The Guardian, 1st November 2017

Source: www.theguardian.com

Asylum seeker’s ‘traumatic’ time inside detention centre – BBC News

Posted November 1st, 2017 in asylum, detention, news by sally

‘A woman who sought asylum in the UK after she fled her abusive husband says the experience of being detained was traumatic.’

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BBC News, 1st November 2017

Source: www.bbc.co.uk