Archive for the 'detention' Category

Extra terror detention move backed – The Independent

“The need for powers to hold terror suspects for more than 14 days in the future cannot be ruled out, the country’s top prosecutor said today.”

Full story

The Independent, 26th April 2011

Source: www.independent.co.uk

Private prisons illegally restrain children – The Independent

“Juveniles in private prisons are at risk of serious injury or death through the use of illegal restraints, according to research by the penal reform charity the Howard League.”

Full story

The Independent, 25th April 2011

Source: www.independent.co.uk

Civilian police worker who threw scalding water over prisoner is jailed – The Guardian

“A civilian police worker has been jailed for three years for throwing scalding water over a prisoner in a police station cell.”

Full story

The Guardian, 8th April 2011

Source: www.guardian.co.uk

Sentencing plans ‘would not reflect severity of crimes’ – BBC News

“Planned reforms to sentencing policy could lead to criminals spending too little time behind bars, according to several top judges.”

Full story

BBC News, 7th April 2011

Source: www.bbc.co.uk

UK Uncut arrests threaten future protests, lawyer warns – The Guardian

“A lawyer at a leading civil liberties firm has expressed fears for the future of direct action protest after the mass arrest of UK Uncut activists during last Saturday’s anti-cuts demonstrations in London.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Drug runners to avoid prison under sentencing guidelines – Daily Telegraph

“Drug runners and small–scale dealers could escape prison even if caught with a 50–gram bag of cocaine or heroin or dozens of Ecstasy pills, under planned new guidance for courts.”

Full story

Daily Telegraph, 28th March 2011

Source: www.telegraph.co.uk

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;;  [2011] WLR (D)  100

 “The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

How Protection of Freedoms Bill will work – BBC News

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Guardian Focus podcast: The indefinite detention of foreign prisoners – The Guardian

“Hundreds of foreign prisoners are held indefinitely after they have served their criminal sentences. Harriet Grant investigates.”

Full story

The Guardian, 25th February 2011

Source: www.guardian.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Amnesty condemns Guantanamo UK Shaker Aamer case – BBC News

“The continued holding of the last British resident at Guantanamo Bay is making a ‘mockery of justice’, human rights campaigners have said.”

Full story

BBC News, 12th February 2011

Source: www.bbc.co.uk

Government forced to make statement on detention of terror suspects – The Guardian

“Minister confirms government will not extend power to detain terror suspects for up to 28 days without charge when it lapses on Monday after urgent question by Ed Balls.”

Full story

The Guardian, 20th January 2011

Source: www.guardian.co.uk

Theresa May allows 28-day limit on detaining terror suspects without charge to lapse – The Guardian

“The home secretary, Theresa May, faces fresh embarrassment over the much-delayed review of counter-terrorism powers after the Home Office confirmed that the police power to detain terror suspects for up to 28 days without charge will lapse on midnight on Monday.”

Full story

The Guardian, 19th January 2011

Source: www.guardian.co.uk

Yarl’s Wood mother jailed without charge for a year to ‘silence’ her – The Guardian

“A woman who went on hunger strike in protest at her detention in the Yarl’s Wood immigration removal centre claims she has been silenced by the state after being held in a prison without charge for almost a year.”

Full story

The Guardian, 16th January 2011

Source: www.guardian.co.uk

Yarl’s Wood child detention ruled unlawful – The Guardian

“A high court judge has ruled that two mothers and their children were unlawfully detained at Yarl’s Wood immigration centre after dawn raids on their homes last year.”

Full story

The Guardian, 11th January 2011

Source: www.guardian.co.uk

New compassionate approach to family returns – UK Border Agency

“Yarl’s Wood immigration removal centre will close to children with immediate effect today, following a review of the detention of children and family returns by the government working with key partners.”

Full press release

UK Border Agency, 16th December 2010

Source: www.ukba.homeoffice.gov.uk

Government ready to cut terror detention limit – Daily Telegraph

“The Coalition government is preparing to cut the limit for terrorism suspects to be held before charge to 14 days — against the advice of senior lawyers — it can be disclosed.”

Full story

Daily Telegraph, 29th November 2010

Source: www.telegraph.co.uk

Half of young offenders say custody does not work – Daily Telegraph

“More than half of young offenders believe detention does nothing to stop them going back to crime, a study has revealed.”

Full story

Daily Telegraph, 18th November 2010

Source: www.telegraph.co.uk

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners – WLR Daily

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners [2010] EWHC 2797 (Admin); [2010] WLR (D) 282

“The power of detention contained in s 139(1) of the Customs and Excise Management Act 1979 was not limited to cases in which the goods in question were goods on which duty had not in fact been paid, but also covered cases in which there were reasonable grounds for suspecting that duty might not have been paid on the goods.”

WLR Daily, 5th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Child detention in immigration centres faces legal challenge – The Guardian

“A high court challenge to bring to an immediate end the detention of children in immigration removal centres was launched today.”

Full story

The Guardian, 26th October 2010

Source: www.guardian.co.uk

Millions paid in compensation to migrants locked up in UK – The Guardian

“Millions of pounds in compensation is being paid to migrants who have been traumatised after being locked up in detention centres across the UK, the Guardian has learned.”

Full story

The Guardian, 26th September 2010

Source: www.guardian.co.uk

Iranian diplomatic impasse leads to damages ruling – The Independent

“Two iranian nationals are to receive compensation from the Government after a judge decided that both had been unlawfully detained while awaiting deportation for criminal convictions.”

Full story

The Independent, 23rd September 2010

Source: www.independent.co.uk

Government climbdown on detention of children in immigration centres – The Guardian

“Immigration minister Damian Green announces intention to ‘minimise’ detention of children rather than end practice.”

Full story

The Guardian, 9th September 2010

Source: www.guardian.co.uk

Innovative rehabilitation pilot – Ministry of Justice

“A young offenders institute in Reading is piloting a scheme that aims to reduce reoffending and anti-social behaviour among young offenders.”

Full story

Ministry of Justice, 21st July 2010

Source: www.justice.gov.uk

McKinnon ‘could serve time in British jail’ – The Independent

“David Cameron raised the prospect today that computer hacker Gary McKinnon could serve some of any US-imposed sentence in a British jail after raising the issue with US president Barack Obama at the White House.”

Full story

The Independent, 21st July 2010

Source: www.independent.co.uk

Al-Jedda v Secretary of State for Defence – WLR Daily

Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182

“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”

WLR Daily, 14th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Theresa May averts fight over 28-day detention with call for renewal – The Guardian

“Theresa May, the home secretary, today sidestepped an early confrontation with Liberal Democrat and Tory backbenchers by telling MPs that the measure allowing terror suspects to be held for 28 days before charge should be temporarily renewed for six months.”

Full story

The Guardian, 24th June 2010

Source: www.guardian.co.uk

Yarl’s Wood staff criticised for poor investigation into child sex case – The Guardian

“Social workers failed to properly investigate a case of two five-year-old boys found engaging in sexual activity at Yarl’s Wood detention centre and concerns an older child may have abused one of them, an official report found today.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Update on child detention – UK Border Agency

“The government is committed to ending the detention of children for immigration purposes. We can announce that Immigration Minister Damian Green will be leading a wide-ranging review to achieve this, setting out plans in the coming months.”

Full press release

UK Border Agency, 15th May 2010

Source: www.ukba.homeoffice.gov.uk

Border agency breaking rules over detention of children in Yarl’s Wood

“Children in Yarl’s Wood detention centre will still suffer until the UK Border Agency abides by the law.”

Full story

The Guardian, 20th May 2010

Source: www.guardian.co.uk

IPCC clear police over Thames Valley death – BBC News

“Thames Valley Police has been cleared of misconduct after a Buckinghamshire woman who was taken into custody killed herself a day after being released.”

Full story

BBC News, 13th May 2010

Source: www.bbc.co.uk

England fan extradited to Portugal to serve jail term – The Independent

“An England football fan who was convicted after a riot during the Euro 2004 tournament will be extradited to Portugal today to serve a two-year jail sentence.”

Full story

The Independent, 12th May 2010

Source: www.independent.co.uk

Muuse v Secretary of State for the Home Department – WLR Daily

Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108

“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Yarl’s Wood detained baby for 100 days, damning report reveals – The Guardian

“A baby spent 100 days in detention in Yarl’s Wood immigration removal centre, the chief inspector of prisons discloses in a highly critical report published tomorrow.”

Full story

The Guardian, 24th March 2010

Source: www.guardian.co.uk

Court allows judicial review over Yarl’s Wood detention – The Guardian

“Lawyers have been granted permission to challenge the government’s detention policy, which they claim amounts to ‘cruel, inhumane and degrading’ treatment of women and children.”

Full story

The Guardian, 20th March 2010

Source: www.guardian.co.uk

Officials failed to investigate asylum detainee abuse claims – report – The Guardian

“The UK Border Agency has failed to properly investigate claims of mistreatment by failed asylum seekers, including a woman handcuffed while undergoing a biopsy on a breast lump, according to an official inquiry report published today.”

Full story

The Guardian, 12th March 2010

Source: www.guardian.co.uk

£140,000: the annual cost of jailing a young criminal – The Guardian

“Jailing one young criminal costs the taxpayer as much as £140,000 a year, a report says today. Locking up young offenders makes them more likely to commit further crimes and be unemployed later in life, the New Economics Foundation says.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Legal challenge over Yarl’s Wood women – The Guardian

“Lawyers are due to launch a legal challenge today on behalf of four women held at Yarl’s Wood detention centre, claiming their incarceration amounts to ‘cruel, inhumane and degrading’ treatment that breaches their human rights.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Home Office to opt out of asylum claims EU directive – The Guardian

“Home Office ministers are to opt out of a European directive which lays down minimum standards for the treatment of asylum claims because it would mean abandoning a fast-track process that leads to hundreds of asylum seekers being detained every year.”

Full story

The Guardian, 24th February 2010

Source: www.guardian.co.uk

Yarl’s Wood children face ‘extreme distress’, report reveals – The Guardian

“Children held at an immigration detention centre face ‘extremely distressing’ arrest and transportation procedures, and are subjected to prolonged and sometimes repeated periods of detention, according to a damning report by the Children’s Commissioner.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Blaenavon woman jailed after dog injunction – BBC News

“A woman who breached an injunction banning her from keeping dogs at her home has been handed a prison sentence.”

Full story

BBC News, 11th February 2010

Source: www.bbc.co.uk

R (Degainis) v Secretary of State for Justice – WLR Daily

R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24

 “When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk 

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cell coma man was ‘failed by police’ IPCC report finds – BBC News

“A call has been made for a public inquiry to examine the case of a man left with a brain injury after being found in a coma in police custody.”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

Family wins £100,000 for detention ordeal – The Guardian

“A refugee has won a settlement of £100,000 from the Home Office after it admitted falsely imprisoning her and her children at an immigration detention centre.”

Full story

The Guardian, 29th January 2010

Source: www.guardian.co.uk

The end of innocence: Inside Britain’s child prisons – The Independent

“Paul Vallely: As the Edlington ‘torture boys’ face sentencing for horrifying violence, can secure children’s homes ever offer redemption?”

Full story

The Independent, 21st January 2010

Source: www.independent.co.uk

Detaining children in Britain: No place for the innocent – The Independent

“What kind of country drags vulnerable children from their beds at daybreak, puts them behind bars and fills them with terror? Paul Vallely meets a family who have endured this horror – in Britain. And they’re not alone.”

Full story

The Independent, 12th January 2010

Source: www.independent.co.uk

MoD ‘did not want to breach privacy of detainee’ – The Independent

“The Government misled MPs over Britain’s role in the rendition of two men arrested by the UK and then imprisoned by the Americans for five years in Afghanistan, it is claimed today.”

Full story

The Independent, 7th December 2009

Source: www.independent.co.uk

Secrecy bid over detainees’ case – BBC News

“Lawyers for MI5 and MI6 have launched an unprecedented attempt to stop secret material being disclosed during a case brought by ex-Guantanamo Bay detainees.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk

Goldsmith critical of Guantanamo policy – The Independent

“Tony Blair’s former law chief has attacked the British Government for undermining Barack Obama’s efforts to close Guantanamo Bay.”

Full story

The Independent, 8th October 2009

Source: www.independent.co.uk

Binyam Mohamed: I will fight for other prisoners – The Independent

“Binyam Mohamed, the former Guantanamo detainee, has reversed a decision to stay out of the public eye by signalling his determination to campaign for justice for prisoners at the American detention camp and highlight the lifelong effects of torture he suffered at the hands of his interrogators.”

Full story

The Independent, 31st August 2009

Source: www.independent.co.uk

Criminals awaiting deportation net £500,000 – The Independent

“Foreign criminals awaiting deportation have been handed some £500,000 in compensation since April last year, it has been revealed.”

Full story

The Independent, 22nd July 2009

Source: www.independent.co.uk

Pakistani students launch legal action over arrests – The Independent

“Janas Khan, one of two Pakistani students released from prison yesterday months after terrorism charges against them were dropped, has told The Independent on Sunday he was ‘shocked and angry’ at his treatment by the UK Government. Lawyers acting for the remaining seven Pakistani students still held in prison have also announced they will launch a legal challenge against the Government this week.”

Full story

The Independent, 19th July 2009

Source: www.independent.co.uk

R (Allen) v Inner North London Coroner – WLR Daily

R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219

“An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to life.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Doubts over 28-day detention – The Guardian

“Parliament’s joint committee on human rights has withheld its backing for government attempts to renew police powers to detain terrorism suspects without charge for up to 28 days, saying it breaches human rights agreements.”

Full story

The Guardian, 23rd June 2009

Source: www.guardian.co.uk


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