Detention Centres in UK Law

Leading Cases
  • R (SK (Zimbabwe)) v Secretary of State for the Home Department
    • Supreme Court
    • 25 Maio 2011

    I agree with these observations, but I would prefer to apply them to the system of review that is set out in the policy rather than to the system required by rule 9(1). This is because it seems to me that the 2001 Rules are concerned with the regulation and management of detention centres, not with the way the discretion to detain is exercised.

  • Raymond v Honey
    • House of Lords
    • 04 Março 1982

    In my opinion, there is nothing in the Prison Act 1952 that confers power to make regulations which would deny, or interfere with, the right of the respondent, as a prisoner, to have unimpeded access to a court. Section 47, which has already been quoted, is a section concerned with the regulation and management of prisons and, in my opinion, is quite insufficient to authorise hindrance or interference with so basic a right.

  • R v Board of Visitors of Hull Prison, ex parte St Germain
    • Court of Appeal (Civil Division)
    • 03 Outubro 1978

    Section 47 of the Prison Act, 1952 , deals with what the rubric describes as "rules for the management of prisons and other institutions". Sub-section (l) reads: "The Secretary of State may make rules for the regulation and management of prisons, remand centres, detention centres and Borstal institutions respectively, and for the classification, treatment, employment, discipline and control of persons required to be detained therein".

  • JB(Torture and III treatment - Article 3)
    • Immigration Appeals Tribunal
    • 24 Fevereiro 2003

    Mr Buckley conceded that the appellant was reasonably likely to be arrested on arrival and would be subjected to interrogation. However he argued that any investigation would reveal nothing of interest to the authorities and he would therefore be safe. We are sure that the appellant will be interrogated on arrival and he is most likely to be detained pending investigation. While in detention he will be held either in one of the Detention Centres or the Prisons.

  • R Pratima Das v Secretary of State for the Home Department Mind and Another (Interveners)
    • Court of Appeal (Civil Division)
    • 28 Janeiro 2014

    The effect of mental illness on an individual does not follow as a necessary consequence of a particular diagnosis. It can vary according to its particular features, the particular characteristics and circumstances of the individual, and the treatment provided. The Royal College of Psychiatrists' position statement states (p 6) that whether mental illness is serious is a fact-sensitive question.

  • R (on the application of ZA (Pakistan)) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 06 Fevereiro 2018

    On arrival at each of these three detention centres the Claimant was seen by a staff nurse but not by a doctor though he did later see a doctor at his own request on 11 February at Harmondsworth. His full asylum interview had been initially fixed for 16 February but it was deferred at his own request to 24 February. On 22 February the Claimant's current solicitors Duncan Lewis wrote to the Defendant and, among other things, requested a further postponement of the full asylum interview.

  • R (on the application of Hagos) v Secretary of State for the Home Department (Dublin Returns - Malta) (IJR)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 30 Abril 2015

    We consider it highly likely that in this scenario and assuming that the Applicant is detained afresh to be prosecuted and/or following conviction, he will have access to the JRSM and will receive legal advice and support in pursuing one or more of the options identified above. Furthermore, it is probable that the Applicant will be further assisted in the presentation of his claim by the availability of the written statement and written representations prepared by his English solicitors.

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Legislation
  • Immigration and Asylum Act 1999
    • UK Non-devolved
    • 01 de Janeiro de 1999
    ... ... 159); S.I. 2002/2811, art. 2, Sch. # C38 Act: a reference to a detention centre within the meaning of Pt. 8 of the Immigration and Asylum Act 1999 ... 157(1) applies to this section (in so far as it relates to removal centres by virtue of subsection (5) (e) ) as it applies to Part VIII ... ...
  • Criminal Justice Act 1948
    • UK Non-devolved
    • 01 de Janeiro de 1948
    ... ... the expression “prison” shall be deemed to include a detention centre and remand home and the expression “imprisonment” shall be ... ...
  • Detention Centre Rules 2001
    • UK Non-devolved
    • 01 de Janeiro de 2001
    ... ... PART II: DETAINED PERSONS ... (1) The purpose of detention centres shall be to provide for the secure but humane accommodation of detained persons in a relaxed regime with as much freedom of movement and association ... ...
  • Prisons (Scotland) Act 1952
    • UK Non-devolved
    • 01 de Janeiro de 1952
    ... ... corrective training or preventive detention, and to report to the ... Secretary of State on the advisability of his ... an offender against this section ... Remand Centres, Detention Centres and Borstal Institutions ... Remand Centres, Detention ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Appeal to the Upper Tribunal (immigration cases)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... If you are in detention at one of the centres listed below and your application relates to a ... ...
  • Application for permission to appeal from First-tier Tribunal
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
    ... ... If your appeal was heard at one of the centres listed below, your completed application ... should be handed to the ... Asylum Chamber (‘IAC’) at the detention centre where your appeal was heard: ... Upper Tribunal (Immigration and ... ...
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