Unlawful Detention in UK Law

Leading Cases
  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 19 Febrero 2010

    In these cases, there is no lawful authority to detain unless a lawful decision is made by the Secretary of State. The mere existence of an internal, unpublished policy or practice at variance with, and more disadvantageous to the FNP than, the published policy will not render a decision to detain unlawful. It must be shown that the unpublished policy was applied to him.

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

    But I do not think that this difference means that Nadarajah offers no assistance in this case. On the contrary, it seems to me to indicate that a failure by the executive to adhere to its published policy without good reason can amount to an abuse of power which renders the detention itself unlawful. I use this expression to describe a breach of public law which bears directly on the discretionary power that the executive is purporting to exercise.

  • R (A) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 30 Julio 2007

    I accept the submission on behalf of the Home Secretary that where there is a risk of absconding and a refusal to accept voluntary repatriation, those are bound to be very important factors, and likely often to be decisive factors, in determining the reasonableness of a person's detention, provided that deportation is the genuine purpose of the detention. The risk of absconding is important because it threatens to defeat the purpose for which the deportation order was made.

  • R v Governor of Brockhill Prison, ex parte Evans (No. 2)
    • House of Lords
    • 27 Julio 2000

  • R (I) and Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 28 Junio 2002

    Principle (ii) is that the Secretary of State may not lawfully detain a person "pending removal" for longer than a reasonable period. Once a reasonable period has expired, the detained person must be released. Thus, once it becomes apparent that the Secretary of State will not be able to effect the deportation within a reasonable period, the detention becomes unlawful even if the reasonable period has not yet expired.

    But in my view they include at least: the length of the period of detention; the nature of the obstacles which stand in the path of the Secretary of State preventing a deportation; the diligence, speed and effectiveness of the steps taken by the Secretary of State to surmount such obstacles; the conditions in which the detained person is being kept; the effect of detention on him and his family; the risk that if he is released from detention he will abscond; and the danger that, if released, he will commit criminal offences.

  • R Mh v Sshd
    • Court of Appeal (Civil Division)
    • 14 Octubre 2010

    There can, however, be a realistic prospect of removal without it being possible to specify or predict the date by which, or period within which, removal can reasonably be expected to occur and without any certainty that removal will occur at all. There must be a sufficient prospect of removal to warrant continued detention when account is taken of all other relevant factors.

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Legislation
  • Sexual Offences (Scotland) Act 1976
    • UK Non-devolved
    • 1 de Enero de 1976
    ...... . a . ) any woman under 21 years of age or girl to have. unlawful sexual intercourse with any other person or. persons in any part of the ...S-9 . Unlawful detention with intent to have sexual intercourse. 9 Unlawful detention with intent ......
  • Criminal Law Amendment Act 1885
    • UK Non-devolved
    • 1 de Enero de 1885
    ......known immoral character, to have unlawful carnal connexion,. either within or without the Queen's dominions, with ...S-8 . Unlawful detention with intent to have carnal knowledge. 8 Unlawful detention with intent ......
  • Sentencing Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (b) (b) the court is of the opinion that an extended sentence of detention in a young offender institution or of imprisonment (see section 266 or ... (i) a compensation order, . (ii) an unlawful profit order, and . (iii) a slavery and trafficking reparation order, but ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... Supplementary Supplementary . S-12 . Detention of land vehicle, ship or aircraft 12 Detention of land vehicle, ship or ... with intent to inflict grievous bodily harm on a person, or to do unlawful damage to a building or anything in it. . . section 10 (aggravated ......
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Books & Journal Articles
  • The approved mental health professional and the nearest relative: detention need not be negligent, even if it is unlawful
    • Núm. 12-4, Noviembre 2010
    • The Journal of Adult Protection
    • 43-45
    A patient may be detained under section 3 of the Mental Health Act 1983 (HM Government, 1983) only if his nearest relative does not object. Whether an objection has been made will be a question for...
  • Young, Accused and Detained; Awful, But Lawful? Pre-Trial Detention and Children’s Rights Protection in Contemporary Western Societies
    • Núm. 19-3, Diciembre 2019
    • Youth Justice
    This article explores the underlying explanations of the high reliance on pre-trial detention of children across contemporary Western societies, with a particular focus on the Netherlands. Empirica...
    ...... to what extent and how international children’s rights standards can effectively protect child suspects and accused from excessive, unlawful and arbitrary pre-trial detention. Keywords bail, children’s rights, deprivation of liberty, juvenile court, juvenile justice, pre-trial detention, ......
  • Punishment, deportation and parole: The detention and removal of former prisoners under section 501 Migration Act 1958
    • Núm. 44-1, Abril 2011
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Under s501 of the Australian Migration Act 1958, being imprisoned for a criminal offence can constitute grounds for visa cancellation, even for people who have spent most of their lives in Australi...
    ...... progress, it is argued that criminal convictions do not justify detention and removal; that the administrative transformation of lawful into unlawful subjects rests on various forms of illegitimate penality; and that this phenomenon ought to provide a greater focus for criminological discourses on ......
  • Human Rights Issues in Guantanamo Bay
    • Núm. 68-5, Octubre 2004
    • Journal of Criminal Law, The
    This article addresses the developments surrounding the continued detention and treatment of the detainees at Guantanamo Bay, Cuba, and examines the legal issues arising from them. The present poli...
    ......tinued detention and treatment of the detainees at Guantanamo Bay, Cuba, and examines the ...The USA has classified these men as ‘unlawful combatants’, who are not subject to the Geneva Convention of 1949, which ......
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Law Firm Commentaries
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