Unlawful Detention in UK Law
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R (A) v Secretary of State for the Home Department
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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.
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R (SK (Zimbabwe)) v Secretary of State for the Home Department
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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.
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R Mh v Sshd
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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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R (Walumba Lumba and another) v Secretary of State for the Home Department
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The risks of absconding and re-offending are always of paramount importance, since if a person absconds, he will frustrate the deportation for which purpose he was detained in the first place.
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R v Governor of Brockhill Prison, ex parte Evans (No. 2)
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R (I) and Secretary of State for the Home Department
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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.
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Criminal Law Amendment Act 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 ... ...
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Sentencing Act 2020
... ... , and(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 ... to make one or more of—(i) a compensation order,(ii) an unlawful profit order, and(iii) a slavery and trafficking reparation order, but(b) ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... ) an injunction under section 153B of that Act (injunction against unlawful use of premises) ;(c) an injunction in which anything is included by ... (2) In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc) , in paragraph 20I (substituted by paragraph 1 ... ...
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Modern Slavery Act 2015
... ... 94(1), Sch. 2 para. 9; S.I. 2016/603, reg. 3(t) ... 12: Detention of land vehicle, ship or aircraft ... (1) If a person (“P”) has been ... with intent to inflict grievous bodily harm on a person, or to do unlawful damage to a building or anything in itsection 10 (aggravated burglary) ... ...
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The approved mental health professional and the nearest relative: detention need not be negligent, even if it is unlawful
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...
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Young, Accused and Detained; Awful, But Lawful? Pre-Trial Detention and Children’s Rights Protection in Contemporary Western Societies
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, ... ...
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Dealing with Migrants in the Central Mediterranean Route: A Legal Analysis of Recent Bilateral Agreements Between Italy and Libya
Dealing with the current flow of migrants flocking to the shores of southern European countries remains high on the international agenda. At the end of 2016, 276,957 migrants were waiting in Libya ...... ... subject to human rights violations and abuses such as arbitrary detention, torture, unlawful killings, sexual exploitation and even slav- ery (IOM, ... ...
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Punishment, deportation and parole: The detention and removal of former prisoners under section 501 Migration Act 1958
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 ... ...
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A Decision To Chew On: Restraining Officer Acting In Execution Of Duty When Bitten Ms Siobhan Mullins and Laurie Swain
... ... of his colleagues in restraining the man were deemed to be unlawful, the officer was found to have an independent justification for his ... was entitled to use reasonable force to resist his unlawful detention and to protect his rightful liberty, he was not entitled to use ... ...
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Clyde & Co Involved In Landmark Mental Health Court Of Appeal Victory
... ... The Defendant Trust admitted that there was a 442 day period of unlawful detention because he had been detained following revocation of a Community ... ...
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Can Non-Parties To Proceedings Claim Litigation Privilege?
... ... including being responsible for his unlawful interrogation and his ... unlawful detention ... In the current ... ...
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Cash Forfeiture: Insufficient Protections?
... ... property obtained through unlawful conduct) or intended by any person for use in unlawful conduct. If police ... to be used in unlawful conduct, and (b) either its continued detention is justified whilst its derivation is further investigated, or criminal ... ...