Unlawful Detention in UK Law

Leading Cases
  • 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 (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 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.

  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 Marzo 2011

    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.

  • 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.

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Legislation
  • 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
    ... ... , 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) ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 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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Books & Journal Articles
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Law Firm Commentaries
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