Unlawful Detention in UK Law
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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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Human Rights Issues in Guantanamo Bay
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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High Court of Justiciary
... ... WHETHER POLICE ACTION CONSTITUTED UNLAWFUL DETENTION Craig v Normand Craig was charged by the Procurator Fiscal ... ...
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Assaulting a Police Officer: The Redundant Perils of Establishing ‘In the Execution of His Duty’?: Dixon v Crown Prosecution Service [2018] EWHC 3154 (Admin)
... ... Unlawful detention It was common ground between the parties in Dixon that both ... ...
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Judical Commitee of the Privy Council
... ... security raised the fundamental problem whether such detention may be legally justified on the basis of the Executive's ... for the detention of the plaintiff, that detention was unlawful. Thus, although the Order in Council was still in force and the ... ...
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Divisional Court
... ... Annabelle James Immigration Act 1971: Reviewing Detention Pending Deportation R (on the application of Q) v Secretary of State for ... of removal in the im- mediate future rendered continued detention unlawful. H ELD , DISMISSING THE APPLICATION , the question regarding the law- ... ...
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Subject Index, Volume 77, 2004
... ... Arrest Referral Treatment Team) 290 Breach of the peace detention of demonstrators for imminent breach 82–86 Burden of proof Police ... officer attempting to stop vehicle 272–276 Demonstrators unlawful detention imminent breach of peace by demonstrators 82–86 period of time ... ...
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