IMMIGRATION DETENTION OF PERSONS WITH MENTAL HEALTH ISSUES
|
|
- Calvin Hawkins
- 5 years ago
- Views:
Transcription
1 IMMIGRATION DETENTION OF PERSONS WITH MENTAL HEALTH ISSUES Context 1. The Home Office is conducting an equality assessment of its policy on the immigration detention of persons with mental health issues. This document sets out the legal and policy framework for the policy in its current form and the background to its formulation. Responses to this consultation will be used to inform the policy and the equality assessment. Detention legal framework and policy 2. The power to detain an illegal entrant, seaman deserter, port removal or person liable to administrative removal is set out in Schedule 2 to the Immigration Act In addition, there is a free standing power to authorise detention where the Secretary of State has the power to set removal directions in section 62 of the Nationality, Immigration and Asylum Act The power to detain someone who is subject to deportation is set out in Schedule 3 to the Immigration Act 1971and section 36 of the UK Borders Act 2007 (automatic deportation). 3. The above immigration legislation provides for detention in the following circumstances: pending an individual s examination on arrival in the UK and pending a decision to grant or refuse entry; where there are grounds for believing that a person may be liable to removal from the UK (eg as an illegal entrant or overstayer) and pending their removal; and/or pending a decision on whether to deport and pending their deportation. 4. Case law has established that detention under these powers whilst not limited by the statute is subject to common law limitations. The leading case is R v Governor of Durham Prison, Ex p Hardial Singh [1984] 1 WLR 704, which has been interpreted as setting out the following principles: (i) The Secretary of State must intend to deport the person and can only use the power to detain for that purpose. (ii) The deportee may only be detained for a period that is reasonable in all the circumstances. (iii) If, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect deportation within that reasonable
2 period, he should not seek to exercise the power of detention. (iv) The Secretary of State should act with reasonable diligence and expedition to effect removal. 5. To be lawful, the exercise of the power to detain in immigration detention must be pursuant to one of the statutory powers and accord with the limits expressed in domestic case law and case law from the European Court of Human Rights in relation to Article 5 of the European Convention on Human Rights. It must also be in line with the Home Office s published policy on the use of detention. 6. Published Home Office policy can be found at Chapter 55 of the Enforcement Instructions and Guidance 1. This guidance covers general matters and specific areas such as the considerations that apply in relation to those who have been convicted of non-trivial criminal offences in the UK. In general, the guidance indicates that detention should be used sparingly and for the shortest possible period. The instances in which it is most usually appropriate include the following circumstances: to effect removal or deportation; to establish a person s identity or basis of claim; where there is reason to believe someone will fail to comply with conditions attached to temporary admission or temporary release; or as part of the asylum Detained Fast Track (DFT) process. 7. Although we would much prefer that people with no lawful basis of stay in the UK left voluntarily, experience has shown that many such individuals choose not to do so and, where that is the case, we have no option but to enforce their departure, which will invariably include the use of detention. The use of detention in appropriate circumstances is an essential element in protecting the UK s borders and in maintaining an effective immigration control. In particular, detention plays a key role in preventing unauthorised entry to the UK and in supporting the removal from the UK of persons with no lawful basis of stay, including those who have been convicted of criminal offences. In doing so, it helps to prevent harm to the public, especially in relation to the risk of reoffending by foreign nationals convicted of criminal offences. 8. All decisions to detain are taken on the basis of the individual circumstances of the case concerned, including all factors arguing for or against detention, and wherever possible the alternatives to detention (temporary admission or temporary release) are used. In addition, all detention is reviewed against a presumption in favour of release in accordance with the Home Office s published policy. 9. Once detention has been authorised it is kept under close review at regular intervals, and if there is a significant change in circumstances, to ensure it continues to be justified and remains consistent with Home Office policy. 1 movals/
3 10. Detainees can apply to seek their release from the High Court under a writ of habeas corpus or as part of a judicial review challenge considering the lawfulness of detention. Further, there is a statutory bail system under which bail can be obtained from the Immigration and Asylum Chamber of the First-Tier Tribunal. Detention of persons with mental health issues 11. Those who are liable to be detained for immigration purposes under UK law include persons who have mental health issues of different natures and degrees of seriousness. The Home Office s policy with regard to the detention of those with mental health issues can also be found in Chapter 55 of the Enforcement Instructions and Guidance. 12. Prior to 25 August 2010 section of the Enforcement Instructions and Guidance stated that: Certain persons are normally considered suitable for detention in only very exceptional circumstances. In CCD cases, the risk of further offending or harm to the public must be carefully weighed against the reason why the individual may be unsuitable for detention. The following are normally considered suitable for detention in only very exceptional circumstances: Those suffering from serious medical conditions or the mentally ill 13. A more explicit statement of that policy was published on 25 August 2010 in the following way: Certain persons are normally considered suitable for detention in only very exceptional circumstances. In CCD cases, the risk of further offending or harm to the public must be carefully weighed against the reason why the individual may be unsuitable for detention. There may be cases where the risk of harm to the public is such that it outweighs factors that would otherwise normally indicate that a person was unsuitable for detention. The following are normally considered suitable for detention in only very exceptional circumstances: Those suffering serious mental illness which cannot be satisfactorily managed within detention In exceptional cases it may be necessary for detention at a removal centre or prison to continue while individuals are being or waiting to be assessed, or are awaiting transfer under the Mental Health Act. 14. The more explicit guidance did not change the Home Office s policy on the detention of individuals suffering serious mental illness, but merely clarified the longstanding policy position that, whilst serious mental illness is a relevant factor to be taken into account in deciding whether to authorise or maintain detention,
4 there was no automatic bar to detention in relation to any particular type of mental illness. The policy requires an individual consideration of the position with a view to assessing the impact of detention and the individual s fitness to be detained at each stage. Accordingly, whether the individual s serious mental health issues can be satisfactorily managed within detention is a key consideration in the assessment. What does the policy mean? 15. As indicated, section of the Enforcement Instructions and Guidance calls for an individual assessment of the position in relation to those who are suffering from significant mental health issues and so may be vulnerable to a greater adverse impact of detention than those who are not suffering from such mental health issues at the time of detention. The presence of mental health issues does not automatically preclude detention. Consideration will be given to whether the provision of medical care and treatment effectively mitigates the serious adverse effects of detention due to the serious mental illness which would otherwise be suffered by the detainee. This consideration may include account being taken of the likely duration of detention. For example, it may be that a serious mental illness could be managed satisfactorily for a short period of detention to effect a scheduled deportation but that detention would be contraindicated for a prolonged period so release would be appropriate if the deportation does not go ahead. 16. The policy additionally provides for very exceptional circumstances where it might prove necessary to detain a person with serious mental health issues that cannot be managed satisfactorily in detention (subject to the requirements of Article 3 of European Convention on Human Rights). Given that such circumstances are by definition very exceptional they cannot be codified. However, it may include an instance where the person concerned presents a risk of harm to the public and the detention is not anticipated to be very lengthy in order to give effect to a statutory requirement to deport under the automatic deportation regime or a recommendation of deportation by the Criminal Court. In exceptional cases it may also be necessary for detention to continue while individuals are waiting for or subject to mental health assessment, or are awaiting transfer to hospital under the Mental Health Act 1983 where they are not suitable for release. 17. The meaning of the policy in practice was described by Cranston J in Anam v Secretary of State for the Home Department [2009] EWHC 2496 (Admin) at paragraph 52 in the following way: mental health issues only fall to be considered under Chapter 55 where there is available objective medical evidence establishing that a detainee is, at the material time, suffering from mental health issues of sufficient seriousness as to warrant consideration of whether his circumstances are sufficiently exceptional to warrant detention. [Thus] consideration should be given to the nature and severity of any mental health problem and to the impact of continuing detention on it.
5 18. This position was endorsed by the Court of Appeal in LE (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 597 at paragraph 41: It is difficult to see why special provision requiring detention to be justified by very exceptional circumstances should have been made for those with a mental illness that could be satisfactorily managed in detention so that the illness was not significantly affected by detention and did not make detention significantly more burdensome. I acknowledge the contrast in language between "those suffering from serious medical conditions" and "the mentally ill", and that some significance was attached to this contrast in R (MD (Angola)) v Secretary of State for the Home Department, but I do not consider that to be a sufficient reason for giving the policy the meaning for which Mr Southey contended. The court in that case was careful to leave open how the policy was to be construed in relation to the mentally ill. I am not impressed by Mr Southey's argument based on the uncertainty involved in the application of a seriousness threshold: a threshold of that kind had to be applied in any event under the original policy in relation to serious medical conditions, and has to be applied to mental illness as well as to medical conditions under the August 2010 amendment to the policy. Although the approach in Anam involves reading in a substantial qualification which is not expressed in the original policy, I am satisfied that such a qualification was implicit and gives effect to the true meaning of the policy. Questions 19. We are inviting views on the questions set out below, along with any other general comments relevant to equality issues and the policy. Considerations arise at the general level of the balance to be struck by this policy between the interests of the individual liable to detention and the collective interest of all members of the UK community in upholding UK law and giving effect to UK immigration policy. Also, there may be specific technical and evidential matters that are relevant to the implementation of the policy in relation to equality requirements. The questions below are intended to encourage comments on the relevant considerations since relevant and focused contributions will be of most assistance in examining the impact of equality considerations in this context. However, the questions should not be regarded as exhaustive. How should the balance be struck between individual interests and collective interests in upholding UK law and immigration policy in relation to those with mental health issues? Should that balance take account of individual circumstances or prescribe a general approach that does not require individual consideration (for example, a complete prohibition of detention of any person with significant mental health issues in any circumstances; or identification of particular mental health conditions that will always preclude detention)? What specific equality issues arise from a situation where persons suffering from mental illness may be detained? Do those issues vary according to the nature and seriousness of the mental health issues and the ability of treatment or management to mitigate any adverse effects?
6 What specific equality issues arise from the policy as formulated at present? Do you have any evidence that you believe shows that detaining such persons will have a disproportionate impact on any of the equality groups that you think should be considered in assessing the equality impact? Do you have evidence that the detention of such persons discriminates against particular equality groups? Are there any other sources of data that would give an accurate picture of how detention of those with serious mental health issues could impact on equality groups? Is there a formulation of policy in this area that better accommodates the relevant individual and collective interests taking account of equality considerations? Do you have any suggestions of how such equality issues could be addressed or mitigated under the existing policy or any reformulated policy specified? Are there particular facilities or services that should always be available to all detainees in immigration removal centres in connection with mental health issues? If so, what are they? Are there ways in which the provision of facilities or services to detained persons with mental health issues could be improved? If so, what action is required by the relevant providers (including the Department of Health)? How do those facilities and services compare to what would be available in the community? Responses Responses to this consultation should be sent to: MentalHealthDetentionConsultation@homeoffice.gsi.gov.uk The closing date for responses is 21 March 2014 Detention Policy, Operational Policy and Rules Immigration and Border Policy Directorate Home Office 24 January 2014
Summary and recommendations
ILPA Briefing for the Department of Health on the legal basis for immigration detention and release from detention, and how this interacts with transfers under the Mental Health Act Summary and recommendations
More informationThe bail tribunal does not have the jurisdiction to assess the lawfulness of detention.
Submission from Bail for Immigration Detainees (BID) to the Home Affairs Select Committee in the wake of the Panorama programme: Panorama, Undercover: Britain s Immigration Secrets About BID Bail for Immigration
More informationBRIEFING: Immigration Bill, House of Lords Second Reading, 22 December 2015.
Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 BRIEFING: Immigration Bill, House of Lords Second Reading, 22 December 2015. About BID Bail for Immigration Detainees
More informationFACTSHEET THE DETENTION OF MIGRANTS IN THE UK
POINT OF NO RETURN FACTSHEET: THE FUTILE THE DETENTION OF MIGRANTS UNRETURNABLE IN THE MIGRANTS UK 1 FACTSHEET THE DETENTION OF MIGRANTS IN THE UK Legal and practical framework Asylum-seekers can be held
More informationBefore : MR CMG OCKELTON (sitting as a Deputy Judge of the High Court) Between :
Neutral Citation Number: [2010] EWHC 65 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/10730/2008 Royal Courts of Justice Strand, London, WC2A 2LL Date: 22/01/2010
More informationThe illusory right to liberty: Improving access to immigration bail
The illusory right to liberty: Improving access to immigration bail Introduction In international and domestic law, the link between citizenship and rights has traditionally provided for the differential
More informationCriminal casework Standard paragraphs for bail summaries
Criminal casework Standard paragraphs for bail summaries Page 1 of 61 Guidance Standard paragraphs for bail summaries 4.0 Valid from 11 August 2014 Standard paragraphs for bail summaries About this guidance
More informationGuidance on Immigration Bail for Judges of the First-tier Tribunal (Immigration and Asylum Chamber)
Tribunals Judiciary Judge Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber) Presidential Guidance Note No 1 of 2018 Guidance on Immigration Bail for Judges of the First-tier
More information2. Do you think that an expedited immigration appeals process should apply to all those who are detained? If not, why not?
Response to Ministry of Justice consultation on proposals to expedite appeals by immigration detainees 22 nd November 2016 1. Do you agree that specific Rules are the best way to ensure an expedited appeals
More informationThis submission 4. This submission addresses each of the questions raised in the Committee s consultation paper in turn.
Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 Bail for Immigration Detainees: Submission to the Tribunal Procedures Committee Consultation on Changes to the Tribunal
More informationREGULATORY IMPACT STATEMENT IMMIGRATION ACT: MONITORING AND DETENTION
REGULATORY IMPACT STATEMENT IMMIGRATION ACT: MONITORING AND DETENTION Statement of the Public Policy Objective To develop a modern monitoring and detention system that manages risk while ensuring the rights
More informationLEONIE HIRST. Detention Under Immigration Powers DVD248. Quality training for less
Quality training for less Detention Under Immigration Powers DVD248 LEONIE HIRST All copyright and intellectual property rights in these Webinar DVDs and materials remain the property of the SOLICITORS
More informationAlison Harvey, Legal Director ILPA for AVID 12 June 2015
Immigration Act 2014 Alison Harvey, Legal Director ILPA for AVID 12 June 2015 The Immigration Act 2014 has changed the way bail operates. It has put a definition of Article 8 of the European Convention
More informationImmigration Bail Hearings
Immigration Bail Hearings 1. This note accompanies a discussion with volunteers at a meeting to be hosted by the Bail Observation Project on 21 st January 2011. 2. The purpose of the note is to provide
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences
More informationTitle: Police and Criminal Evidence Act (PACE) 1984
Title: Police and Criminal Evidence Act (PACE) 1984 Protocol for the Transfer of Children and Young People to Local Authority Accommodation from Police Custody to Local Authority Accommodation (PACE bed)
More informationTHE IMMIGRATION ACTS. 23 July September Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL JUDGE GRUBB. Between
Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Newport Decision & Reasons Promulgated 23 July 2015 2 September 2015 Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL
More informationOUTER HOUSE, COURT OF SESSION
OUTER HOUSE, COURT OF SESSION [2011] CSOH 31 P1370/10 OPINION OF LORD STEWART in the Petition of C L (AP) for Petitioner; Judicial Review of decisions of the Secretary of State for the Home and Health
More informationBefore : LORD JUSTICE MOSES LORD JUSTICE BEATSON and LORD JUSTICE UNDERHILL Between :
Neutral Citation Number: [2014] EWCA Civ 45 Case No: C4/2013/1131 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE, QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT The Hon.
More informationBRIEFING NOTE 1. Medical Justice & Ors v SSHD, EHRC intervening [2017] 2461 (Admin)
BRIEFING NOTE 1 Medical Justice & Ors v SSHD, EHRC intervening [2017] 2461 (Admin) 1. In a judgment handed down on 10 October 2017, Mr Justice Ouseley declared that the use of a definition of torture based
More informationSession IV, Detention of asylum seekers and irregular migrants
Session IV, Detention of asylum seekers and irregular migrants Minister, Chairperson, ladies and gentlemen, Once again on behalf of the Parliamentary Assembly of the Council of Europe, I am grateful for
More informationDeportation and Article 8 ECHR. Matthew Fraser 3 October 2018
Deportation and Article 8 ECHR Matthew Fraser mfraser@landmarkchambers.co.uk 3 October 2018 Legal framework Immigration Act 1971 Section 3(5) of the Immigration Act 1971: A person who is not a British
More informationConsultation on the 2011 Bail Guidance Joint submission from the Immigration Law Practitioners Association and Bail for Immigration Detainees
Consultation on the 2011 Bail Guidance Joint submission from the Immigration Law Practitioners Association and Bail for Immigration Detainees 1. The Immigration Law Practitioners Association (ILPA) is
More informationSmith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CANAVAN.
Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House On 11 January 2017 Decision Promulgated
More informationA basic guide to making an application to revoke a Deportation Order for Non EEA Nationals based on family and/or private life (Article 8) in the UK
A basic guide to making an application to revoke a Deportation Order for Non EEA Nationals based on family and/or private life (Article 8) in the UK Jan 2019 Bail for Immigration Detainees (BID) is a national
More informationJUDGMENT JUDGMENT GIVEN ON. 25 May Lord Hope, Deputy President Lord Rodger Lady Hale Lord Brown Lord Kerr. before
Easter Term [2011] UKSC 23 On appeal from: [2008] EWCA Civ 1204 JUDGMENT Shepherd Masimba Kambadzi (previously referred to as SK (Zimbabwe)) (FC) (Appellant) v Secretary of State for the Home Department
More informationEMN Ad-Hoc Query on Implementation of Directive 2008/115/EC
EMN Ad-Hoc Query on Implementation of Directive 2008/115/EC Requested by BG EMN NCP on 16th May 2017 Return Responses from Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland,
More informationBefore: THE LORD CHIEF JUSTICE OF ENGLAND AND WALES LADY JUSTICE BLACK and LORD JUSTICE UNDERHILL Between:
Neutral Citation Number: [2015] EWCA Civ 931 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE QUEEN S BENCH DIVISION Andrew Edis QC, sitting under s.9(1) of the Senior Courts Act 1981 Before:
More informationTHE QUEEN (on the application of H) - and - SECRETARY OF STATE FOR THE HOME DEPARTMENT
Neutral Citation Number: [2015] EWHC 377 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT (CARDIFF) Case No: CO/5121/2014 Cardiff Civil and Family Justice Centre 2 Park
More informationThe Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe
Recommendation Rec(2006)13 of the Committee of Ministers to member states on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse (Adopted
More informationBefore: THE HONOURABLE MR JUSTICE WYN WILLIAMS Between: - and -
Neutral Citation Number: [2007] EWHC 1654 (Admin) IN THE HIGH COURT OF JUSTICE ADMINISTRATIVE Case No: CO/9745/2005 Royal Courts of Justice Strand, London, WC2A 2LL Date: 18/07/2007 Before: THE HONOURABLE
More informationBorders, Citizenship and Immigration Act August Summary of key changes introduced by the Act: The Refugee Council s concern.
Borders, Citizenship and Immigration Act 2009 August 2009 Summary of key changes introduced by the Act: Key change The Refugee Council s concern Sections 39 and 41 establish a new path to citizenship for
More informationInformation from Bail for Immigration Detainees: Families separated by immigration detention August 2010
Information from Bail for Immigration Detainees: Families separated by immigration detention August 2010 From November 2008 to August 2010, Bail for Immigration Detainee s (BID s) family team worked with
More informationSchedule 10, Immigration Act 2016
Schedule 10, Immigration Act 2016 March 2019 Commencement: 15 January 2018 Schedule 10 repeals and replaces Schedules 2 and 3 of the Immigration Act 1971 removes or changes the power of temporary admission
More informationThe Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 GUIDANCE FOR BAIL DECISION-TAKERS AND THEIR ADVISERS. (LAW COM No 269)
The Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 (LAW COM No 269) GUIDANCE FOR BAIL DECISION-TAKERS AND THEIR ADVISERS GUIDANCE FOR BAIL DECISION-TAKERS AND THEIR ADVISERS General principles applicable
More informationBefore: Lady Justice Arden Lord Justice Underhill and Lord Justice Floyd Between:
Neutral Citation Number: [2014] EWCA Civ 990 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM HIGH COURT Queen s Bench Division Mrs Justice Lang [2012] EWHC 2899 (Admin) Before: Case No: C4/2012/1629
More informationMental Health Alliance briefing: Policing and Crime Bill September 2016
Mental Health Alliance briefing: Policing and Crime Bill September 2016 Who are we? The Mental Health Alliance is a coalition of 75 organisations from across the mental health spectrum and beyond. We're
More informationMENTAL HEALTH AMENDMENT ACT 1998 BERMUDA 1998 : 32 MENTAL HEALTH AMENDMENT ACT 1998
BERMUDA 1998 : 32 MENTAL HEALTH AMENDMENT ACT 1998 [Date of Assent 13 July 1998] [Operative Date 13 July 1998] WHEREAS it is expedient to amend the Mental Health Act 1968: Be it enacted by The Queen's
More information2. Risk Assessments / Health and Safety Considerations
Version 4 Last updated 27/07/2017 Review date 27/07/2018 Equality Impact Assessment High Owning department Custody 1. About this Procedure 1.1. This Procedure provides instruction and guidance to Hampshire
More informationImmigration Act 2014 Article 8 ECHR
Immigration Enforcement Immigration Act 2014 Article 8 ECHR Presented by Criminality Policy Team 2) Aims and Objectives Aim to explain the new Article 8 provisions in the Nationality, Immigration and Asylum
More informationPrison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER Date of Initial Issue 11/01/2008 Issue No.
Prison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER 4630 Date of Initial Issue 11/01/2008 Issue No. 287 This updates and replaces the previous PSO issued in July 2006. PSI Amendments
More informationSamphire, Detention Support Project
Samphire, Detention Support Project Detention Inquiry Submission 1 October 2014 Samphire s Detention Support Project 1. Samphire was founded in Dover in 2002, the year in which Dover Immigration Removal
More informationExceptional Funding. Applying for Legal Aid in Deportation Cases. A Guide for Individuals
Exceptional Funding Applying for Legal Aid in Deportation Cases A Guide for Individuals July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice and representation
More informationMinistry of Justice consultation on proposals to expedite appeals by immigration detainees Law Society response
Ministry of Justice consultation on proposals to expedite appeals by immigration detainees Law Society response November 2016 The Law Society 2016 Page 1 of 7 Introduction 1. The Law Society of England
More informationADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007
ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes have been prepared by the Scottish Executive in order to assist the reader of the Act. They do
More informationSubmission to the UN Universal Periodic Review
Association of Visitors to Immigration Detainees (AVID) and Bail for Immigration Detainees (BID) United Kingdom Submission to the UN Universal Periodic Review Second Cycle, 13 th Session 2012 Word count:
More informationRecent challenges to accelerated procedures involving detention in the UK
Alison Harvey Legal Director Immigration Law Practitioners Association Recent challenges to accelerated procedures involving detention in the UK In Saadi v UK (2008) 47 EHRR 17 the European Court of Human
More informationBefore : MICHAEL FORDHAM QC (Sitting as a Deputy High Court Judge) Between :
Neutral Citation Number: [2018] EWHC 1045 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/1195/2015 Royal Courts of Justice Strand, London, WC2A 2LL Date: 4
More informationPage 1. charge. Available from:
PRINCIPLES AND PRACTICE FOR THE SAFEGUARDING AND TRANSFER OF CHILDREN & YOUNG PEOPLE FROM POLICE CUSTODY TO LOCAL AUTHORITY ACCOMMODATION & SUITABLE ACCOMMODATION WHERE BAIL IS DENIED. This protocol applies
More informationCouncil meeting 15 September 2011
Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.
More informationR (Mayaya) v SSHD, C4/2011/3273, on appeal from [2011] EWHC 3088 (Admin), [2012] 1 All ER 1491
R (Mayaya) v SSHD, C4/2011/3273, on appeal from [2011] EWHC 3088 (Admin), [2012] 1 All ER 1491 Consequences for those formerly excluded from Discretionary Leave or Humanitarian Protection on grounds of
More informationUpper Tribunal (Immigration and Asylum Chamber) DA/00303/2016 THE IMMIGRATION ACTS
Upper Tribunal (Immigration and Asylum Chamber) DA/00303/2016 Appeal Number: THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 4 July 2017 On 7 July 2017 Before UPPER TRIBUNAL
More informationPembele (Paragraph 399(b)(i) valid leave meaning) [2013] UKUT (IAC) THE IMMIGRATION ACTS. Before
Upper Tribunal (Immigration and Asylum Chamber) Pembele (Paragraph 399(b)(i) valid leave meaning) [2013] UKUT 00310 (IAC) THE IMMIGRATION ACTS Heard at : Field House On : 18 April 2013 Determination Promulgated
More informationBefore : HIS HONOUR JUDGE BIRTLES Sitting as a Deputy Judge of the High Court Between :
Neutral Citation Number: [2012] EWHC 3740 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/3096/2012 Royal Courts of Justice Strand, London, WC2A 2LL Date: 21
More informationPOLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE F CODE OF PRACTICE ON VISUAL RECORDING WITH SOUND OF INTERVIEWS WITH SUSPECTS
POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE CODE O PRACTICE ON VISUAL RECORDING WITH SOUND O INTERVIEWS WITH SUSPECTS Commencement Transitional Arrangements The contents of this code should be considered
More informationBAIL. Guidance Notes for Adjudicators. (Third Edition)
BAIL Guidance Notes for Adjudicators (Third Edition) May 2003 BAIL Guidance Notes for Adjudicators from the Chief Adjudicator (Third Edition) It is the Government s policy that detention should be authorised
More informationDeportation Appeals for non-eea Nationals. A Basic Overview
Deportation Appeals for non-eea Nationals A Basic Overview July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice and representation to individuals held under immigration
More informationMinistry of Justice - Proposals for the Reform of Legal Aid in England & Wales RESPONSE FROM BAIL FOR IMMIGRATION DETAINEES
Ministry of Justice - Proposals for the Reform of Legal Aid in England & Wales RESPONSE FROM BAIL FOR IMMIGRATION DETAINEES Q1: Do you agree with the proposals to retain the types of case and proceedings
More informationThere is currently no time limit on immigration detention in your view what are the impacts (if any) of this?
Written evidence to the Parliamentary inquiry into the use of immigration detention in the UK, hosted by the APPG on Refugees and the APPG on Migration July 2014 Submission by Detention Action Main contact:
More informationPROCEDURE Simple Cautions. Number: F 0102 Date Published: 9 September 2015
1.0 Summary of Changes This procedure has been updated on its yearly review as follows: Included on the new Force procedure template; Amended throughout to reflect Athena; Updated in section 3.8 for OIC
More informationBRIEFING. Immigration Detention in the UK.
BRIEFING Immigration Detention in the UK AUTHOR: STEPHANIE J. SILVERMAN RUCHI HAJELA PUBLISHED: 06/02/2015 NEXT UPDATE: 06/08/2016 3rd Revision www.migrationobservatory.ox.ac.uk This briefing provides
More informationRECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION
RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION About the LCCSA The London Criminal Courts Solicitors Association (LCCSA) represents the interests of specialist criminal lawyers in the London
More informationLaura frequently acts for NGOs and both legally aided and high net worth individuals.
Laura Dubinsky Call: 2002 Email: l.dubinsky@doughtystreet.co.uk Profile Laura works extensively in public law at all levels, with a particular focus on cases with a refugee, immigration, ECHR or EU law
More informationBRIEFING. Immigration Detention in the UK.
BRIEFING Immigration Detention in the UK AUTHOR: STEPHANIE J. SILVERMAN PUBLISHED: 01/09/2016 NEXT UPDATE: 01/04/2017 4th Revision www.migrationobservatory.ox.ac.uk This briefing provides an overview of
More informationAsylum Support for dependants
Asylum Support for November 2016 Factsheet 11 In this Factsheet: Definition of a dependant Conditions must meet to be added to a support application Adding additional Adding a new born to support Difficulties
More informationBefore : NEIL GARNHAM QC Between :
Neutral Citation Number: [2014] EWHC 4265 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/4012/2014 Royal Courts of Justice Strand, London, WC2A 2LL Date: 18/12/2014
More informationLokombe (DRC: FNOs Airport monitoring) [2015] UKUT 00627(IAC) THE IMMIGRATION ACTS
Upper Tribunal (Immigration and Asylum Chamber) Lokombe (DRC: FNOs Airport monitoring) [2015] UKUT 00627(IAC) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 5 August 2015 Before
More informationBail for Immigration Detainees: Submission to the Home Affairs Select Committee s Inquiry on Home Office delivery of Brexit: Immigration
November 2017 Bail for Immigration Detainees: Submission to the Home Affairs Select Committee s Inquiry on Home Office delivery of Brexit: Immigration 1. Bail for Immigration Detainees is an independent
More informationEXTRADITION ACT ARRANGEMENT OF SECTIONS Application of Act
EXTRADITION ACT ARRANGEMENT OF SECTIONS Application of Act SECTION 1. Power to apply Act by order. 2. Application of Act to Commonwealth countries. Restrictions on surrender of fugitives 3. Restrictions
More informationDeportation Appeals. Challenging the Home Office decision to deport you before you can appeal (Certification under s.94b)
Deportation Appeals Challenging the Home Office decision to deport you before you can appeal (Certification under s.94b) June 2017 Bail for Immigration Detainees (BID) is a national charity that provides
More informationBefore: MR. JUSTICE LAVENDER Between : The Queen on the application of. - and. London Borough of Croydon
Neutral Citation Number: [2017] EWHC 265 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/4962/2016 Royal Courts of Justice Strand, London, WC2A 2LL Date: 24/02/2017
More informationCHAPTER 96 EXTRADITION ARRANGEMENT OF SECTIONS
[CH.96 1 CHAPTER 96 LIST OF AUTHORISED PAGES 1 14B LRO 1/2006 15 21 Original SECTION ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title. 2. Interpretation. 3. Application of the provisions of this
More informationResponse to Immigration and Asylum Appeals: Proposals to Expedite Appeals by Immigration Detainees consultation
Response to Immigration and Asylum Appeals: Proposals to Expedite Appeals by Immigration Detainees consultation 22 November 2016 The Public Law Project (PLP) is a national legal charity founded in 1990
More informationAdvance Edited Version
Advance Edited Version 7 February 2018 Original: English Working Group on Arbitrary Detention Revised Deliberation No. 5 on deprivation of liberty of migrants 1. The Working Group on Arbitrary Detention
More informationDeportation Appeals. Representing Yourself in the First Tier Tribunal (FTT) in an Article 8 Deportation Appeal
Deportation Appeals Representing Yourself in the First Tier Tribunal (FTT) in an Article 8 Deportation Appeal July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice
More informationBE it enacted by the King's Most Excellent Majesty, by and with
Act No. 16, 1912. An Act to establish a court of criminal appeal; to amend the law relating to appeals in criminal cases ; to provide for better consideration of petitions of convicted persons ; to amend
More informationJUDGMENT. R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent)
Trinity Term [2013] UKSC 49 On appeal from: [2012] EWCA Civ 1383 JUDGMENT R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) before Lord Neuberger,
More informationCHAPTER 113A CRIMINAL APPEAL
1 L.R.O. 2002 Criminal Appeal CAP. 113A CHAPTER 113A CRIMINAL APPEAL ARRANGEMENT OF SECTIONS SECTION CITATION 1. Short title. INTERPRETATION 2. Definitions. PART I CRIMINAL APPEALS FROM HIGH COURT 3. Right
More informationTHE IMMIGRATION ACTS. On 8 May 2018 On 10 May Before UPPER TRIBUNAL JUDGE HANSON. Between. KAMAL [A] (anonymity direction not made) and
Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: DA/01921/2014 THE IMMIGRATION ACTS Heard at Bradford Decision & Reasons promulgated On 8 May 2018 On 10 May 2018 Before UPPER TRIBUNAL JUDGE
More informationParliamentary Inquiry into the use of immigration detention in the UK Submission by the Vulnerable People Working Group of the Detention Forum
Parliamentary Inquiry into the use of immigration detention in the UK Submission by the Vulnerable People Working Group of the Detention Forum September 2014 Key contacts: Ali McGinley, Director, Association
More informationJUDGMENT. R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant)
Easter Term [2014] UKSC 28 On appeal from: [2012] EWCA Civ 1362 JUDGMENT R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) before Lord Neuberger,
More informationCRIMINAL JUSTICE BRANCH, MINISTRY OF JUSTICE CROWN COUNSEL POLICY MANUAL
CRIMINAL JUSTICE BRANCH, MINISTRY OF JUSTICE CROWN COUNSEL POLICY MANUAL ARCS/ORCS FILE NUMBER: 55100-00 SUBJECT: EFFECTIVE DATE: October 2, 2009 updated March 1, 2018 POLICY CODE: CHA 1 CROSS-REFERENCE:
More informationIMMIGRATION & ASYLUM ACCREDITATION SCHEME
IMMIGRATION & ASYLUM ACCREDITATION SCHEME LEVEL 1 PROBATIONARY ASSESSMENT MULTIPLE CHOICE TEST Page 1 of 11 INSTRUCTIONS TO CANDIDATES The time allowed for this examination is 1½ hours. Using a pencil
More informationTHE EXTRADITION ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II EXTRADITION TO AND
THE EXTRADITION ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II EXTRADITION TO AND FROM FOREIGN COUNTRIES A. Application of this Part 3.
More informationSTATEMENT OF CHANGES IN IMMIGRATION RULES
STATEMENT OF CHANGES IN IMMIGRATION RULES Laid before Parliament on 10 July 2008 under section 3(2) of the Immigration Act 1971 Ordered by The House of Commons to be printed 10 July 2008 (This document
More informationCriminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court
Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding
More informationSubmission to the Parliamentary inquiry into the use of immigration detention in the UK, hosted by the APPG on Refugees and the APPG on Migration
Submission to the Parliamentary inquiry into the use of immigration detention in the UK, hosted by the APPG on Refugees and the APPG on Migration by Her Majesty s Chief Inspector of Prisons Introduction
More informationCanadian charter of rights and freedoms
Canadian charter of rights and freedoms Schedule B Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 PART I Whereas Canada
More informationImmigration Act 2014
REPUBLIC OF NAURU Immigration Act 2014 Act No 1 of 2014 Table of Provisions PART 1 PRELIMINARY... 1 1 Short title... 1 2 Commencement...1 3 Interpretation... 1 3A Act binds Republic... 2 3B Repeal...2
More informationSchedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982
Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General
More informationHuman Resources People and Organisational Development. Disclosure and Barring Service (DBS) Checks Guidelines for Managers and Employees
Human Resources People and Organisational Development Disclosure and Barring Service (DBS) Checks Guidelines for Managers and Employees 1 Contents What is the DBS?... 3 Assessing the need to conduct a
More informationNo8 Chambers Immigration Seminar Please complete and return your registration/feedback forms to ensure you are registered for
No8 Chambers Immigration Seminar 2018 Please complete and return your registration/feedback forms to ensure you are registered for CPD purposes Designated Judge John McCarthy: The New Bail Regime LEGISLATION
More informationTT (Long residence continuous residence interpretation) British Overseas Citizen [2008] UKAIT THE IMMIGRATION ACTS. Before
TT (Long residence continuous residence interpretation) British Overseas Citizen [2008] UKAIT 00038 Asylum and Immigration Tribunal THE IMMIGRATION ACTS Heard at Field House On 8 February 2008 Before SENIOR
More informationKEY FINDINGS Adults at Risk: the ongoing struggle for vulnerable adults in detention
KEY FINDINGS Adults at Risk: the ongoing struggle for vulnerable adults in detention July 2018 BID s research report Adults at Risk: the ongoing struggle for vulnerable adults in detention examined the
More informationBail Amendment Bill 2012
Bail Amendment Bill 2012 4 May 2012 Attorney-General Bail Amendment Bill 2012 PCO15616 (v6.2) Our Ref: ATT395/171 1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990.
More informationAPPG on Refugees and APPG on Migrants: Inquiry into the use of Immigration Detention
APPG on Refugees and APPG on Migrants: Inquiry into the use of Immigration Detention Response to call for evidence from Mind Who we are We re Mind, the mental health charity for England and Wales. We believe
More informationINDICATIVE SANCTIONS GUIDANCE DRAFT
INDICATIVE SANCTIONS GUIDANCE DRAFT Contents Purpose of document... 2 What is this document about?... 2 Who is this document for?... 3 1. Part 1: Fitness to Practise stages... 3 Investigation... 3 Scrutiny
More informationGuideline Judgments Case Compendium - Update 2: June 2006 CASE NAME AND REFERENCE
SUBJECT CASE NAME AND REFERENCE (A) GENERIC SENTENCING PRINCIPLES Sentence length Dangerousness R v Lang and others [2005] EWCA Crim 2864 R v S and others [2005] EWCA Crim 3616 The CPS v South East Surrey
More informationCRIMINAL PROCEDURE (BAIL) (JERSEY) LAW 2017
Criminal Procedure (Bail) (Jersey) Law 2017 Arrangement CRIMINAL PROCEDURE (BAIL) (JERSEY) LAW 2017 Arrangement Article PART 1 3 INTERPRETATION AND APPLICATION 3 1 Interpretation... 3 2 Meaning of criminal
More informationPlacing Children on Remand in Secure Accommodation: Consultation on Changes to the Children (Secure Accommodation) Regulations 1991
Consultation Launch Date 19 November 2012 Respond by 7 December 2012 Ref: Department for Education Placing Children on Remand in Secure Accommodation: Consultation on Changes to the Children (Secure Accommodation)
More information