B v Secretary of State for the Home Department [2011] EWCA Civ 828, [2011] All ER (D) 188 (Jul)
Court of Appeal, Laws, Longmore and Etherton LJJ, 21 July 2011
The approach of the Court of Appeal exercising its appellate jurisdiction under s 13 of the Administration of Justice Act 1960 (AJA 1960) in respect of a sentence imposed for contempt of court is to determine whether the sentence was manifestly excessive; it is not a judicial review exercise.
Hugh Southey QC and Kate Markus (instructed by Birnberg Peirce & Partners) for the appellant. Robin Tam QC and Steven Gray (instructed by Treasury Solicitors) for the respondent
The appellant, B, was subject to proceedings before the Special Immigration Appeals Commission (SIAC). SIAC formed the view that B was a high level risk to the UK. He was not a UK citizen and was made subject to stringent bail conditions. The secretary of state wished to deport him to Algeria, since it was believed he was an Algerian citizen. B refused to disclose his real identity, and
