header-logo header-logo

06 May 2010 / Alison Pickup
Issue: 7416 / Categories: Features , Human rights
printer mail-detail

Presume nothing

Alison Pickup analyses the changing nature of detaining foreign prisoners

In WL (Congo); KM (Jamaica) v SSHD [2010] EWCA Civ 111, [2010] All ER (D) 221 (Feb) the appellants were foreign national prisoners (FNPs), detained beyond the end of their sentence pending their deportation from the UK under powers contained in Sch 3 of the Immigration Act 1971 (the 1971 Act).

It had emerged in the course of litigation that during a period from approximately April 2006, when the so-called “foreign national prisoners crisis” broke, until September 2008, officials in the Home Office’s Criminal Casework Directorate (CCD), which dealt with the detention and deportation of FNPs, had been operating a blanket policy of detaining all FNPs, despite the fact that their published policy stated that there was a presumption in favour of release in all cases. In September 2008, the published policy was amended so that it now contained a presumption in favour of detention of FNPs, which was then applied by CCD. This policy operated until January 2009, when, following the judgment of the Administrative Court, it was amended so that, on its face at

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll