In the case, an elderly Lord Atkin, of Donoghue v Stevenson fame, gave a powerful dissenting judgment arguing that the regulation required the Home Secretary to have an objective reason to
detain a person under the power.
Not exact matches
He wrote: «In scenes you would expect to see in Putin's Russia, rather than a Sheffield suburb, council contractors and police descended on Rustlings Road
under the cover of darkness, dragged
people out of bed to move their cars and
detained peaceful protesters — all to chop down eight trees.»
People who have been
detained under the Act have been telling us how it fails to protect their rights and dignity, and how they are kept out of decisions about their own care.
Cuomo and Port Authority Executive Director Pat Foye said six to eight
people remained
detained Sunday afternoon at John F. Kennedy International Airport in Queens
under Trump's order, which temporarily barred citizens from seven Muslim - heavy nations from entering the U.S.
Under the liberal Democratic mayor, the city booted Immigration and Customs Enforcement officials from Rikers Island and has only honored the federal agency's requests it
detain a suspect if that
person has committed one of 170 violent felony offenses.
Joint visits in just eight of these areas led to 133 rough sleepers being
detained, while 127
people were deported in
under a year in Westminster alone.
So why are the views of
people detained under the Mental Health Act not even being considered a third of the time?
A year later, more than 3,300
people were
detained in removal centres
under immigration powers, with hundreds of others kept in prisons.
People with mental health problems ought to be able to feel confident that, should they be
detained under section, powers to
detain and treat them and make decisions on their behalf will be used with great care and for the right reasons.
ALBANY — Gov. Andrew Cuomo repeated Sunday that attorneys in his administration will do what they can to help travelers
detained at the state's airports
under President Donald Trump's executive order restricting the entry of
people from seven majority - Muslim nations.
McKenna said he favors a policy
under which local police would not ask
people for documentation but objects to the term «sanctuary city» because it incorrectly implies that immigration law violators can not be
detained.
People suspected of being Tories being
detained under the terror act?
Under the program, those two officers would be able to «interrogate any
person detained... who the officer believes is an alien about his or her right to be in the United States.
; Patrick Akpolobolokemi, the former NIMASA Director - General was rough - handled and bundled into a van right in front of the court premises where a judge had just granted him bail; several
persons are known to have been
detained for periods far in excess of the constitutionally mandated 48 hours initially
under spurious detention orders signed by magistrates courts in the Federal Capital Territtory!
When the previous government announced it was appealing against the European Court's original ruling in 2005, the Parliamentary
Under - Secretary of State at the Department for Constitutional Affairs, Lord Firkin, said: «It has been the view of successive governments, including this government, that
persons who have committed crimes serious enough to warrant a custodial sentence should forfeit the right to have a say in how the country is governed while they are
detained.»
Terminal 4, where a Customs and Border Protection
detained a dozen
people approved to enter the country
under President Barack Obama, was the site of massive protests last Saturday.
Police have called for better mental health education in schools after a rise in young
people being
detained under the Mental Health Act.
In some jurisdictions,
persons detained under the doctrine of Terry must identify themselves to police upon request.
The Star also reports today that this is exactly what happened to the first
person we can tell who was
detained under the new regulation,
«Most
people detained under the Immigration Act powers spend only very short periods in detention.
It had already been found in R. (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 Admin that
detaining somebody for the purpose of prosecuting them
under section 35 was not a lawful exercise of the power to
detain which could only be used for the purpose of deporting the
person concerned.
(3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one - half days for each day spent in custody unless the reason for
detaining the
person in custody was stated in the record
under subsection 515 (9.1) or the
person was
detained in custody
under subsection 524 (4) or (8).
be based on one of the statutory powers (which are spread across different pieces of immigration legislation) which state that a
person may only be
detained under immigration powers... with a view to his removal;
(1) Subject to subsection (1.1), if a
person who has been arrested without warrant by a peace officer is taken into custody, or if a
person who has been arrested without warrant and delivered to a peace officer
under subsection 494 (3) or placed in the custody of a peace officer
under subsection 163.5 (3) of the Customs Act is
detained in custody
under subsection 503 (1) for an offence described in paragraph 496 (a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody
under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,
(1) A peace officer who arrests a
person with or without warrant or to whom a
person is delivered
under subsection 494 (3) or into whose custody a
person is placed
under subsection 163.5 (3) of the Customs Act shall cause the
person to be
detained in custody and, in accordance with the following provisions, to be taken before a justice to be dealt with according to law:
In R. v. Wigglesworth, the Appellant was a police officer who had been charged with Royal Canadian Mounted Police Act for choking and slapping a
detained person, and later charted
under the Criminal Code for common assault towards the same
detained individual.
R (Centre for Individual Rights in Europe) v Secretary of State for the Home Department and anr [2017] EWHC 1878 (Admin), [2017] 4 WLR 129; [2017] ACD 108, QBD (Admin Ct), July 21 2017 The police were entitled
under Operation Nexus to question suspects
detained in police stations as to their immigration status, since they (i) had the same powers as any natural
person to engage in non-coercive questioning; and (ii) in any case, assisting the Home Office on matters of immigration was within police functions.
Immigration detention falls
under the framework of administrative law — the
person being
detained has not committed a crime
under Canada's Criminal Code, but is being
detained for immigration reasons.
Police officers are not required to provide their own cell phones to
detained or arrested
persons to facilitate communication with counsel
under s. 10 (b) of the Canadian Charter of Rights and Freedoms.
Under our case law, our courts have found liability or entertained suits after law enforcement officers took
persons into custody, otherwise
detained them, deprived them of liberty or placed them in danger
Duty solicitors frequently encounter
people detained under the Mental Health Act 1983, s 136 and should therefore make themselves familiar with the content of this circular, and in particular para 2.2:
On 18 June 2014, JZ (Requested
Person) was arrested in the United Kingdom
under the certified European Arrest Warrant, and has stayed
detained until 19th June 2014 when on 25th June 2015 has been released on bail upon a decision of a WMC designated judge.
There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self - harm, of a mentally ill
person detained under Section 3 of the Mental Health Act 1983.
Any
person who damages or unlawfully removes any aircraft, vessel or vehicle while it is
detained under section 26 of the Criminal Procedure Code is guilty of a misdemeanour.
Al Waheed v Ministry of Defence, Mohammed v Ministry of Defence [2017] UKSC 2, [2017] 2 WLR 327 Instructed in the Supreme Court challenge concerning allegations that
persons in Iraq and Afghanistan were unlawfully
detained in breach of article 5 of the European Convention on Human Rights by HM armed forces acting
under mandates from the United Nations Security Council.
People with Disabilities Australia (PWDA) estimate that there are at least 100 people detained across Australia without conviction in prisons and psychiatric units under mental impairment legislation; and that at least 50 people from this group would be Aboriginal and Torres Strait Isl
People with Disabilities Australia (PWDA) estimate that there are at least 100
people detained across Australia without conviction in prisons and psychiatric units under mental impairment legislation; and that at least 50 people from this group would be Aboriginal and Torres Strait Isl
people detained across Australia without conviction in prisons and psychiatric units
under mental impairment legislation; and that at least 50
people from this group would be Aboriginal and Torres Strait Isl
people from this group would be Aboriginal and Torres Strait Islander.