Sentences with phrase «extended detention»

The Court of Appeal ruled «the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

He cast doubt on the concessions offered by the government whereby parliament would authorise the extended detention on a case - by - case basis by comparing it, rather implicitly, to the manner in which the Commons vote had been won last month using Democratic Unionist party MPs.

The House of Commons agreed the extended detention without trial period should continue for at least another year in light of terrorist activity.

He said the security services were becoming more adept at detecting threats but were then having to analyse increasingly complex information, requiring an extended detention period.

Gordon Brown will publish a new terrorism bill in the autumn and it is expected he will again attempt to extend the detention without trial period.

And Mr Blair said the question of extending the detention time limit for terror suspects beyond 28 days would be included in these - making clear he still supported the idea.

The Commons home affairs committee will look at the strength of the arguments put forward by the government and police to justify extending the detention period from its current limit of two weeks.

His comments are revealed in an email to Keith Vaz, chair of the home affairs select committee which has been hearing evidence on the case for extending detention without charge.

Even those who believe in extending the detention time do so, one can only presume, with a heavy heart.

If it were not for the small matter of a global financial crisis or the vital debate over what Peter Mandelson did or did not say over the hummus to George Osborne, all eyes would now be on the next stage of the debate about extending detention without trial.

This reference is significant since in some Member States the judicial control of the decision to extend detention may not be full, as has been pointed out elsewhere.

Moreover, the Court makes clear that the judicial authority has the possibility not only to refuse to extend the detention period, but also to substitute detention with a less coercive measure or to order the release of the irregular migrants.

Not exact matches

His testimony comes from an Aug. 15 court hearing on whether to extend his pre-trial detention.

Brown also signed 10 other immigration - related bills that limit the growth of detention centers, expand education services for immigrants, and extend tenant and workplace protections for undocumented people.

One bike path would begin near Buffalo Grove at the Sugar Creek detention pond and extend north through Sullivan Woods to the municipal golf course.

Opposition politicians have vowed to fight the government's controversial plans to extend pre-charge detention to 42 days.

Parliament was right to reject government proposals to extend pre-charge detention for terror suspects to 90 days, a Home Office minister has said.

In the interim, I can announce that the Government will not be seeking to extend the order allowing the maximum 28 - day limit and, accordingly, the current order will lapse on 25 January and the maximum limit of pre-charge detention will, from that time, revert to 14 days.

[18] The announcement came a day after the narrow passing of a parliamentary vote on the Counter-Terrorism Bill, which would extend the limit on the period of detention of terror suspects without charge in England and Wales, from 28 to 42 days.

Yusuf Halilu, the presiding judge of the Abuja court, extended Ubah's detention order following an ex-parte application filed by the DSS.

It proposes extending pre-charge detention to 42 days in exceptional circumstances.

We watched the nonsense of the Labour years as we discussed the need or otherwise to extend the period of detention without charge beyond 28 days.

Original proposals to extend the maximum detention time from 14 days to 90 were roundly rejected in the Commons by a vote of 322 to 291, with 49 Labour MPs rebelling.

Michael Gove decided to award all pupils with a permanent after - school detention, forever, by extending the school day.

Welcoming the report, home secretary Jacqui Smith said: «I welcome the committee's view that the current pre-charge detention limit may prove inadequate in future and its recognition of the need to develop proposals to extend it beyond 28 days.

Lord Falconer said the government had failed to make the case for extending pre-charge detention and increasing the present 28 - day limit would only be justifiable after a major incident.

Writing in the Guardian the day after the home affairs select committee tore into Jacqui Smith's plans to extend the period for pre-charge detention, Jack Straw insisted Labour had a strong record on protecting civil liberties.

As a 1st decree detention period is extended from four days to one month.

With the Conservatives leading the charge against Labour's attempts to extend pre-charge detention to 42 days, Mr Straw hit out at the Conservatives» liberal image.

The government's plans to extend the terror detention plans to 42 days will be defeated by the House of Lords, according to David Davis.

Home secretary confirmed the long - awaited review had already begun, and said it would look at six areas: the use of control orders, stop and search powers in section 44 of the Terrorism Act 2000 and the use of terrorism legislation in relation to photography, the detention of terrorist suspects before charge, extending the use of deportations, measures to deal with organisations that promote hatred or violence, and the use of the Regulation of Investigatory Powers Act 2000 (Ripa) by local authorities.

«MPs vote to extend 28 - day detention for terrorist suspects for another six months Main Dominic Raab and David Davis want to know whether the Government will sign up to the European Investigation Order»

Journalists have been asking questions about what convinced Mr Vaz, previously a diehard opponent of plans to extend pre-charge detention of terrorist suspects to 42 - days, to vote for the government.

Civil liberties advocates responded angrily to a Home Office decision to extend 28 - day detention for another six months today, despite clear signs from the government that it would soon shorten the period.

Commenting on reports of that the Secretary of State for Education is introducing additional measures to tackle pupil indiscipline including anonymity for teachers facing allegations from pupils, no notice detention and extended powers to search, Chris Keates, General Secretary of the NASUWT, the largest teachers» union, said:

Following the rejection of a previous bill under Tony Blair's government to allow the detention of terror suspects for up to 90 days without charge, [103] Brown championed a new bill extending the pre-charge detention period to 42 days.

In a more extended follow - up, say, a detention, we can direct or encourage the student to write their response via proforma.

So far, though, the problems that education leaders tend to trust practicing teachers to solve don't extend much beyond the realm of homework detention and other small - scale, school - based initiatives.

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While the public are supportive of the legislative scheme in place to combat drinking and driving, this support can not be presumed to extend to police actions that involve the detention and arrest of drivers without the requisite statutory and constitutional grounds.

The first issue clarified by the Court is whether the decision to extend the period of detention should follow the same requirements as the initial decision to place an irregular migrant in detention (Article 15 (2) Returns Directive), meaning that the decision should be in writing and stating the factual and legal reasons.

In particular, with regard to Article 15 on the detention of irregular migrants prior to their removal the Court has so far explained how the period of detention should be calculated and when there is a «reasonable prospect of removal» (Kadzoev); it has precluded the incarceration of irregular migrants during the return process on the sole ground that they remain on the territory of a Member State even though an order to leave exists (El Dridi), and it has attempted to strike a balance between the right to be heard and the efficiency of the administrative procedure to extend the period of detention (G & R).

Extended periods of detention do not per se constitute a Charter breach, so long as there are regular opportunities for review of the detention taking into account all relevant factors.

Lord Justice Lloyd Jones held that «While I readily accept the fundamental importance of the guarantees provided by Article 5, it does not follow that Article 5 must be equated for all purposes with Articles 2, 3 and 4... In the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledged.

Our work also extends to the legislative sphere, including submissions regarding proposed federal legislation regarding the detention of individuals who are found to be Not Criminally Responsible.

Both Lord Mance and Lord Neuberger held that even if the second rule did extend more generally to acts directed against the person, it would be subject to a public policy exception which would permit the allegations of complicity in torture, unlawful detention and enforced rendition in this case to be pursued in the English courts.

The legislation raises a plethora of issues and significantly alters the security landscape: It gives the Canadian Security Intelligence Service (CSIS) powers beyond intelligence gathering (to actively target threats and derail plots); creates new offences (criminalizing «terrorist propaganda» and the «promotion of terror»); lowers the legal threshold to trigger detention to those who may carry out an offence from the existing standard of will carry out to may carry out; extends preventive detention for «suspected» terrorists from three days to seven days (inconsistent with the constitutional presumption of innocence); legally entrenches a no fly list; and grants government agencies explicit authority to share private information with domestic and foreign entities.

There is much support for the Royal Commission to encompass a national brief, with the Greens launching a petition today, to extend its remit to all children in prison, including immigration detention.

«The Western Australian Inspector of Prison Services is the only such body in Australia which performs this vital role but we need to see this extended to all places of detention.