header-logo header-logo

Presume nothing

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

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll