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06 May 2010 / Alison Pickup
Issue: 7416 / Categories: Features , Human rights
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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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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