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27 October 2023 / Jenni Dempster KC , Alex Benn
Issue: 8046 / Categories: Features , In Court , Criminal
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Unlawful detention?

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Jenni Dempster KC & Alex Benn examine the modern problems of unlawful detention & provide practitioners with some valuable guidance on navigating the system
  • Considers the challenges of the modern criminal justice system and highlights the risk of unlawful detention—one which arises more frequently than might be expected.
  • Sheds light on how the threat of unlawful detention manifests itself and how practitioners can counter it.

The concept of ‘detention’ arises in various contexts. The fundamental principle of habeas corpus remains a key characteristic of this jurisdiction’s sense of natural justice, including for those who are not British nationals: ex parte Khawaja [1984] AC 74 at 111. Article 5 of the European Convention on Human Rights furthers this commitment, enshrining a person’s right to their own liberty and security.

False imprisonment is a crime and, as a tort, it comprises complete deprivation of liberty without lawful justification for any period of time: R v Hague [1992] 1 AC 58 at 162 (Lord Bridge). Elsewhere, the Bail (Amendment) Act 1993 provides

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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