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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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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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