header-logo header-logo

27 October 2023 / Jenni Dempster KC , Alex Benn
Issue: 8046 / Categories: Features , In Court , Criminal
printer mail-detail

Unlawful detention?

144297
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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll