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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 Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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