“The Home Sec has been very clear in his statements that there will be a presumption of detention in all FNP cases until removal. We need to ensure that all staff are applying this.” 47. A similar concern about the basis of detention for FNPs from countries to which it was difficult to remove to was raised by staff at Gatwick Removals Facilitation Unit in January 2007. The individual raising this concern (an Inspector) had previously attempted to raise the issue with both the Senior Director of Enforcement and the Director of CCD and was concerned by the lack of response he had received. In replying to this concern, a CCD manager wrote that he sympathised but stated that CCD “had been given a very clear steer instruction from Ministers that we are to detain all foreign national prisoners”
“that FNPs who meets the criteria for deportation should not be released from prison before consideration of deportation is complete. This is a matter of public policy and public protection.”
“The Home Secretary has made clear that foreign national prisoners who meet the criteria for deportation, should be detained until they are deported or until a decision has been made not to deport them.” 49. This precipitated a discussion between operational managers, a policy official in the DDG's office, HOLAB and the Detention Services policy lead, about the extent of support for a presumptive detention policy which could be inferred from the Home Secretary's statements. CCD operational managers raised the point that none of the Home Secretary's statements clearly stated that FNPs would be detained until deportation. They highlighted that there could be a significant period of time following the decision to deport until deportation had actually taken place. The Rt. Hon. John Reid's statement before the Home Affairs Committee on12 December 2006 was circulated, in which he set out the challenges faced in completing the consideration process, including Judicial Reviews and the judicial process. In this context, he had said: “In the meantime, I am faced with the question, would the public expect me to release onto the streets prisoners of foreign nationality who have committed serious offences? My judgement is, no, the public would not and, therefore, I made the decision, as I said to this Committee, that, with all of the constraints in prison places, all of the shortages we face and all of the difficulties involved in that decision, that these people ought to be kept in detention until we have fully considered their deportation.” … 51. … the final version (of the Process Communication) stated that: “The Home Secretary has made clear that foreign national prisoners, who meet the criteria for deportation, should be detained until their deportation has been considered.” 52. This PC was issued to CCD staff in late February 2007. As a result, a senior caseworker in Liverpool raised a question about whether temporary admission could now be authorised following consideration of deportation if the individual was difficult to remove. In other words, the question was whether the PC authorised a more lenient approach to detention than had recently been undertaken within CCD. The answer from OPPU was that this was not the intention but that the PC was intended to put into writing an approach which was already being followed. The reason for including the Ministerial statement was that this was the basis on which FNPs were being detained since “it has been confirmed that ministers want detention to continue until deportation”. “The Home Sec has been very clear in his statements that there will be a presumption of detention in all FNP cases until removal. We need to ensure that all staff are applying this.” “that FNPs who meets the criteria for deportation should not be released from prison before consideration of deportation is complete. This is a matter of public policy and public protection.” “The Home Secretary has made clear that foreign national prisoners who meet the criteria for deportation, should be detained until they are deported or until a decision has been made not to deport them.” “In the meantime, I am faced with the question, would the public expect me to release onto the streets prisoners of foreign nationality who have committed serious offences? My judgement is, no, the public would not and, therefore, I made the decision, as I said to this Committee, that, with all of the constraints in prison places, all of the shortages we face and all of the difficulties involved in that decision, that these people ought to be kept in detention until we have fully considered their deportation.” “The Home Secretary has made clear that foreign national prisoners, who meet the criteria for deportation, should be detained until their deportation has been considered.”
“to ensure that any interference is not random and arbitrary but governed by clear pre-existing rules”
"In relation to detention under the Act of 1984, the situation is quite different. On the expiry of the prescribed period of detention, any authority to continue the detention of the arrested person ceases to exist and continued detention is unlawful."
“... the reason why the continued detention was unlawful was that no review was carried out. The wrong was not, however, the failure to carry out the review but the continued detention. If the wrong had not been committed the plaintiff would not have been detained between 5.25am and 7.45am. It follows that, as a matter of principle, he is entitled to compensation for having been detained for those 2 hours and 20 minutes.”
“64. I have already indicated that I am entirely satisfied in the circumstances of this case that there is a real risk of absconding. That means that to release would be likely to undermine the whole purpose of deportation, which is clearly in the public interest and for the public good, as the Secretary of State has decided; and that decision has been upheld on appeal.”