p. 51914. Detention
- Gina Clayton,
- Georgina Firth, Georgina FirthSenior Lecturer, University of Lancaster
- Caroline SawyerCaroline SawyerBarrister and Solicitor, Hutt City Law
- , and Rowena MoffattRowena MoffattBarrister, Doughty Street Chambers
Abstract
This chapter focuses on the issue of immigration detention. The deprivation of liberty is one of the most serious infringements of fundamental human rights. In immigration law, individuals lose their liberty through the exercise of a statutory discretion by the Home Office or immigration officers. The chapter considers the statutory powers and executive guidelines, together with human rights and common law rules. The use of detention is an increasingly common phenomenon in the asylum process, and the key role of immigration bail is examined. The former use of indefinite detention for foreign terrorist suspects is discussed at the end of the chapter.
