This law sets the following framework of time limits: 56 days for “summary trials” (these are for less serious offences); and 182 days for “indictable offences” sent to the Crown Court (these are more serious offences). When the relevant custody time limit expires, the accused must be released on bail.
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An individual had been charged with sixteen or more burglaries and was not released on bail because it was feared that he would re-offend if released. He ended up being held in pre-trial detention for 2 years. The European Court ruled that he had been denied a “trial within a reasonable time” in violation of article […]
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A Moldovan businessman was arrested because the police had “reasonable suspicion” he committed fraud. He was denied bail and held in custody for 10 months, before the investigation was ended. This was justified in Moldovan law, which allows people to be held in detention as long as there is a reasonable suspicion they committed a […]
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The ECtHR found that there was a violation of the right to liberty when the amount of bail money the accused had to pay was set too high and had not taken into account whether the accused would be able to pay.
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Mr Piruzyan was held in detention without bail for one year and two months when he was released due to a lack of evidence. Mr P’s detention was not based on a court decision and guarantees under Armenian law had not been followed. For this reason, there was a clear violation of the right to […]
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If a person is suspected of a serious offence in the UK, they can be detained for a maximum of 96 hours without being charged. However, under terrorism legislation in the United Kingdom, a person suspected of terrorism can be detained for a maximum of 28 days without being charged.
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This is the primary human rights law in the UK. The HRA sets the following common procedural safeguards for a person who is arrested or detained: The person must be told why they are being detained; They must be brought before a judge promptly – i.e. without undue delay; The person can challenge the lawfulness […]
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In some countries, such as the USA, police are protected from civil claims through a doctrine called “qualified immunity”. This doctrine protects police unless they have acted incompetently and knowingly acted unlawfully. This can make it very difficult to bring successful civil claims. However, in many countries, such as the UK, police are no longer immune […]
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In a debate with Frans Timmermans, the Environment Committee says the EU must remain firm on climate change and the timetable foreseen for the Green Deal. The EU Climate Law will move ahead as planned, whilst the Commission’s proposals on biodiversity and farm-to-fork will be delayed by a few weeks. Last week, in its resolution on EU coordinated action to combat the […]
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