The defendant appealed against a sentence of imprisonment of four months imposed for his refusal to reveal his true identity. He was in custody suspected of terrorist activities. The identity he had given had been shown to be false, and the Algerian government refused to accept him on being deported. He had a long history of mental illness.
Held: (Ehtherton LJ dissenting) The appeal was dismissed. There was no possibility of an infringement either of his article 3 or article 8 rights. The Special Immigration Appeals Commission (SIAC) had erred in rejecting the evidence of two psychiatrists that B would refuse to take his medication and that, in consequence, the onset of a psychotic state was likely. Nevertheless, the appeal should be dismissed. They rejected arguments on Articles 3 and 8, finding that there would be no breach of article 3 as arrangements would be in place for B’s treatment in hospital if he suffered a relapse. The sentence imposed was not excessive.
Etherton LJ dissenting, said that the decision was fatally flawed in having failed to deal accurately with the expert medical evidence. The would have remitted the case SIAC.
Laws, Longmore, Etherton LJJ
[2011] EWCA Civ 828
Bailii
European Convention on Human Rights 3 8
England and Wales
Cited by:
Appeal from – B (Algeria) v Secretary of State for The Home Department SC 30-Jan-2013
B had been under arrest on suspicion of involvement in terrorist activity, but had not revealed his identity, in contempt of court orders to do so, so that the respondent was unable to secure a destiny for his deportation. He had been sentenced to . .
See Also – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
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Updated: 21 June 2021; Ref: scu.442014 br>