No right to face-to-face legal advice in detention
Immigration detainees don’t have a right to face-to-face legal advice, the Court of Appeal has held in R (on the application of SPM) v Secretary of State for the Home Department [2023] EWCA Civ 764. SPM was held at Derwentside Immigration Removal Centre in early 2022. At the time, there were no nearby firms contracted to provide initial legally aided advice there under the Detention Duty Advice Scheme. SPM could only receive such advice by telephone or videoconferencing. She argued that her detention was unlawful because of a real risk that her common law right of access to justice would be breached if she couldn’t have an in-person legal visit. … Continue reading No right to face-to-face legal advice in detention
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