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Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023797
Category : Law
Languages : en
Pages : 60
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Book Description
The new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052) will extend the role of Special Advocates (lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers). In light of this, the Committees report examines the operation of the Special Immigration Appeals Commission (SIAC) over the last eight years and the use of Special Advocates, in order to identify lessons to be learned to ensure the adequacy of procedural safeguards in the future system. Issues considered include: the background to SIAC and the passing of the 2005 Act; the operation of SIAC and its impact on the legal and human rights of appellants; the Special Advocate system as it operated under SIAC and its extension into the High Court. The Committee concludes that there are a number of defects with the Special Advocate system as it operated through SIAC, and a number of improvements can be made to improve its use under the 2005 Act, including the establishment of an Office of the Special Advocates to ensure provision of appropriate expert support and facilities, and that appellants are offered, where practical, a choice of Special Advocate from a security-cleared pool.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023797
Category : Law
Languages : en
Pages : 60
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Book Description
The new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052) will extend the role of Special Advocates (lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers). In light of this, the Committees report examines the operation of the Special Immigration Appeals Commission (SIAC) over the last eight years and the use of Special Advocates, in order to identify lessons to be learned to ensure the adequacy of procedural safeguards in the future system. Issues considered include: the background to SIAC and the passing of the 2005 Act; the operation of SIAC and its impact on the legal and human rights of appellants; the Special Advocate system as it operated under SIAC and its extension into the High Court. The Committee concludes that there are a number of defects with the Special Advocate system as it operated through SIAC, and a number of improvements can be made to improve its use under the 2005 Act, including the establishment of an Office of the Special Advocates to ensure provision of appropriate expert support and facilities, and that appellants are offered, where practical, a choice of Special Advocate from a security-cleared pool.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215018922
Category : Law
Languages : en
Pages : 84
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Book Description
The draft Bill, published as a consultation paper (Cm 6194, ISBN 0101619421) in May 2004, contains the Government's proposals for changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. Its two key provisions are the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission (LSC); and the re-introduction of a means test for criminal cases. The Committee's report finds that the increase in CDS spending in recent years is unsustainable, and states its support for the underlying aim of the draft Bill to improve management control and consistency in the legal aid system and to focus resources on those that need help most. However, it highlights a number of areas where more work is required before the proposals can be finalised, including the need to ensure the measures comply with the UK's obligations under the European Convention on Human Rights, as well as the costs and practical difficulties of means testing and in transferring the grant to the LSC.
Author: Prakash Shah
Publisher: Taylor & Francis
ISBN: 1000158349
Category : Law
Languages : en
Pages : 496
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Book Description
A collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.
Author: Imelda Higgins
Publisher: Cambridge University Press
ISBN: 9780521605588
Category : Law
Languages : en
Pages : 494
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Book Description
An international survey covering the migration and asylum laws of 15 EU member states.
Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215030078
Category : Social Science
Languages : en
Pages : 180
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Book Description
This is the report of an inquiry into the policy and practice of immigration control, examining entry clearance (visa) system, the granting or refusing of further leave in the UK and the enforcement of immigration control. It considered the degree to which the aims of the Immigration and Nationality Directorate and UK visas are being met; the progress in implementing recommendations from recent reports; and lessons to be learnt from the operation of the current system. Although it is recognised that staff are working hard and diligently there are a number of problems , especially related to fragmentation and lack of communication. The Committee make a number of recommendations including the establishment of a Cabinet Committee and an Independent Immigration Inspectorate; a redrafting of the Immigration Rules and a greater focus on the quality of decision making as opposed to speed.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023148
Category : Appellate procedure
Languages : en
Pages : 28
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Book Description
The Committee's report examines the Government's proposed changes to the system of legal aid payments in asylum appeal cases in England and Wales, under the draft Community Legal Service (Asylum and Immigration) Regulations 2005 (ISBN 0110723015). Issues discussed include: the introduction of a system of retrospective funding, the merits test, and the implications of the new system for solicitors offering legal aid services. Conclusions reached include that the merits test will have to be set at a lower level if the system of retrospective funding is introduced, to ensure that appellants and suppliers are not to be disadvantaged, since the legal aid system should not be used to restrict legitimate appeals.
Author: Great Britain. Parliament. House of Commons
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 744
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Book Description
Author: Great Britain: Parliament: House of Commons: Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215033741
Category : Political Science
Languages : en
Pages : 344
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Book Description
Implementation of the Carter Review of Legal Aid : Third report of session 2006-07, report, together with formal minutes, Vol. 2: Oral and written Evidence
Author: Great Britain. Parliament. House of Lords
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1500
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Book Description
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 282
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Book Description
