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Relevant bibliographies by topics / Detention of persons

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Academic literature on the topic 'Detention of persons'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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Journal articles on the topic "Detention of persons"

1

Sabaeva, S. V. "Places of Forced Detention under the Jurisdiction of the Ministry of Internal Affairs of Russia." Actual Problems of Russian Law 17, no. 12 (November 19, 2022): 68–83. http://dx.doi.org/10.17803/1994-1471.2022.145.12.068-083.

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The paper is devoted to the study of detention, conditions of medical care, nutrition, visiting rights as well as other rights of persons in places of forced detention under the jurisdiction of the Ministry of Internal Affairs of Russia. The author determines the features of the legal status of these persons in relation to their location: 1) in a report room of a police station; 2) in a special reception center for detention of persons under administrative arrest; 3) in a temporary detention facility for suspects and the accused; 4) in a temporary detention center for juvenile offenders; 5) in a temporary detention center for foreign citizens or stateless persons subject to administrative expulsion from the Russian Federation. Results of the analysis of federal laws and administrative and legal acts made it possible to conclude that it is advisable to develop a single standard of detention conditions and ensuring the rights of persons in centers of short-term detention. The author proposes the structure of the Standard which can be prepared on the basis of international standards and that can be of a methodological nature.

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Makarov, Andrey N. "CRIMINOLOGICAL PORTRAIT OF A PERSON COMMITTING ILLEGAL ACTS IN PLACES OF FORCED DETENTION OF INTERNAL AFFAIRS BODIES." LEGAL ORDER: History, Theory, Practice 41, no. 2 (June 28, 2024): 179–85. http://dx.doi.org/10.47475/2311-696x-2024-41-2-179-185.

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The following categories of persons may be held in places of forced detention of internal affairs bodies: persons detained on suspicion of committing crimes; suspects and accused of committing crimes against whom a preventive measure in the form of detention has been chosen and persons sentenced to imprisonment. The main purpose of the functioning of places of forced detention is to ensure that a person in such an institution does not have the opportunity to further commit illegal acts, including crimes. But, often, this goal is not always achieved. Some persons in places of forced detention commit illegal actions of various nature and severity of consequences. At the same time, these persons may belong to the category of persons forcibly placed in these institutions and to the category of employees serving and working in these institutions. In order to prevent this, it is necessary to carefully study the identity of a person who is in places of forced detention of internal affairs bodies, make up his criminological portrait and choose the necessary tactics to combat crime in such places.

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Ustyanceva, Anastasiya D. "To the question of respect for the rights and legitimate interests of persons in places of detention." Yugra State University Bulletin 12, no. 1 (April 15, 2016): 240–44. http://dx.doi.org/10.17816/byusu2016121240-244.

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The article deals with the problems of observance of the rights and legitimate interests of persons in places of detention. The author of this article reveals the urgency of the problems of observance of rights and legitimate interests of persons in places of detention and assess current state. The author outlined the main activities of law-enforcement and other bodies to ensure the rights and legitimate interests of persons in places of detention.

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Dragojlović, Joko, and Ljubica Prica. "Critical Review of Decision on Detention and Rights of the Detained Person." Kultura polisa 19, no. 4 (December 21, 2022): 100–123. http://dx.doi.org/10.51738/kpolisa2022.19.4r.100dp.

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By detention, in the pre-investigation procedure, one person is deprived of his liberty, which results in limited freedom of movement of that person, with the simultaneous establishment of other restrictions on the detained person. An arrested person, as well as a suspect, can be detained. These persons are detained on the basis of a decision on detention, which is announced, made and served by the public prosecutor, or upon his approval by the police. According to this decision, the detention of a person can last for a maximum of 48 hours. Bearing in mind that this formal act restricts the detained person's proclaimed right to freedom for the purpose of unhindered conduct of criminal proceedings, while freedom of movement is one of the basic human rights in a democratic society, this clearly shows the importance of the legal treatment of the authorities in the pre-investigation procedure towards the detained person, as and the legality of the detention decision itself. In order for the detention of a person to be justified, it must be legal in both material and procedural terms. Otherwise, there would be a legal basis for the detained person to claim damages, due to the arbitrary detention made against him by the authorities. This article points out the formal-legal determinations of the decision on detention, and the rights of adult persons who have been detained for a hearing, with the aim of pointing out some perceived shortcomings after conducting research and analyzing data from the decision on detention and proposing some legal improvements.

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Karavaev, I. V. "Detention and Remand in Custody: Comparative Legal Analysis." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 145–53. http://dx.doi.org/10.17803/1994-1471.2020.112.3.145-153.

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The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

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Ишков, Юрий Владимирович, Yuriy Vladimirovich Ishkov, Владимир Сторожук, and Vladimir Anatolyevich Storozhuk. "Medical-social and organizational legal aspects of ensuring safety of persons contained in detention centers of penitentiary system of Russia." Vestnik of Astrakhan State Technical University 2019, no. 2 (November 19, 2019): 68–76. http://dx.doi.org/10.24143/1812-9498-2019-2-68-76.

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The article discusses the medical, social, organizational and legal problems of ensuring the safety of persons kept in pre-trial detention centers of the penal system. The ever-increasing influence of the criminal environment on the individuals kept in the Russian pre-trial detention centers has been stated. Among the appointed problems there have been emphasized the socio-demographic and criminogenic factors (deterioration of the criminogenic composition of the persons kept in pre-trial detention centers of the Federal Penitentiary Service) as the most significant ones. The rights of the suspects and the accused, the circumstances of their detention in sentences serving facilities, measures preventing crimes against the person have been listed. A particular attention is paid to ensuring the health of the contingent in the pre-trial detention centers

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Kovalevskyi, A. V. "PECULIARITIES OF DETENTION OF PERSONS FOR CRIMINAL OFFENSES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE." Scientific Herald of Sivershchyna. Series: Law 2022, no. 2 (July 12, 2022): 80–88. http://dx.doi.org/10.32755/sjlaw.2022.02.080.

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The author considers the features of criminal offenses in the article, which are related to extremism based on a comprehensive analysis based on previous studies of national scientists in which there is no consensus on the signs of intolerance draws conclusions and characterizes such acts, identifies their individual characteristics. Particular attention is paid to the detention conditions while realization of the preventive measures in the form of detention of such categories of persons accused of committing crimes on the grounds of racial, national or religious intolerance, which is important in the field of human rights, in isolation, overcoming discrimination against all its manifestations and ensuring personal safety. The author emphasizes that the pre-trial detention centers of the State Criminal and Executive Service of Ukraine are an institution for the implementation of a preventive measure in the form of detention, so considerable attention should be paid to the reception and placement of this category of prisoners. The article offers proposals for improving national legislation to allocate this category of persons to a separate group. It is concluded that attention is not paid enough to the personal safety of the personnel of penitentiary institutions. A number of specific issues have been clarified, namely the recommendations of the personnel of penitentiary institutions in which such persons are detained. Personnel should be careful and vigilant in dealing with them, aware of their life directions, fanaticism, radical views of those under fire for committing criminal offenses based on racial, national or religious intolerance. Key words: pre-trial detention, detention on grounds of racial, national or religious intolerance, hatred, hostility, categories of persons, penitentiary institution, detention center, penitentiary system.

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Tumanyants, Anush Robertivna, and Iryna Oleksandrivna Krytska. "Проблеми застосування запобіжного заходу у вигляді тримання під вартою щодо осіб, які мають вади зору." Copernicus Political and Legal Studies 1, no. 3 (2022): 71–81. http://dx.doi.org/10.15804/cpls.20223.09.

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The use of preventive measures such as detention enforcement is due to the restriction of fundamental rights. Particularly noteworthy is the issue of the feasibility of choosing this preventive measure for people with vision impairment. The aim of the research is determining the system of general standards of detention of persons with physical disabilities (in particular, visually impaired). The empirical base of the research is the national legislation of Ukraine, international acts, decisions of the European Court of Human Rights, data of the Integrated State Register of Court Decisions. The methodological basis is a set of general and special scientific methods, in particular, formal-legal (legal- technical) method of research, hermeneutical method, statistical method, system-structural method. On the basis of the research, taking into account the legal position of the ECtHR, the authors propose to distinguish the general standards of detention of persons with physical disabilities (in particular, visually impaired), such as: (1) detention should be reasonable in time; (2) it should not lead to health deterioration (compared to the natural course of the disease); (3) the prisoner should be provided with adequate medical care at an appropriate level; (4) the physical condition of the person in custody should not make him or her dependent on other persons being held with him or her in custody; (5) the conditions in which the person is remanded in custody must be appropriate to the physical condition of the person and cannot be considered separately from the person’s disability; (6) constant more intense surveillance should be provided to prevent any deterioration in health than might be the case if the person were not imprisoned; (7) if there is an appropriate medical finding that a person is not in custody, he or she should be considered by a competent subject for a possible change in the measure of detention or place of detention. The authors pointed out some shortcomings in the legislation and the law enforcement practice of this issue.

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Snitko, M. "FUNCTIONS OF THE REGIME OF EXECUTION AND SERVING OF CRIMINAL SENTENCES IN PENAL COLONIES AND PRE-TRIAL DETENTION CENTERS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 2 (April 10, 2024): 97–108. http://dx.doi.org/10.32755/sjcriminal.2023.02.097.

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The article examines the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers. The author points out that the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers are very important for ensuring the efficiency of their activities and safety. The article points out that the regime includes a number of basic functions aimed at achieving the goal of serving a sentence – correction, re-socialization of convicts and prisoners, and social adaptation of persons released from penal colonies and pre-trial detention centers. The article examines the types of functions and their significance. It is believed that the main purpose of the function is to reform convicted persons by forming new value orientations, and consolidating the norms of morality and law and order. It is noted that in correctional colonies and pre-trial detention centers, convicts are given the opportunity to receive education, vocational training and develop their skills. Such measures contribute to correction and prevent further illegal behavior of persons released from correctional colonies and pre-trial detention centers. Key words: penal institution, correctional colony, pre-trial detention center, convict, prisoner, legal status, punishment, regime, functions of the regime of execution and serving of sentences, correction, resocialization, prevention.

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Jengic, V. Sendula, and A. Jengic Bujan. "Psychiatric treatment of mentally ill persons in custody – legal, medical and ethical issues." European Psychiatry 64, S1 (April 2021): S380. http://dx.doi.org/10.1192/j.eurpsy.2021.1018.

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IntroductionThe most recent legal regulations in the Republic of Croatia govern the process of criminal procedure for persons in pre-trial detention who have a temporary mental disturbance for which psychiatric treatment is needed. The Prison Director is in this case obliged to seek psychiatric treatment for such persons who are then hospitalized in a psychiatric institution instead of a prison hospital or prison that meets the requirements prescribed by law for the accommodation of pre-trial detainees. Forensic departments of the five psychiatric hospitals in Croatia accept mentally incapable persons subject to court order, but not persons in custody, i.e. in pre-trial detention. Pre-trial detention is a measure imposed in the previous proceedings to ensure that the person to whom the measure is imposed is present during the pre-trial stage and the hearing stage, i.e. after the final judgment has been rendered until it becomes final. According to Croatian laws, a person who has been sentenced to pre-trial detention and who has mental disorders is entitled to a range of rights that must be respected, and at the same time, there are strict restrictions in exercising those same rights for the reason of sentencing to pre-trial detention.ObjectivesThe article points to several problems that have arisen in practice due to the under-regulation of pre-trial detention measures.MethodsPerspective, opinion, and commentary article.ResultsPerspective, opinion, and commentary article.ConclusionsThe authors discuss legal, medical, and ethical issues, but also the financial framework of such a process.

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Dissertations / Theses on the topic "Detention of persons"

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McMaster, Don. "Detention, deterrence, discrimination : Australian refugee policy /." Title page, abstract and contents only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phm167.pdf.

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Frank, Heather M. "Evaluating the effectiveness of an anger management program in a detention facility /." View online ; access limited to URI, 2007. http://0-digitalcommons.uri.edu.helin.uri.edu/dissertations/AAI3225317.

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Yu, Ping. "Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China /." Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.

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Kaguongo, Waruguru. "Prisoners' rights: the role of national human rights institutions in Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/991.

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"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1.
Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Cheng, Jinhua. "A threefold legal campaign : the central state, local bureaucracies, and social forces relating to the Sun Zhigang case /." View abstract or full-text, 2005. http://library.ust.hk/cgi/db/thesis.pl?SOSC%202005%20CHENGJ.

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Perry, Katherine Nicole. "Detesting brutality British Parliament and the method of detention during the state of emergency in Kenya, 1952-1960 /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-3/rp/perryk/katherineperry.pdf.

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Iakobishvili, Ekaterine. "Exploring the applicability and limitations of international human rights law to the protection of transgender persons : a case study on detention." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/21964/.

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This thesis explores and analyses the applicability and limitations of human rights law as it applies to transgender persons. As such limitations are most evident in a strictly sex segregated spaces, the thesis proposes a case study on detention to illustrate potential conflict between the binary models of the sexes, gender fluidity and application of international human rights law to those with transgender or non-binary gender identity. For this, the thesis reviews international human rights law sources, queer theory literature and transgender and non-binary gender studies. This research examines the issues of transgender and non-binary identities and their recognition in law, including developments in international human rights law and the recognition of transgender identities in human rights instruments. The thesis considers issues such as underlying principles of human rights, and substantive rights applicable to transgender persons while surveying the national jurisprudences to assemble and fully examine the available models of transgender recognition in law. The case study on detention analyzes the lived experiences of transgender prisoners and their life stories. It examines the international standards on the treatment of transgender prisoners and their human rights. The scope and applicable framework of protection is also discussed, considering the tension between binary nature of prisons and transgender persons’ non-binary gender. Overall, this thesis initiates a discussion about the binary/non-binary dichotomy in the prison context and asks a series of questions as to how transgender and non-binary gender identities can be accommodated in the prison context. It concludes with a number of recommendations for a deeper understanding of sex/gender and prison dichotomy both in theory and practice. The thesis also offers practical recommendations to international human rights mechanisms to provide specific guidelines on the application of human rights law to transgender and other non-binary gender prisoners.

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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.

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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.

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Skinner, Donald. "Factors caregivers believe helped their preschool children to cope with a parent's detention and subsequent events : a study from the Western Cape." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14324.

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Bibliography: leaves 43-46.
An exploratory study of factors that caregivers felt helped their child, in preschool at the time of the detention, to cope with a parent's detention was conducted. It is part of a broader study looking at the consequences for these children of the parent's detention. Semi-structured, depth interviews were conducted with the prime caregivers of the child, in 1986 and then a follow-up study was done in 1988. The original sample contained 19 subjects between the ages of two and six years, from a range of contexts. In the follow-up study 13 caregivers were re-interviewed. The research was done in cooperation with community groups who provided the contacts and gave direction. Caregivers reported a wide range of factors which they felt assisted coping, with varying levels of success. Results are reported in brief before a more detailed discussion is entered into, including case reports. The most commonly cited factor was the availability and use of social support and support structures, which appeared to be extensive in most cases. Family centered coping strategies were reported to be important where they were applied, particularly if the family was able to sit down as a whole and address the problems it faced. Politically centered strategies were also used. The focus in these was on obtaining information on detention so as to make sense of the situation and the use of political structures to give vent to emotions. Other aspects of coping not covered by the above areas include strategies such as keeping a regular routine. As was found in the 1986 study (Skinner and Swartz,L., 1989), security of life following the detention was found to be important in assisting the child to come to terms with the previous stressor.

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Tannam, Gerard Desmond. "The police and their dealings with mentally-abnormal persons." Thesis, [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302632.

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Books on the topic "Detention of persons"

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Canada. Immigration and Refugee Board. Guidelines on detention: Backgrounder. Ottawa: Immigration and Refugee Board, 1998.

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Fiszauf, Alec. The law of investigative detention. Markham, Ontario: LexisNexis, 2013.

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Saxena, Priti. Preventive detention and human rights. New Delhi: Deep & Deep Publications, 2007.

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Ombudsman, Victoria. Conditions for persons in custody. Melbourne, VIC: Ombudsman Victoria, 2006.

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Pearce, Rachel. Waiting for Crown Court trail: The remand population. London: Home Office, 1987.

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International, Amnesty, ed. China: Punishment without crime : administrative detention. London: Amnesty International, 1991.

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John, Scalia. Federal pretrial release and detention, 1996. [Washington, DC]: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1999.

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John, Scalia. Federal pretrial release and detention, 1996. [Washington, DC]: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1999.

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Scalia, John. Federal pretrial release and detention, 1996. [Washington, DC]: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1999.

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Tasmania. Office of Law Reform Commissioner. Police powers of interrogation and detention. [Hobart, Tas.]: Govt. Printer, 1990.

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Book chapters on the topic "Detention of persons"

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Goldkamp, John S., Michael R. Gottfredson, Peter R. Jones, and Doris Weiland. "Bail, Pretrial Release, and Detention: The Critical Need for Judicial Reform." In Personal Liberty and Community Safety, 3–18. Boston, MA: Springer US, 1995. http://dx.doi.org/10.1007/978-1-4615-1821-1_1.

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Rabenstein, Christiane, and Marnie Ratcliffe. "Arrest and Detention." In Blackstone's Counter-Terrorism Handbook, edited by Clive Walker. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198804482.003.0009.

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This chapter examines specific provisions for the arrest and detention of terrorist suspects, which exist to ensure the particular risks associated with those persons can be dealt with appropriately. It highlights Section 41 of and Schedule 8 to the Terrorism Act 2000 (TACT) which contains provisions for the arrest and detention of suspected terrorists. It also cites the Police and Criminal Evidence (PACE) Act 1984 Code of Practice H that covers the detention, treatment, and questioning by police officers of persons arrested under section 41 of TACT. The chapter explains that Section 41 of TACT creates a power to arrest those suspected to be terrorists, eliminating the need to satisfy the usual necessity test, although a police officer must have reasonable suspicion that the person is a terrorist. It emphasizes that a constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

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Smart, Huw. "Safer Detention." In Blackstone’s Custody Officers’ Manual. Oxford University Press, 2013. http://dx.doi.org/10.1093/law/9780199681822.003.0003.

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This chapter discusses the application of the Guidance on the Safer Detention and Handling of Persons in Police Custody 2012. It details the effect of Code C of the PACE Codes of Practice as it applies to custody staff. Most custody staff are primarily concerned with the risk of a person dying, or committing suicide during their detention. The chapter notes what the custody officer can do to minimize the risk of detainees attempting to self-harm or suicide by observing the detainee's behaviour. It also explains how Article 2 of the Human Rights Act 1998 is enacted to ensure that everyone's right to life is protected by law.

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Kretzmer, David, and Yaël Ronen. "Internment on Security Grounds." In The Occupation of Justice, 327–50. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190696023.003.0016.

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One of the main security measures employed by the military authorities in the Occupied Territories has been internment, outside the criminal process. The main form of internment, employed since the beginning of the occupation, has been administrative detention. This form of detention was not considered appropriate when there were mass detentions of potential fighters during active hostilities and a special legal arrangement was adopted to deal with such detentions. Another form of detention adopted at the beginning of this century is incarceration of persons regarded as ‘unlawful combatants.’ This chapter discusses the Court’s approach in review of all these forms of internment.

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Smart, Huw. "Conditions of Detention." In Blackstone’s Custody Officers’ Manual. Oxford University Press, 2013. http://dx.doi.org/10.1093/law/9780199681822.003.0005.

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This chapter elaborates on the conditions of detention as per Code C of the Codes of Practice. The Codes of Practice provide specific guidelines as to the accommodation provided in a custody office and the comfort of detained persons. Thus, the guidance should be viewed as a minimum requirement in relation to the detainee's welfare. The chapter explains that Custody officers should be mindful of their duty to comply with the Equality Act 2010 and the impact of the Corporate Manslaughter and Corporate Homicide Act 2007. It notes the role of the independent custody visitor, in the protection of the welfare of detainees at the custody office.

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Rohalska, Viktoriia, and Tetiana Fomina. "DETENTION BY THE AUTHORIZED OFFICER: LEGISLATIVE «LABYRINTS» AND REALITIES OF LAW ENFORCEMENT PRACTICE." In Science, technology, and innovation: the experience of European countries and prospects for Ukraine. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-190-9-8.

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The problems related to the procedure of detention by an authorized official without the decision of the investigating judge or court, of a person suspected of committing a crime have been studied, namely: the uncertainty about who is authorized to detain persons under Art. 208 of the Criminal Procedure Code of Ukraine; lack of understanding or authority of the above-mentioned persons to detained persons before entering information into the Unified Register of Pre-trial Investigations, to execute search warrant of detained person and to carry out temporary seizure of things and documents and whether further evidence obtained during such proceedings will be declared inadmissible; the lack of an effective mechanism for ensuring the rights of detainees, in particular, round-theclock urgent linguistic assistance for persons under criminal prosecution, etc. The purpose of the study is the new scientifically substantiated results of detention by an authorized official without the decision of the investigating judge, of a person suspected of committing a crime, as well as formulating on their basis scientifically based proposals and recommendations for improving criminal procedure law and practices of its application in the aspect of the subject of research. It is concluded that in today’s actuality it is possible to change the practice of detention only by taking comprehensive measures. The first aspect is related to legislative changes. We believe that the law should be clear. Consequently, the CPC of Ukraine must clearly define, first, the procedural status of a detained person, with the provision in a separate rule of his concept, rights and responsibilities; second; the issue of legality of detention before entering information into the Unified Register of Pre-Trial Investigations has been resolved; thirdly, the procedure for searching of a detained person has been regulated. The second aspect is related to the development of bylaws on the algorithm of actions of the authorized official, which would clearly define his powers; the order of interaction between different services and units during the detention of a person. The third aspect is related to the continued implementation of pre-trial investigation and pre-trial detention facilities in all units of the Custody Records system, which allows recording of all actions of a detainee from the moment of his/her actual detention until the issue of choosing a measure of restraint against him/her is resolved, in particular – and during the explanation of the rights of the detainee by the officials responsible for the stay of the detainees. The fourth area is to strengthen the measures of respect of the rights of the detained person and, in particular, the need to develop a procedure for hiring an interpreter through the Centers for Free Secondary Legal Aid and an effective round-the-clock mechanism for providing urgent linguistic assistance to detainees who do not speak the language of criminal justice.

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McGregor, Lorna. "Mental Health and Social Care Detention." In Detention and its Alternatives under International Law, 145–74. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198866237.003.0007.

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Abstract This chapter focuses on the international law on detention pursuant to national mental health legislation (‘mental health detention’) and for the purposes of social care (‘social care detention’). It sets out the piecemeal origins of international law in both areas which either failed to recognise fact patterns as entailing detention or accepted the legitimacy of detention based on impairment, incapacity, or risk of harm to the person or to others. The chapter details the rejection of these approaches within the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which established a paradigm shift in international law in providing an absolute prohibition of detention on grounds of disability. However, it tracks and critiques the limited modifications made by other supranational bodies to their interpretation of the legality and legitimacy of mental health and social care detention since the adoption of the UNCRPD. The chapter argues that supranational bodies that seek to maintain the possibility of detention for so-called ‘hard’ cases need to critically reassess whether their current models are ever capable of realising this objective and engage meaningfully with the full UNCRPD framework and the scholarship and practice that surrounds it.

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Connor, Paul, Glenn Hutton, David Johnston, and Gavin McKinnon. "Detention and Treatment of Persons by Police Officers." In Blackstone's Police Investigators' Manual 2019. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198831396.003.0007.

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Connor, Paul, Glenn Hutton, David Johnston, and Gavin McKinnon. "Detention and Treatment of Persons by Police Officers." In Blackstone's Police Investigators' Manual 2020. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198849407.003.0007.

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Johnston, David, and Glenn Hutton. "Detention and Treatment of Persons by Police Officers." In Blackstone's Police Manuals Volume 2: Evidence and Procedure 2021. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198866480.003.0007.

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Conference papers on the topic "Detention of persons"

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Pleić, Marija. "PROCEDURAL RIGHTS OF SUSPECTS AND ACCUSED PERSONS DURING PRE-TRIAL DETENTION – IMPACT OF DETENTION CONDITIONS ON EFFICIENT EXERCISE OF DEFENCE RIGHTS." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11914.

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Rasnačs, Lauris. "Komercķīlas regulējuma pilnveidošanas iespējas." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.07.

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Although the regulation and very existence of commercial pledge as one of the types of registered pledge in Latvia have certain benefits for legal transactions and economy in general, several issues may be identified in respect to the commercial pledge regulations in Latvia. These issues are mainly related to attempts to avoid detention rights, which other persons may have over the property, which sometimes actually and sometimes allegedly is pledged to the other person under the commercial pledge, as well as uncertainties related to the scope of the pledged property. Within this article, the author analyses these issues and proposes solutions to them mainly in the form of several amendments to the Latvian Commercial Pledge Law (Komercķīlas likums).

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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.

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Chupilkin, Yuriy B., and Yuriy V. Demidchenko. "Detention of a Person Subjected to Operational Investigative Prosecution." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010628500003152.

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Ganishina, I. S., L. N. Fedoseeva, I. V. Suchkova, T. V. Kirillova, and S. A. Pashukov. "Personal profile of the armed penal staff in places of detention." In Proceedings of the II International Scientific-Practical Conference "Psychology of Extreme Professions" (ISPCPEP 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/ispcpep-19.2019.12.

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Trajanovska, Vesna, and Natasha Peovska. "CHALLENGES IN THE PROCESSES OF CRIMINAL TRIALS AND DETENTION CAUSED BY THE COVID-19." In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.7.22.p11.

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ion that COVID-19 caused the backlog. The paper questions whether post-COVID recovery plans are realistic, particularly in relation to any increase in remote hearings. It concludes that a more fundamental shift should take place in dealing with criminal cases to enable faster and more effective access to justice for victims of all crimes. This article gives reports on the impact of court delays through analysis of the Macedonian law on the criminal procedure through the provisions and the process of pre-trial detention and detention on remand as well as the main hearing. If the physical presence of a lawyer in proximity to the detained person is not possible, there should be a confidential and unobserved line of communication between them, to enable detainees to have effective, frequent, and confidential access to their lawyers. The current Law on Criminal Procedure does not contain a basis for conducting a remote trial, i.e., a trial through a two-way communication platform without physical presence. There is a possibility for interrogation through video conference and telephone conference, but only for a witness and an expert, and not for a defendant. This paper suggests that a more fundamental shift needs to take place in dealing with criminal cases, which both reduces the number of cases going to court and deals more effectively with those that do. The COVID pandemic only emphasized the need to support the process of digitalization of the judiciary in the direction of greater efficiency, transparency, and access to justice. The digitalization process in the judiciary needs to be multifaceted, starting with the establishment of the legislative framework as a basis for taking procedural actions, tools for remote trials, or presenting only some evidence in that way, through timely and appropriate equipping the courts with ICT equipment. Keywords: COVID, main hearing, pre-trial detention, digitalization, criminal cases.

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Matei, Carmen. "Increasing the Quality of Life of the Prison Officers and their Families by Recovering their Work Capacity." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/41.

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The prison officers belong to a slightly known category, despite the transparency ensured after 1989 both by strengthening the relationship with the media institutions and by organizing the "open days" activities. They work in a closed environment between 8 and 12 hours a day, inconstant interaction with a relatively stable population the size of the administrative-territorial unit of a village type. The working schedule is on the one hand routine, on the other hand impacted by unforeseen situations, from those of major risk to those related to the management of the relationship and communication issues within the groups formed in the detention rooms. The mission is twofold, one side consisting in actions taken to maintain the security and safety of the community and the place of detention, and the other side represent the contribution to the education / re-education of convicts by influencing them, both directly and indirectly. The prison staff is seen as a teaching tool itself, their example being the trigger factor of the prisoners’ desire to change. Taking in consideration the numerical ratio between staff and prisoners, the situations in which one can ‘abdicate’ from the mission are excluded, so that the efficiency of the activity is conditioned by the maintenance of a continuous state of alert. After the working schedule, the prison officers continue their personal life, ensuring adequate emotional support for family members, participating in activities of the group of friends, etc., without projecting the accumulated stress from the workplace. But, intentionally or not, the transfer occurs, so that the effects of working in a closed environment marked by tensions and negative emotional charge are also felt by those close to them. Through their work, the prison officers contribute to the increasing of the quality of life to the community they belong to and the quality of life in detention (ensuring community security, individual and group safety, supporting the educational/re-educational process, ensuring somato-psycho-emotional health, etc.).Starting from this reality, through an opinion poll, we identified some of the needs to recover the work capacity, a necessary step to ensure a quality life for prison staff.

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Neimane, Lelde. "The Course of Life of Those Deported on 14 June 1941 Until Their Release from Forced Settlement. Examples of Disinformation, Misleading Information." In International scientific conference of the University of Latvia. University of Latvia Press, 2023. http://dx.doi.org/10.22364/ms22.10.

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Totalitarian state regimes use disinformation and misleading information in the form of propaganda to influence, control and reduce the possibility of critical thinking in their citizens. It still continues in several countries around the world. In order to facilitate recognising disinformation, to understand its manipulation methods, to promote critical thinking in a democratic environment, it has been valuable to analyse the country’s own lived experience through the prism of its inhabitants. The article reflects examples of the experience of the population displaced from Latvia during the mass deportation carried out by the Soviet totalitarian regime on 14 June 1941, from the moment when the echelons full of deported people crossed the border of Latvia and arrived at the deportation camps, until liberation, the opportunities for return and life in Latvia after the experience of deportation. Oral history, represented by interviews in video format from the video testimony collection of the Museum of the Occupation of Latvia are the basic historical sources of the current study, predominantly focusing on the memories of people who were adults at the time of deportation. Several accounts of the memories are compared with the documents in the criminal case files of the deportees stored in the State Archives of Latvia. In the article, the insights into the main findings are grouped into eight key points of the historical context: 1) the beginning of the German-USSR war; 2) information obtained at the site of displacement (deportee status, information about the men); 3) the end of the German-USSR war; 4) communication with relatives, friends in Latvia; 5) efforts to return to Latvia in 1946–1948 (illegally/legally); 6) deportation of 25 March 1949 (informed/uninformed); 7) Stalin’s death on 5 March 1953; 8) discharge in 1956–1957 and return to Latvia. Through examples, the article, reveals the disinformation of the Soviet regime in the form of silence, not responding to people’s questions, absence of any explanation either regarding the status of the displaced person, or any aspects of rights. Replies to written submissions to the state authorities of the USSR were rejected without explanation. At times, the repressive regime also used partial disclosure of information, for instance, regarding relatives who were shot and killed in imprisonment. Not only the very harsh physical conditions in the detention made the deportation inhumane, but the victims were also morally destroyed by this reigning ignorance, fear about their status, loved ones and fate.

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Reports on the topic "Detention of persons"

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Mehra, Tanya, Merlina Herbach, Devorah Margolin, and Austin C. Doctor. Trends in the Return and Prosecution of ISIS Foreign Terrorist Fighters in the United States. ICCT, August 2023. http://dx.doi.org/10.19165/2023.3.04.

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Approximately 300 Americans are estimated to have traveled or attempted to join the Islamic State (ISIS) as part of the group’s campaign in Syria and Iraq between 2013 and 2019. These individuals joined more than 53,000 men, women, and minors from roughly 80 countries. Often referred to as foreign (terrorist) fighters (FTF), these are individuals from third countries who travel to join a terrorist group to support its activities. In the United States (U.S.) context, the FTF designation does not denote the act of fighting itself, but rather the support of a designated foreign terrorist organization (FTO). While many of these radicalized individuals traveled alone to the conflict zone, others brought their families or formed new ones in-theater. As ISIS’ selfdeclared caliphate collapsed, many were killed, some fled to other locations, and many were captured and held by Kurdish forces. Men and some teenage boys were primarily placed in prisons, while women and minors were often moved into detention camps. Today, an estimated 10,000 male FTFs remain held in northeastern Syria including 2,000 men and boys from 60 countries outside Syria and Iraq (third country nationals, or TCNs). In addition, local camps hold close to 55,000 female FTF and FTF-affiliated family members, including roughly 10,000 TCN women and children. Some of these individuals have now been in detention for four years or more. The indefinite detention of FTF and FTF-affiliated families in northeastern Syria is not a tenable solution. In addition to clear humanitarian concerns, there is a significant security risk that the facilities’ inhabitants provide a groundswell of recruits to the still active ISIS campaign in the region. A 2022 U.S. military report puts it bluntly, “These children in the camp are prime targets for ISIS radicalization. The international community must work together to remove these children from this environment by repatriating them to their countries or communities of origin while improving conditions in the camp.” In lockstep, U.S. diplomatic leaders have made repatriation a policy priority empowered by a general domestic partisan consensus that the repatriation of FTF and FTF-affiliated families from northeastern Syria should be done expediently. Progress has been slow, while many Western nations were strongly resistant to bringing their detained citizens home, there is recent evidence for cautious optimism. Approximately 9,200 persons – including 2,700 TCNs and 6,500 Iraqis repatriated since 2019. This year, 13 countries have repatriated roughly 2,300 persons, including more than 350 TCNs. However, more work remains to be done. As of July 15, 2023, 39 U.S. persons have been officially repatriated, including both adults and minors. At least 11 additional U.S. persons have returned on their own accord, ten of whom remained in the U.S. following their return. Furthermore, the U.S. has made the decision to bring several non-U.S. persons to the U.S. to stand trial.

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Kerwin, Donald, Mark von Sternberg, Juan Osuna, Mary McClenahan, Alicia Triche, Helen Morris, and Tom Shea. The Needless Detention of Immigrants in the United States: Why Are We Locking Up Asylum-Seekers, Children, Stateless Persons, Long-Term Permanent Residents, and Petty Offenders? Catholic Legal Immigration Network, Inc., August 2000. http://dx.doi.org/10.14240/atriskreport4.

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Ryland, Howard, and Sarah Bunn. Reforming the Mental Health Act - Approaches to Improve Patient Choice. Parliamentary Office of Science and Technology, UK Parliament, May 2023. http://dx.doi.org/10.58248/pn695.

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The Mental Health Act 1983 has been criticised as being overly restrictive, with inadequate scope for patient choice and autonomy. The Government’s Draft Mental Health Bill proposes reforms to improve patient choice. A joint parliamentary committee report on the draft Bill recommended further changes to enhance choice, including a statutory duty to offer patients advance choice documents. Reports to date suggest that advance care planning could offer some benefits, but uptake can be low. Proposals to replace the Nearest Relative who has certain powers under the Act, with a Nominated Person of the patient’s choosing, have been widely welcomed. There are questions about operationalisation and safeguarding. Alongside the reforms, the Government is piloting ‘culturally appropriate advocacy’, which preliminary findings suggest could help advocates better support patients from ethnic minority backgrounds. The draft Bill removes learning disabilities and autism as grounds for detention under Section 3 of the Act. Stakeholders have raised concerns about unintended diversion to more restrictive pathways, such as the criminal justice system. A range of stakeholders share the view that careful implementation is needed to maximise the benefits of proposed reforms. The Government has not announced when the Bill will be introduced.

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