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England and Wales decisions
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The court dismissed a claim for false imprisonment and assault/battery, finding the arrest lawful, necessary, properly explained, and carried out with reasonable force.
Sharma, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 3165 (Admin) (02 December 2025)
The court refused immediate release from immigration detention, finding detention still lawful under Hardial Singh, but ordered release if removal did not occur by 3 December 2025.
The conviction was quashed because the jury was misdirected as to the burden and standard of proof for the reasonable excuse defence; the prosecution should have been required to prove beyond reasonable doubt that the defendant had no reasonable excuse, and the misdirection rendered the conviction unsafe.
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Applicant has a sustained history of absconding to avoid legal process, faces extradition and custodial sentences, and retention of passport is necessary to prevent risk of absconding. No sufficient evidence that passport is required for inheritance formalities or daily identification needs. Refusal to vary bail conditions is justified to avert risk of failing to surrender.
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Bednarczyk v Polish Judicial Authority [2025] EWHC 2310 (Admin) (17 July 2025)
The High Court refused to vary an extradition defendant’s bail to release his passport or allow a new passport application, finding a real risk of absconding.
The High Court dismissed an extradition appeal to Poland, holding that Article 8 ECHR was not breached, fresh evidence was not decisive, and bail conditions did not tip the balance.
Allowance for time spent on a non-qualifying curfew should be made where justice requires, considering the duration and significance of restriction, but not mirroring statutory calculations; in this case, a three-month reduction is appropriate due to the long curfew and partial responsibility for delay.
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The Family Court, having conducted a detailed fact-finding process and possessing expert input, is better placed than the Police to assess risk to the child and determine whether unsupervised contact is appropriate. Bail conditions should not preclude the Family Court from making such determinations if it is in the child's welfare interests.
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The claimant's deteriorating mental health and risk of self-harm and suicide outweigh public protection concerns, especially given barriers to deportation and unreasonable length of detention. Public protection can be managed by bail conditions and probation supervision. Accommodation issues require further assessment and involvement of the Probation Service.
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Given the history and risk of breach, bail conditions restricting the defendant's access to the vessel except under police escort are appropriate; additional conditions sought by the defendant are not justified without proper application.
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