Regina (SM) v Lord Chancellor (Bail for Immigration Detainees intervening)

摘要

1 Persons detained under Immigration Act powers in immigration removal centres ("IRCs") have access to legal advice under the Detained Duty Advice Scheme ("the DDAS"). The DDAS was established by the Lord Chancellor in exercise of his powers under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LASPO"). Has the Lord Chancellor acted unlawfully by failing to make similar provision for those detained under Immigration Act powers who are held in prisons? The claimant in this claim contends that the lack of provision equivalent to the DDAS for Immigration Act detainees held in prison amounts to unlawful discrimination contrary to the requirements of article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR") read together with articles 2,3,5 and 8.