Reviews
Book Review
Foreign national prisoners: law
and practice
by Laura Dubinsky
Publisher: Legal Action Group
(2012)
ISBN: 978 1 903307 66 3
(paperback)
Price: £55.00 (paperback)
Foreign national prisoners: law
and practice is a comprehensive
guide to immigration law, those
aspects of prison law that impact
foreign national prisoners, and
other legal rules relevant to foreign
nationals in prison, detention or
otherwise attracting the attention
of the immigration authorities.
Written by barrister and
immigration and prison law
specialist Laura Dubinsky, with
contributions from Hamish Arnott
and Alasdair MacKenzie, the book
seeks to provide a detailed analysis
and critique of case law from
domestic courts and those of the
European Union and European
Court of Human Rights. Published
by the Legal Action Group, the
book (unsurprisingly) follows a
polemical narrative, taking the side
of the prisoner/detainee. This does
not in any way detract from a
thoroughgoing coverage of the
subject. Foreign National Prisoners
is the first work of its kind,
attempting, as it does, to cover as
broad a range of topics as the name
implies. As such, it is a welcome
addition to the bookshelf of the
legal practitioner and prison
professional alike. It is also an
invaluable
complement
to
Creighton and Arnott’s Prisoners:
law and practice — so often seen in
the hands of lawyers attending
prison adjudications.
Fifty years ago, a book on the
subject of foreign national prisoners
would have been a thin volume
Issue 204
indeed, as High Court judge Sir
Nicholas Blake points out in his
foreword. As he says, ‘Such a survey
would primarily be concerned with
the distinction between aliens and
British subjects and the broad
exercise of prerogative powers
available in respect of the former
class.’ In practice, this meant that
the Home Secretary could do pretty
much as he pleased. Today, the
position is very much more complex
and with constant and evercontroversial public debate in
progress. Demands for curbs on
immigration and fears of foreign
criminals compete with the rights of
those who wish to claim asylum, or
those who have established family
ties or, for that matter, those who
were born and bred here and
whose right to stay has been
threatened.
Reading Foreign National
Prisoners as a non-lawyer, one gets
the impression of a deeply
researched and splendidly well
organised exposition of the subject.
The first part, comprising over half
the total pagination of around 900
pages,
is
concerned
with
deportation. UK legislation is
covered in detail, including the
1971 Immigration Act, 2007 UK
Borders Act and the 2009 Borders,
Citizenship and Immigration Act.
The first part also covers EU and
EEA rules such as the Citizens
Directive and the EEA regulations
2006. The section then goes on to
consider the impact of the
European Convention of Human
Rights (enshrined in English law in
the form of the 1998 Human Rights
Act). The section concludes with a
consideration of the appeals
process in deportation cases.
Part Two — Prison Law —
starts with a useful summary of the
prison system, legislation, policy
and sentencing practice before
Prison Service Journal
considering the position of foreign
nationals in prison. The section
continues with a look at temporary
and early release, early removal and
repatriation. A final chapter in this
section considers the position of
foreign national prisoners in relation
to mental health legislation.
Part Three gives a thorough
account of immigration detention,
related statutory powers, common
law principles and detention policy.
The effects of Convention articles
are covered in some depth,
particularly in relation to children of
detainees. A further chapter
considers places of detention and
how they are used.
The final part looks at remedies
available to detainees and foreign
national prisoners and includes
coverage of claims for damages.
Overall, this book is a valuable
source of reference for any lawyers
with a need to provide a degree of
expertise in this area. It is, however,
equally useful to prison managers
and those working with foreign
national prisoners in prisons and
other places of detention.
Ray Taylor is a prison officer at
HMP Pentonville in London.
Book Review
Racial criminalisation of
migrants in the 21st century
Edited by Salvatore Palidda
Publisher: Ashgate (2011)
ISBN: 978-1-4094-0749-2
(hardback)
Price: £70.00 (hardback)
This collection has been drawn
together by Salvatore Palidda,
Professor of Sociology at the Faculty
of Education in the University of
57
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