Strip-searching for nationality documents

Journal article


Spalding, A. 2020. Strip-searching for nationality documents. The Modern Law Review.
AuthorsSpalding, A.
Abstract

Section 51 of the UK’s Immigration Act 2016 introduced a new power to conduct strip-searches for nationality documents on those held in immigration detention or in prisons. Unlike in previous case law, the goal of this new power appears to be administrative efficiency, rather than safety and security. This article describes the wider legal context of the measure and analyses it from a human rights perspective. This includes an in-depth examination of the administrative justification for this new power as well as a critical look at some of the issues with strip-searching in practice.

KeywordsStrip-searching; Immigration detention; Immigration Act 2016; European Convention on Human Rights
Year2020
JournalThe Modern Law Review
PublisherWiley
ISSN0026-7961
Publication process dates
Accepted09 Sep 2020
Deposited23 Sep 2020
Accepted author manuscript
File Access Level
Restricted
Output statusIn press
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https://repository.canterbury.ac.uk/item/8w503/strip-searching-for-nationality-documents

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