Bumju Kim, R (on the application of) v Governor of HMP Wandsworth
[2024] EWHC 645 (Admin)
Walid Niagui v The Governor of HMP Wandsworth
17 November 2022
[2022] EWHC 2911 (Admin)
High Court
A man was found not guilty in court but was kept in jail for three days because of mistakes and miscommunication between the court, police, and the prison. The judge said this was illegal and the prison has to pay the man's legal fees.
Key Facts
- •Walid Niagui, an Italian national, was acquitted of two charges of breaching notification requirements under the Sexual Offences Act 2003 on November 4, 2022, at Westminster Magistrates' Court.
- •Despite the acquittal, he was not released and remained in custody for three days.
- •He was transferred to Southwark Police Station and then HMP Wandsworth.
- •His solicitor, Steven Levy, applied for a writ of habeas corpus.
- •The Governor of HMP Wandsworth initially defended the detention but ultimately accepted it was unlawful.
Legal Principles
No one can detain another person except with lawful authority.
Common Law
The burden of proof lies on the detaining authority to show lawful authority for detention.
Common Law
Compliance with Prison Service instructions is not a lawful ground for detention.
Common Law
A remand warrant authorises detention only until the next hearing date; it does not automatically extend detention beyond acquittal.
Interpretation of remand warrant
Outcomes
The claimant's detention was unlawful.
The remand warrant expired upon acquittal; there was no other lawful authority to detain the claimant.
The Governor of HMP Wandsworth must pay the claimant's costs.
The unlawful detention was admitted, and the claimant's lawyers actively worked to secure his release.
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