Written question asked by Lord Laird (Ulster Unionist Party), in the House of Lords. It was answered by Lord Henley (Conservative) on Thursday, 8 December 2011.

Justice: Legal Fees

Question: To ask Her Majesty’s Government whether they will seek to deduct the court costs involved in Mr Joseph Memer's 20 convictions for criminaloffences and any legitimate imprisonment costs from the damages awarded in the High Court and due to be paid to him for unlawful imprisonment between January and May 2011; and whether they have ascertained his real name and country of origin.

Answer: Under the Prosecution of Offences Act 1985 the court can order that a convicted defendant pay the costs of the prosecution where it is "just and reasonable to do so". However any such order would require costs to be paid to the Crown Prosecution Service (CPS), which is legally separate from the UK Border Agency (UKBA). As a result it is not possible to deduct amounts that are owed to the CPS from the amount that the UKBA is required to pay in damages as a result of the successful legal challenge to detention. It is possible to offset, against any award of damages, any outstanding debts an individual may otherwise owe the person paying the damages. However, the legislation governing immigration detention makes no provision for the payment by the detained persons of any of the costs of detention. Accordingly, the individual has no debt owing to UKBA in respect of that detention. The UKBA will continue its efforts to identify and deport this individual.

Secondary information

Type: Written question
Reference: 13598; 733 c195-6WA
Session: 2010-12
Subjects: Detainees Damages Migrants Legal costs Judgements Prosecutions High Court False imprisonment UK Border Agency Memer, Joseph
Link: View this Written question on www.publications.parliament.uk