Persons detained
Length of detention
1986
1987
1988
Less than 1 month
322 (62%)
259 (46%)
746 (71%)
1 to 2 months
132 (25%)
169 (30%)
186 (18%)
2 to 3 months
38 (7%)
66 (12%)
52 (5%)
Over 3 months
30 (6%)
66 ( 12%)
60 (6%)
522 (100%)
560 (100%)
1 044 (100%)
Detention of illegal entrants
Length of detention
1986
Persons detained
1987
1988
Less than 2 weeks
494 (58%)
659 (59%)
1 317 (76%)
2 weeks to 1 month
241 (29%)
252 (24%)
186 (10%)
1 to 2 months
57 ( 7%)
103 ( 9%)
120 (7%)
2 to 3 months
Over 3 months
21 (2%)
33 (3%)
40 (3%)
30 (4%)
56 (5%)
72 ( 4%)
843 (100%)
1 103 (100%)
1 735 (100%)
Unlawful arrest or detention
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compensation
125. Persons who have been detained in custody without lawful authority may take action at law to seek redress and may apply to the Secretary of State for an ex gratia payment of compensation. Where a person has been held in custody charged with an offence which has subsequently not been pursued, or where there has been an acquittal at court or on an appeal made within the normal time-limits, an application may be made for an ex gratia payment of compensation. The basis on which such claims are considered was outlined in a statement made by the Home Secretary on 29 November 1985. Payment will be considered only where the detention has resulted from serious default on the part of a member of the police or some other public authority, or in other exceptional circumstances, for example where facts emerge at trial which completely exonerate the accused. Applications for compensation will not be considered simply because, at trial, or on appeal, the prosecution was unable to sustain the burden of proof beyond a reasonable doubt in relation to the charge brought. If payment of compensation is agreed in principle, the amount to be paid will be determined by an independent assessor.
126. In 1986, ex gratia payments of compensation in respect of unlawful detention were made in five cases. There were six such payments in 1987 and five in 1988. In those cases where persons had been held in custody charged with an offence not subsequently pursued or had been acquitted at court or on appeal, eight ex gratia payments were made in 1986, eight in 1987 and three in 1988 (see also paras. 212-213 below).