A sex attacker could win up to £80,000 in damages after judges ruled he could sue for compensation for being detained for too long whilst he fought deportation from the UK, reports the London Evening Standard.
UK judges have sparked outrage this week after they ruled that a sex attacker could sue for compensation after he was detained by the Home Office for too long during his battle to fight deportation.
The man, who remained anonymous during the trial, is 25 years old and a Sudanese national.
The court heard how the Home Secretary had detained him for two years whilst seeking to deport him back to the Sudan after he had been convicted of two offences of sexual activity with a 13-year-old girl in 2008.
The man, known as JS during the case, was involved with four other men in luring three girls to a house for sexual activities.
UK law prohibits sexual activity with any girl under the age of 16, even if they are consenting.
Earlier this year a High Court judge had ruled that JS was not entitled to sue for compensation, after he was detained by the Home Office for eight months whilst they sought his deportation back to Sudan.
This week the Court of Appeal overruled the decision, saying that his past criminal offending was not a justification for extending his time in detention for immigration reasons.
“His past criminal offending, of itself, cannot be any justification for implementing or extending his time in immigration detention,” said the judges in ruling in favour of JS.
The Court of Appeal has now sent the case back to the High Court to determine the level of compensation that is appropriate, with legal experts suggesting a figure of between £40,000 and £80,000 as a likely settlement.
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