News & Resources

Robin Tam QC and Emily Wilsdon represented the Home Secretary in a challenge to a curfew

9th November 2017

A judgment was handed down by Lewis J on 30 October 2017 following a three-day hearing in the Administrative Court. The judicial review claim challenged the imposition of a curfew by the Home Secretary on a foreign national offender.

Following a three-day hearing in the Administrative Court, Lewis J found that a curfew imposed on a foreign national offender was unlawful as it was imposed pursuant to an unpublished policy about curfews, and because the Claimant was not afforded an opportunity to make representations prior to its imposition. The policy concerned the re-imposition of curfews that had had to be lifted following the Court of Appeal’s decision in R (Gedi) v Home Secretary [2016] EWCA Civ 409, [2016] 4 WLR 93 (in which Robin Tam QC had also represented the Home Secretary).

However, the Court rejected a number of other arguments advanced by the Claimant. The Court’s conclusions included the following:

There was no abuse of power or departure from an earlier decision of the First-tier Tribunal to grant bail to the Claimant (which had not specifically considered whether or not to impose a curfew).

The bail power contained in paragraph 22 of Schedule 2 of the Immigration Act 1971 is not limited to preventing absconding, but could be used to prevent offending.

The Secretary of State’s use of ‘nominal’ re-detention for a very short period in order to grant bail including a curfew was not detention which was covered by Chapter 55 of the Enforcement Instructions and Guidance, and respected the FTT’s decision that the Claimant should be released from detention on appropriate conditions.

As a matter of principle, a 7-hour curfew would not necessarily be more onerous than two periods of 2 hours each; and a substantive curfew of a number of hours each day would not necessarily be disproportionate or unjustified, intended as it is to ensure that the offender keeps regular structured hours and returns home on a daily basis, which can deter absconding and reduce the risk of re-offending.

Judgment was handed down on Monday 30 October 2017.

Robin Tam QC and Emily Wilsdon, along with Mathew Gullick at 3PB, were instructed by the GLD on behalf of the Secretary of State.

Related Barristers

Robin Tam QC

Robin Tam QC
Year of Call: 1986
Year of Silk: 2006

Emily Wilsdon

Emily Wilsdon
Year of Call: 2011

Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or

To learn more visit our Covid-19 Information page.