Case No. UKUT-00241-(IAC)

[2008] EWCA Civ 540. 18. Secondly, the grounds contend that the judge failed to determine whether the appellant would be subject to pre-trial detention on return to Ukraine. The judge was asked to make a finding as to the prospects of the appellant facing pre-trial detention on return, even if the eventual sentence was likely to be non-custodial. His failure to do so rendered the decision unsustainable. 19. Following the ‘error of law’ hearing the Tribunal gave both parties an opportunity to supplement their oral submissions with further written submissions in respect of the IHL issue. We are grateful to the representatives for the further submissions.