Detention
Produced in partnership with Ben Amunwa of The 36 Group and Samina Iqbal of Goldsmith Chambers

The following Immigration practice note produced in partnership with Ben Amunwa of The 36 Group and Samina Iqbal of Goldsmith Chambers provides comprehensive and up to date legal information covering:

  • Detention
  • Overview of the Home Office's policy on detention
  • Who is liable to detention for immigration reasons?
  • On arrival in the UK pending an immigration officer’s decision
  • When a person leaves or seeks to leave the UK
  • Pending a decision to issue removal directions or enforce removal
  • Persons awaiting deportation
  • EEA nationals and their family members
  • Ship, aircraft and Channel Tunnel train crew members
  • Persons unsuitable for detention
  • More...

Detention

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control. It includes an overview of the Home Office’s policy on detention as well as a discussion of who is liable for detention and who is considered unsuitable for detention. It also identifies the places in which a person may be detained for immigration reasons. The Practice Note is primarily intended to provide a summary of the key principles involved, as a detailed treatment of this topic is currently outside the scope of Lexis®PSL Immigration.

Overview of the Home Office's policy on detention

The Home Office, including Border Force, has the power to detain individuals when exercising immigration control. However, each time the power to detain arises, the Home Office also has the power not to detain and to allow the individual to be in the UK on a temporary basis on immigration bail.

Detailed guidelines on how the power to detain is to be exercised

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