Detention, temporary admission and bail [Archived]
Produced in partnership with Samina Iqbal of Goldsmith Chambers
Detention, temporary admission and bail [Archived]

The following Immigration practice note Produced in partnership with Samina Iqbal of Goldsmith Chambers provides comprehensive and up to date legal information covering:

  • Detention, temporary admission and bail [Archived]
  • 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...

This Practice Note covers the law relating to temporary admission and bail which applied as of 24 November 2016, prior to the commencement of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052.

This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control, as well as the forms of release that are relevant to persons who are liable to detention, ie temporary admission/temporary release, restriction orders and bail. The note is primarily intended to provide a summary of the key principles involved, as a detailed treatment of these topics is currently outside the scope of Lexis®PSL Immigration.

For more detailed commentary on these topics, including on challenging detention, please see Chapter 18 of Macdonald's Immigration Law and Practice (for which a relevant subscription to Lexis®Library is required). For a critical overview of the situation in relation to immigration detention in practice, please see the joint report of the All-party Parliamentary Groups on Refugees and Migrants into the use of immigration detention in the UK, published on 3 March 2015. For a discussion on the changes to detention and bail implemented by the Immigration Act 2014, see News Analysis: Immigration Act 2014—Bail and detention. Note also that, at the time of writing, the detained fast track has been suspended pending a review of its operation, following the decision

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