D4.40 Custody

Immigration Act 1987 ss 59, 62

1. People who are placed in custody and are to be detained overnight will be detained in approved premises or a Police station.
2. Unmarried people under the age of 17 who are to be detained overnight will be detained in:
   1. a residence or other premises under the control of, or approved by, the Director-General of Social Welfare; or
   2. other premises agreed to by an immigration officer and the person's parent or guardian, or the adult nominated to represent the interests of the person (see D5.1).
3. People who are to be detained in custody under a warrant of commitment will be detained:
   1. in a penal institution (as if they are an inmate awaiting trial); or
   2. in other premises approved for detention by the Judge before whom they were brought.

Effective 01/10/1999