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D5.30 Persons detained under warrant of commitment or released on conditions pending making of deportation order

See also Immigration Act 2009 s 322

  1. This section applies in the case of a person who was arrested and detained on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security and who:
    1. is being detained pursuant to a warrant of commitment issued under section 317 or 318 of the Immigration Act 2009; or
    2. has been released on conditions under section 320 of the Immigration Act 2009.
  2. If the Minister decides not to certify that a person to whom this section applies constitutes a threat or risk to security, or fails to make a certification not later than 14 days after the initial arrest under section 313 of the Immigration Act 2009:
    1. the person ceases to be liable to arrest and detention under Part 9 of the Immigration Act 2009; and
    2. in the case of a person being detained under a warrant of commitment, an immigration officer must notify that fact in writing to the manager or other person in charge of the prison or premises identified in the warrant.

Effective 29/11/2010

IN THIS SECTION

D5.1 Person may instead agree to residence and reporting requirements

D5.5 Application for warrant of commitment

D5.10 Decision on application for warrant of commitment

D5.15 Warrant of commitment

D5.20 Court may instead release person on conditions

D5.25 Decision on application for warrant if threat or risk to security

D5.35 Decisions on warrants of commitment where detention beyond 6 months

D5.40 Review of warrant of commitment or release on conditions

D5.45 Right of access to counsel and legal aid

D5.50 Bail

D5.55 Form of custody of persons detained without warrant overnight

D5.60 Form of custody of persons detained under warrant of commitment

D5.65 Detention of minors

D5.70 Delivery of person into custody of immigration officer or police for purposes of deportation

D5.75 Mass arrival warrants of commitment

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