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D5.45 Right of access to counsel and legal aid

See also Immigration Act 2009 s 333

  1. Any person in custody under the Immigration Act 2009 has the right to contact a lawyer or (if the detained person is a minor) any parent or guardian, or nominated responsible adult, and must be informed of that right.
  2. If the detainee chooses to exercise that right, the person nominated must be allowed access to the detainee and to communicate with the detainee in private.
  3. Any person about whom a warrant of commitment is being sought under section 316 of the Immigration Act 2009 who is subject to turnaround and/or arrest and detention under Part 9 of the Immigration Act 2009 is eligible to apply for legal aid pursuant to the section 7(1)(l) of the Legal Services Act 2000.

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

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

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

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

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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