Previous Topic

Next Topic

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

See also Immigration Act 2009 s 332

Every person who is to be detained in custody (see D4.15) under a warrant of commitment must be detained:

  1. in the case of a person under 18 years of age who is not married or in a civil union, in a place approved for the purpose by the District Court Judge before whom the person is brought, being:
    1. a residence (within the meaning of section 2(1) of the Children, Young Persons, and Their Families Act 1989) or other premises under the control of, or approved by, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or
    2. if the person is not married or in a civil union, any other premises agreed to by an immigration officer and the person's parent, guardian, or responsible adult; or
    3. premises approved by the Chief Executive under section 330 of the Immigration Act 2009; or
  2. in any other case:
    1. in a prison; or
    2. in other premises approved for the purpose by the Judge, being premises approved by the chief executive under section 330 of the Immigration Act 2009.

Effective 28/08/2017

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

D5.45 Right of access to counsel and legal aid

D5.50 Bail

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

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

PREVIOUS IMMIGRATION INSTRUCTIONS

D5.60 Form of custody of persons detained under warrant of commitment (29/11/2010)

Top of page | Print this page