Y4.20 Places of custody

Immigration Act 1987 ss 128(6) and (7), 128B(7) and (8)

1. For the first 48 hours of detention the place of custody will normally be a Police station, unless:
   1. the Secretary of Labour has approved other premises; or
   2. a Judge has directed that the person be detained in a penal institution; or
   3. the detained person is an unmarried person under 17 years of age.
2. An unmarried person under 17 years of age is to be detained in:
   1. any residence (within the meaning of section 2 of the Children and Young Persons Act 1974) or other premises under the control of, or approved by, the Director-General of Social Welfare; or
   2. any other premises agreed to by the parent or guardian of that person and an immigration officer.
3. If detention is to exceed 48 hours a warrant of commitment must be obtained (see Y4.35) which will authorise detention in a penal institution or other premises approved by a District Court Registrar or Deputy Registrar.

Effective 01/10/1999