Overview

This bill amends the UK's Immigration Act, focusing on the detention of immigrants, particularly pregnant women. Key changes include time limits on detention, mandatory bail considerations after a certain period, and new guidance on the detention of vulnerable individuals.

Description

Immigration Detention: Time Limits and Judicial Oversight

The bill initially proposed a 28-day limit on immigration detention, with extensions possible only under exceptional circumstances determined by the First-tier Tribunal. This was replaced by a system requiring the Secretary of State to arrange a bail hearing for those detained under certain provisions after four months (Commons Amendment 84C).

Detention and Bail: Guidance on Vulnerable Persons

The bill mandates the Secretary of State to issue guidance on determining whether an individual is vulnerable to harm while in detention and whether detention is necessary. The initial version explicitly prohibited the detention of pregnant women; this was amended to allow detention only in exceptional circumstances and subject to a time limit of 72 hours, extendable to seven days with ministerial authorization (Commons Amendment 85C and amendments thereto).

The guidance must be laid before Parliament and taken into account by those involved in detention decisions. Further amendments removed a consultation requirement with the Independent Family Returns Panel for cases involving pregnant women.

Government Spending

The bill's financial implications are not explicitly stated. However, changes to detention procedures may affect the operational costs of detention facilities and the workload of the First-tier Tribunal.

Groups Affected

• Immigrants facing detention: The bill impacts their rights to detention length, bail, and the overall process of judicial review.
• Pregnant immigrant women: Significant restrictions are placed on their detention, though exceptions are possible under specific circumstances. Their welfare must be considered in detention decisions.
• The First-tier Tribunal: Increased workload due to mandatory bail hearings.
• The Secretary of State: Responsible for implementing the new guidelines and processes relating to detention and bail.

Powered by nyModel