Overview

This bill aims to reform the UK's immigration detention system, placing stricter limits on detention times and strengthening the right to bail for individuals facing deportation. It introduces a 28-day maximum detention period and mandates a prompt bail hearing within 96 hours of detention.

Description

The Immigration Detention Bill sets new rules for detaining individuals under immigration law. Key aspects include:

Maximum Detention Period

A maximum 28-day detention period is established. This period can restart if there's a material change in the individual's immigration status. Individuals deemed vulnerable are exempt from detention.

Right to Bail

Within 96 hours of detention, the Secretary of State must either release the individual, grant bail, or refer the case to the First-tier Tribunal for a bail hearing. This hearing must occur within 24 hours (excluding weekends and bank holidays). Bail will be granted unless removal is imminent (within 14 days), travel documents are in place, there are no legal barriers to removal and there are no very exceptional circumstances justifying detention.

Vulnerable Individuals

The bill explicitly protects vulnerable individuals from detention. Regulations defining "vulnerable" must be established within six months of the bill's passage and approved by Parliament.

Other Provisions

The Secretary of State's power to detain is limited to examination purposes, unless removal is imminent, detention is strictly necessary, and proportionate. The bill applies to England, Wales, Scotland, and Northern Ireland.

Government Spending

The bill doesn't explicitly state the financial implications. However, potential costs could arise from increased administrative burdens related to the shorter detention periods, more frequent bail hearings, and the development of criteria for identifying vulnerable individuals.

Groups Affected

Groups potentially affected include:

• Individuals facing deportation: They will experience stricter time limits on detention and a strengthened right to bail.
• Immigration officials: Their workload may increase due to the need for quicker processing of bail applications and adherence to stricter timeframes.
• The First-tier Tribunal: The number of bail hearings could rise, potentially increasing their workload.
• Vulnerable individuals: They benefit from explicit protection against detention.
• Legal representatives: Increased demand for their services related to bail hearings is anticipated.

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