Detention & Bail

If you are detained we can assist you in, attending upon you at a detention centre, and providing advice as to the law and practice for detaining persons and we can assist in preparing a bail application, representing you at the First-tier Tribunal.

Detention & Bail

By “detention” is meant confinement. Under United Kingdom immigration law there is a power to detain: an illegal entrant, seaman deserter, person liable to administrative removal (i.e. a person who needs leave to enter or remain is without such permission or someone suspected to be such a person). The power is in Schedule 2 to the 1971 Act as amended.

There is also a power to detain a person who is: subject to deportation action .This is set out in paragraph 2 of Schedule 3 to the 1971 Act.

The power to detain a person is subject to the right to liberty, under article 5 of the European Convention on Human Rights. In any event a power to detain may only continue for a period that is reasonable in all the circumstances, these are known as the Hardial Singh principles from the leading case of R –v- Governor of Durham Prison ex p E Hardial Singh [1984] 1AER 983.

We Can Help

A person who is detained can apply for bail. By “bail” is security given for the release of, here, a detainee’s return to a reporting centre or court. persons who are detained can apply for bail.

Illegal entrants and persons served with notice of administrative removal are eligible to seek bail at all stages of the detention process. There is no requirement that they must have an appeal pending.

The Secretary of State for Home Department has power to grant bail, without the matter going to court. The First-tier Tribunal is the court at which a bail hearing will take place. An application is commenced by lodging completing and submitting a form B1.

 020 7604 3572

If you are detained we can assist you in, attending upon you at a detention centre, and providing advice as to the law and practice for detaining persons and we can assist in preparing a bail application, presenting you at the First-tier Tribunal.

Haris Ali Solicitors can help

Here To Help

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