Detention and Bail

/ Detention & Bail

Immigration Detention and Bail Applications

 

The Home Office has the power to detain individuals when exercising immigration
control. However, the Home Office also has the powers not to detain and to allow the
individual to be in the UK on a temporary basis.
Detailed guidelines on how the ‘power to detain’ is to be exercised provide that:
• There must be strong grounds for believing that an immigrant will not comply with
the conditions of releases
• Detention must be based on one of the statutory powers and accord with Home
Office policy and with the limitations implied by domestic and human rights
involved.
• Detention must be used sparingly and for the shortest period necessary
• Special consideration must be given to families and unaccompanied children.
• Each case must be considered on its merits, including consideration of the duty
to have regard to the need to safeguard and promote the welfare of any children
involved.
Detention is usually appropriate only
• Where there is a reason to believe that the person will fail to comply with any
conditions attached to their release
• To effect removal
• Initially to establish a person’s true identity on the basis of their application
Persons unsuitable for detention
The following categories of individuals are not considered suitable for
immigration detention:

• Unaccompanied children
• Pregnant women
• Torture victims
• People with serious disabilities
• The elderly
• People suffering from serious medical conditions which cannot be managed in
detention
• Those suffering from serious mental illness

If you believe you or some detainee you know fits into any of the above categories, we
can arrange for your or such detainee’s quick release. It may also be possible to claim
compensation for the time that you or such detainee spent illegally in immigration
detention.
Applying for Immigration Bail?
You can apply for bail if you are in an immigration removal centre, detention centre or
prison.
You can always apply for bail if you are detained in an immigration removal centre or a
detention centre.
Applying for Bail?
There are two routes through which a detainee can apply for an immigration bail:
• Through the Home Secretary (“Secretary of State bail!) any time after you arrive
in the UK, or detained in an immigration detention/removal centre
• Through the First-tier Tribunal (Immigration and Asylum Chamber) if you have
arrived more than eight days ago
It should be remembered that the Home Office has the same powers as the First-tier
Tribunal to grant bail and manage the conditions of bail.
Circumstances when your bail grant chances are higher
You are more likely to receive bail under the following circumstances:
• You have a “Financial Condition Supporter  who will pay a reasonable
amount of money if you don!t follow the conditions of your bail
• You have a potential release address to live at
• You have an outstanding immigration application or appeal
Circumstances when your Bail Grant chances are slimmer
• If you have a precarious immigration history
• You didn’t have a suitable accommodation to stay at
• You Have a criminal record
• You have broken bail conditions in the past
• You don’t have someone to act as a suitable ‘surety’ for you

Conditions for bail for immigration detainees:
If you are granted bail, conditions will be imposed on what you can and cannot do.
The specific conditions will depend on the particular circumstances of the case. You
must agree to be compliant with the conditions which are imposed on your bail.
Examples of conditions you may have to follow:
1) Attend regular appointments or hearing
2) Report regularly to an immigration official
3) Wear an electronic monitoring tag
These restrictions can be put in place anywhere; where you live; work and studies that
you may undertake.
You may have to accept a ‘financial condition’, which means that you or your financial
supporter [surety] will have to promise to pay if there is a breach of the bail conditions.
You will have to face consequences if any of the bail conditions are breached or broken.
Get in touch with us now on 01206 489 077 or make an enquiry
online to get expert help.