Immigration and Asylum Bill - continued        House of Lords

back to previous text
 
  PART III
  BAIL
 
Routine bail hearings
Bail hearings for detained persons.     41. - (1) This section applies if a person is detained under any provision of the 1971 Act.
 
      (2) The Secretary of State must arrange a reference to the court for it to determine whether the detained person should be released on bail.
 
      (3) The duty under this section to arrange a reference does not apply if the detained person-
 
 
    (a) is also detained otherwise than under a provision of the 1971 Act;
 
    (b) is liable (under section 3(6) of that Act) to deportation as a result of the recommendation of a court; or
 
    (c) has given to the Secretary of State, and has not withdrawn, written notice that he does not wish his case to be referred to a court under this section.
      (4) The Secretary of State must secure that a first reference to the court is made-
 
 
    (a) in the case of a reference to the Commission, in accordance with rules; and
 
    (b) in any other case, no later than the eighth day following that on which the detained person was detained.
      (5) If the detained person remains in detention, the Secretary of State must secure that a second reference to the court is made-
 
 
    (a) in the case of a reference to the Commission, in accordance with rules; and
 
    (b) in any other case, no later than the thirty-sixth day following that on which the detained person was detained.
      (6) A reference under subsection (5) may not be heard by the court before the thirty-third day following that on which the detained person was detained.
 
      (7) The court hearing a case referred to it under this section must proceed as if the detained person had made an application to it for bail.
 
      (8) The court must determine the matter-
 
 
    (a) in the case of a reference to the Commission, in accordance with rules; and
 
    (b) in any other case-
 
      (i) on a first reference, before the tenth day following that on which the person concerned was detained; and
 
      (ii) on a second reference, before the thirty-eighth day following that on which he was detained.
      (9) Subsection (8) does not apply if the detained person has been released or has given notice under subsection (3)(c).
 
      (10) If it appears to the Secretary of State that there has been a failure to comply with subsection (4) or (5), he must refer the matter to the court, and the court must deal with the reference, as soon as is reasonably practicable.
 
      (11) If it appears to the Secretary of State that there has been a failure to comply with subsection (8), he must notify the court concerned, and the court must deal with the matter, as soon as is reasonably practicable.
 
      (12) In this Part "court" means-
 
 
    (a) if the detained person has brought an appeal under the Immigration Acts, the court or other appellate authority dealing with his appeal;
 
    (b) in the case of a detained person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 applies (jurisdiction in relation to bail for persons detained on grounds of national security), the Commission; and
 
    (c) in any other case, such magistrates' court as the Secretary of State considers appropriate or, in Scotland, an adjudicator.
      (13) Rules made by the Lord Chancellor under section 5 of the Special Immigration Appeals Commission Act 1997 may include provision made for the purposes of this section; and in subsections (4), (5) and (8) "rules" means rules made by virtue of this subsection.
 
      (14) The Secretary of State may by regulations make provision modifying the application of this section in relation to cases where the proceedings on a reference under this section are adjourned to enable medical or other reports to be obtained or for any other reason.
 
      (15) The regulations may, in particular, provide for the requirement for there to be a second reference not to apply in prescribed circumstances.
 
      (16) This section does not affect any other provision under which the detained person may apply for, or be released on, bail.
 
Location of bail hearings.     42. - (1) The Secretary of State may, in relation to a particular case or class of case, direct that the hearing of a reference under section 41 is to be at a specified place.
 
      (2) The places that may be specified include, in particular-
 
 
    (a) any place at which a court sits;
 
    (b) any place at which appeals under this Act are heard;
 
    (c) detention centres;
 
    (d) prisons; or
 
    (e) any particular premises or rooms within a place of a kind mentioned in paragraphs (a) to (d).
      (3) A direction under subsection (1) has effect notwithstanding any other direction which may be given as to the place in which the court is to sit.
 
      (4) A direction under subsection (1) requires the approval of the Lord Chancellor.
 
      (5) "Specified" means specified in the direction.
 
General right to be released on bail.     43. - (1) On a reference under section 41, the court must release the detained person on bail unless-
 
 
    (a) subsection (2), (3) or (4) applies; or
 
    (b) the court has imposed a requirement under section 44(1) which has not been complied with.
      (2) The detained person need not be granted bail if the court is satisfied that there are substantial grounds for believing that if released on bail he would-
 
 
    (a) fail to comply with one or more of the conditions of bail or of any recognizance or bail bond;
 
    (b) commit an offence while on bail which is punishable with imprisonment;
 
    (c) be likely to cause danger to public health; or
 
    (d) alone or with others, be a serious threat to the maintenance of public order.
      (3) The detained person need not be granted bail if the court is satisfied that-
 
 
    (a) he is or has been knowingly involved with others in a concerted attempt by all or some of them to enter the United Kingdom in breach of immigration law;
 
    (b) he is suffering from mental disorder and his continued detention is necessary in his own interests or for the protection of any other person;
 
    (c) he is under the age of 18 and, while arrangements ought to be made for his care in the event of his release from detention, no satisfactory arrangements have been made;
 
    (d) he is required to submit to an examination by an immigration officer under paragraph 2 or 2A of Schedule 2 to the 1971 Act and there is no relevant decision which the officer is in a position to take; or
 
    (e) directions for his removal from the United Kingdom are in force.
      (4) The detained person need not be granted bail if the court is satisfied that he is a person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 (national security cases) applies.
 
      (5) For the purposes of this section, the question whether an offence is one which is punishable with imprisonment is to be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.
 
      (6) "Immigration law" means any provision of the Immigration Acts or any similar provision in force in any part of the British Islands.
 
      (7) Each of the following is a relevant decision-
 
 
    (a) a decision as to whether, and if so how, to exercise the powers conferred by paragraph 21 of Schedule 2 to the 1971 Act;
 
    (b) a decision as to whether to grant the person concerned leave to enter, or remain in, the United Kingdom;
 
    (c) a decision as to whether to cancel his leave to enter the United Kingdom under paragraph 2A(8) of that Schedule.
      (8) The Secretary of State may by order amend subsection (2) or (3) by adding to or restricting the circumstances in which the subsection applies.
 
      (9) If bail is granted under this section, the appropriate court may, on an application by or on behalf of the person released, vary any condition on which it was granted.
 
      (10) If bail is granted under this section, the appropriate court may, on an application by or on behalf of the Secretary of State, vary any condition on which it was granted or impose conditions on it.
 
      (11) "Appropriate court" means-
 
 
    (a) if the person released has brought an appeal under the Immigration Acts, the court or other appellate body dealing with his appeal;
 
    (b) in any other case, the court which released the person concerned on bail.
Powers exercisable on granting bail.     44. - (1) Before releasing a person on bail under section 43, the court may require-
 
 
    (a) a recognizance or, in Scotland, a bail bond to be entered into; or
 
    (b) security to be given by the person bailed or on his behalf.
      (2) The court may impose a requirement under subsection (1) only if it considers that its imposition is necessary to secure compliance with any condition to which bail granted under section 43 will be subject as a result of subsection (3), (4) or (5).
 
      (3) Bail granted under section 43 by the Commission is subject to a condition requiring the person bailed to appear before it at a specified time and place.
 
      (4) Bail granted under section 43 by a court or other appellate authority (other than the Commission) dealing with an appeal by the person bailed is subject to a condition requiring him-
 
 
    (a) to appear before the court or authority at a time and place specified by it; and
 
    (b) if the appeal is dismissed, withdrawn or abandoned, to appear before an immigration officer at such time and place as may be notified to him in writing by an immigration officer.
      (5) In any other case, bail granted under section 43 is subject to a condition requiring the person bailed to appear before an immigration officer-
 
 
    (a) at a time and place specified by the court; or
 
    (b) at such other time and place as may be notified to him in writing by an immigration officer.
      (6) Bail granted under section 43 may be subject to such other conditions as appear to the court to be likely to result in the appearance of the person bailed at the required time and place.
 
      (7) A recognizance taken under this section may be with or without sureties, as the court may determine.
 
      (8) Subsections (9) and (10) apply if, on a reference under section 41, the court has power to release the detained person on bail but is not required to do so by section 43.
 
      (9) The court may, instead of releasing him-
 
 
    (a) fix the amount of any recognizance, bail bond or security to be taken on his release on bail (including the amount in which any sureties are to be bound); and
 
    (b) settle the terms of any conditions to be imposed on his release on bail.
      (10) The person concerned must be released on bail on the recognizance or bond being taken, or the security being given.
 
      (11) A person released on bail under section 43 is to be subject to such restrictions (if any) as to his employment or occupation while he is in the United Kingdom as may from time to time be notified to him in writing by an immigration officer.
 
      (12) Any restriction imposed on a person under subsection (11) has effect for the purposes of this Part as a condition of his bail.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 22 October 1999