Immigration Bill (HL Bill 79)

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34 A person appointed under section 152(1) or (3) of the Civil
Partnership Act 2004.

Other bodies: Northern Ireland

35 The Northern Ireland Housing Executive.”

Section 32

5SCHEDULE 7 Immigration bail

Part 1 Main provisions

Power to grant immigration bail

1 (1) 10The Secretary of State may grant a person bail if—

(a) the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 2 to the Immigration Act 1971 (detention of persons liable
to examination or removal),

(b) the person is being detained under paragraph 2(1), (2) or (3) of
15Schedule 3 to that Act (detention pending deportation),

(c) the person is being detained under section 62 of the Nationality,
Immigration and Asylum Act 2002 (detention of persons liable to
examination or removal), or

(d) the person is being detained under section 36(1) of the UK Borders
20Act 2007 (detention pending deportation).

(2) The Secretary of State may grant a person bail if the person is liable to
detention under a provision mentioned in sub-paragraph (1).

(3) The First-tier Tribunal may, on an application made to the Tribunal for the
grant of bail to a person, grant that person bail if—

(a) 25the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 2 to the Immigration Act 1971,

(b) the person is being detained under paragraph 2(1), (2) or (3) of
Schedule 3 to that Act,

(c) the person is being detained under section 62 of the Nationality,
30Immigration and Asylum Act 2002, or

(d) the person is being detained under section 36(1) of the UK Borders
Act 2007.

(4) In this Schedule references to the grant of immigration bail, in relation to a
person, are to the grant of bail to that person under any of sub-paragraphs
35(1) to (3) or under paragraph 8(12) or (13) (release following arrest for breach
of bail conditions).

(5) A person may be granted and remain on immigration bail even if the person
can no longer be detained, if—

(a) the person is liable to detention under a provision mentioned in sub-
40paragraph (1), or

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(b) the Secretary of State is considering whether to make a deportation
order against the person under section 5(1) of the Immigration Act
1971.

(6) A grant of immigration bail to a person does not prevent the person’s
5subsequent detention under a provision mentioned in sub-paragraph (1).

(7) For the purposes of this Schedule a person is on immigration bail from when
a grant of immigration bail to the person commences to when it ends.

(8) A grant of immigration bail to a person ends when—

(a) in a case where sub-paragraph (5) applied to the person, that sub-
10paragraph no longer applies to the person,

(b) the person is granted leave to enter or remain in the United
Kingdom,

(c) the person is detained under a provision mentioned in sub-
paragraph (1), or

(d) 15the person is removed from or otherwise leaves the United
Kingdom.

(9) This paragraph is subject to paragraph 3 (exercise of power to grant
immigration bail).

Conditions of immigration bail

2 (1) 20If immigration bail is granted to a person, it must be granted subject to one
or more of the following conditions—

(a) a condition requiring the person to appear before the Secretary of
State or the First-tier Tribunal at a specified time and place;

(b) a condition restricting the person’s work, occupation or studies in
25the United Kingdom;

(c) a condition about the person’s residence;

(d) a condition requiring the person to report to the Secretary of State or
such other person as may be specified;

(e) an electronic monitoring condition (see paragraph 4);

(f) 30such other conditions as the person granting the immigration bail
thinks fit.

(2) Immigration bail may also be granted subject to a financial condition (see
paragraph 5).

(3) Sub-paragraph (4) applies if the First-tier Tribunal grants immigration bail
35to a person but—

(a) does not grant it subject to a condition about the person’s residence,
or

(b) does not grant it subject to an electronic monitoring condition.

(4) The Secretary of State may impose such a condition on the person.

(5) 40If the First-tier Tribunal grants bail to a person subject to a condition about
the person’s residence, the Secretary of State may impose a different
condition of that kind on the person in place of the condition imposed by the
Tribunal.

(6) In this Schedule “bail condition”, in relation to a person on immigration bail,
45means a condition to which the person’s bail is subject.

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Exercise of power to grant immigration bail

3 (1) The Secretary of State or the First-tier Tribunal must have regard to the
matters listed in sub-paragraph (2) in determining—

(a) whether to grant immigration bail to a person, and

(b) 5the conditions to which a person’s immigration bail is to be subject.

(2) Those matters are—

(a) the likelihood of the person failing to comply with a bail condition,

(b) whether the person has been convicted of an offence (whether in or
outside the United Kingdom or before or after the coming into force
10of this paragraph),

(c) the likelihood of a person committing an offence while on
immigration bail,

(d) the likelihood of the person’s presence in the United Kingdom, while
on immigration bail, causing a danger to public health or being a
15threat to the maintenance of public order,

(e) whether the person’s detention is necessary in that person’s interests
or for the protection of any other person, and

(f) such other matters as the Secretary of State or the First-tier Tribunal
thinks relevant.

(3) 20A person who is being detained under paragraph 16(1) of Schedule 2 to the
Immigration Act 1971 must not be granted immigration bail by the First-tier
Tribunal until after the end of the period of 8 days beginning with the date
of the person’s arrival in the United Kingdom.

(4) A person must not be granted immigration bail by the First-tier Tribunal
25without the consent of the Secretary of State if—

(a) directions for the removal of the person from the United Kingdom
are for the time being in force, and

(b) the directions require the person to be removed from the United
Kingdom within the period of 14 days beginning with the date of the
30decision on whether the person should be granted immigration bail.

(5) If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse
to grant, immigration bail to a person, the Secretary of State or the Tribunal
must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a
35person notice of a decision, it must also give the Secretary of State notice of
the decision.

(7) Where the decision is to grant immigration bail, a notice under sub-
paragraph (5) or (6) must state—

(a) when the grant of immigration bail commences, and

(b) 40the bail conditions.

(8) The commencement of a grant of immigration bail may be specified to be
conditional on arrangements specified in the notice being in place to ensure
that the person is able to comply with the bail conditions.

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Electronic monitoring condition

4 (1) In this Schedule an “electronic monitoring condition” means a condition
requiring the person on whom it is imposed (“P”) to co-operate with such
arrangements as the Secretary of State may specify for detecting and
5recording by electronic means one or more of the following—

(a) P’s location at specified times, during specified periods of time or
while the arrangements are in place;

(b) P’s presence in a location at specified times, during specified periods
of time or while the arrangements are in place;

(c) 10P’s absence from a location at specified times, during specified
periods of time or while the arrangements are in place.

(2) The arrangements may in particular—

(a) require P to wear a device;

(b) require P to make specified use of a device;

(c) 15require P to communicate in a specified manner and at specified
times or during specified periods;

(d) involve the exercise of functions by persons other than the Secretary
of State or the First-tier Tribunal.

(3) If the arrangements require P to wear, or make specified use of, a device they
20must—

(a) prohibit P from causing or permitting damage to, or interference
with the device, and

(b) prohibit P from taking or permitting action that would or might
prevent the effective operation of the device.

(4) 25In this paragraph “specified” means specified in the arrangements.

(5) An electronic monitoring condition may not be imposed on a person unless
the person is at least 18 years old.

Financial condition

5 (1) In this Schedule “a financial condition” means a condition requiring the
30payment of a sum of money by the person to whom immigration bail is
granted (“P”) or another person, in a case where P fails to comply with
another condition to which P’s immigration bail is subject.

(2) A financial condition may be imposed on P only if the person imposing the
condition thinks that it would be appropriate to do so with a view to
35ensuring that P complies with the other bail conditions.

(3) The financial condition must specify—

(a) the sum of money required to be paid,

(b) when it is to be paid, and

(c) the form and manner in which it is to be paid.

(4) 40A sum to be paid under a financial condition is to be paid to the person who
granted the immigration bail, subject to sub-paragraph (5).

(5) If the First-tier Tribunal has directed that the power in paragraph 6(1)
(power to vary bail conditions) is to be exercisable by the Secretary of State
in relation to P, the sum is to be paid to the Secretary of State.

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(6) No sum is required to be paid under a financial condition unless the person
who is liable to make a payment under it has been given an opportunity to
make representations to the person to whom it is to be paid.

(7) In England and Wales a sum payable under a financial condition is
5recoverable as if it were payable under an order of the county court in
England and Wales.

(8) In Scotland a sum payable under a financial condition may be enforced in
the same manner as an extract registered decree arbitral bearing a warrant
for execution issued by the sheriff court of any sheriffdom in Scotland.

(9) 10In Northern Ireland a sum payable under a financial condition is recoverable
as if it were payable under an order of a county court in Northern Ireland.

(10) Where action is taken under this paragraph for the recovery of a sum
payable under a financial condition, the requirement to pay the sum is—

(a) in relation to England and Wales, to be treated for the purposes of
15section 98 of the Courts Act 2003 (register of judgments and orders
etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of
Article 116 of the Judgments Enforcement (Northern Ireland) Order
1981 (S.I. 1981/226 (N.I. 6)S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a
20judgment in respect of which an application has been accepted under
Article 22 or 23(1) of that Order.

Power to vary bail conditions

6 (1) Where person is on immigration bail—

(a) any of the conditions to which it is subject may be amended or
25removed, or

(b) one or more new conditions of the kind mentioned in paragraph 2(1)
or (2) may be imposed on the person.

(2) The power in sub-paragraph (1) is exercisable by the person who granted the
immigration bail, subject to sub-paragraphs (3) and (4).

(3) 30The Secretary of State may exercise the power in sub-paragraph (1) in
relation to a person to whom immigration bail was granted by the First-tier
Tribunal if the Tribunal so directs.

(4) If the First-tier Tribunal gives a direction under sub-paragraph (3), the
Tribunal may not exercise the power in sub-paragraph (1) in relation to the
35person.

(5) The requirement for a direction in sub-paragraph (3) does not apply to the
exercise of the Secretary of State’s powers under paragraph 2(4) or (5) or sub-
paragraph (8) or (10) of this paragraph.

(6) If the Secretary of State or the First-tier Tribunal decides to exercise, or to
40refuse to exercise, the power in sub-paragraph (1), the Secretary of State or
the Tribunal must give notice to the person who is on immigration bail.

(7) Where the First-tier Tribunal is required under sub-paragraph (6) to give
notice to a person, it must also give notice to the Secretary of State.

(8) If the First-tier Tribunal exercises the power in sub-paragraph (1) in relation
45to a person so as remove a condition about the person’s residence or an

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electronic monitoring condition, the Secretary of State may impose such a
condition on the person.

(9) Sub-paragraph (10) applies if the First-tier Tribunal exercises the power in
sub-paragraph (1) in relation to a person so as to amend a condition about
5the person’s residence or impose such a condition on the person.

(10) The Secretary of State may impose a different condition of that kind on the
person in place of the condition amended or imposed by the Tribunal.

Powers of Secretary of State to enable person to meet bail conditions

7 (1) Sub-paragraph (2) applies where a person is on immigration bail subject to
10a condition imposed by the Secretary of State requiring the person to reside
at an address specified in the condition and—

(a) the address is not one proposed by the person on immigration bail,
or

(b) the person would not be able support himself or herself at the
15address unless the power in sub-paragraph (2) were exercised.

(2) The Secretary of State may provide, or arrange for the provision of, facilities
for the accommodation of that person at that address.

(3) But the power in sub-paragraph (2) applies only to the extent that the
Secretary of State thinks that there are exceptional circumstances which
20justify the exercise of the power.

(4) The Secretary of State may make a payment to a person on immigration bail
in respect of travelling expenses which the person has incurred or will incur
for the purpose of complying with a bail condition.

(5) But the power in sub-paragraph (4) applies only to the extent that the
25Secretary of State thinks that there are exceptional circumstances which
justify the making of the payment.

Arrest for breach of immigration bail

8 (1) An immigration officer or a constable may arrest without warrant a person
on immigration bail if the immigration officer or constable—

(a) 30has reasonable grounds for believing that the person is likely to fail
to comply with a bail condition, or

(b) has reasonable grounds for suspecting that the person is failing, or
has failed, to comply with a bail condition.

(2) Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that
35there are reasonable grounds for believing that a person liable to be arrested
under this paragraph is to be found on any premises.

(3) The appropriate judicial officer may issue a warrant authorising any
immigration officer or constable to enter, by reasonable force if necessary,
the premises named in the warrant for the purposes of searching for and
40arresting that person.

(4) Sections 28J and 28K of the Immigration Act 1971 (warrants: application and
execution) apply, with any necessary modifications, to warrants under sub-
paragraph (3).

(5) Sub-paragraph (6) applies where—

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(a) a warrant under this paragraph is issued for the purposes of the
arrest of a person under this paragraph, and

(b) an immigration officer or a constable enters premises in reliance on
the warrant and detains a person on the premises.

(6) 5A detainee custody officer may enter the premises, if need be by reasonable
force, for the purpose of carrying out a search.

(7) In sub-paragraph (6)

  • “detainee custody officer” means a person in respect of whom a
    certificate of authorisation is in force under section 154 of the
    10Immigration and Asylum Act 1999 (detained persons: escort and
    custody), and

  • “search” means a search under paragraph 2(1)(a) of Schedule 13 to that
    Act (escort arrangements: power to search detained person).

(8) Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and
15search of persons and premises) apply in relation to a person arrested under
this paragraph as they apply in relation to a person arrested under that
Schedule.

(9) A person arrested under this paragraph—

(a) must, as soon as is practicable after the person’s arrest, be bought
20before the relevant authority, and

(b) may be detained under the authority of the Secretary of State in the
meantime.

(10) The relevant authority is—

(a) the Secretary of State, if the Secretary of State granted immigration
25bail to the arrested person or the First-tier Tribunal has directed that
the power in paragraph 6(1) is exercisable by the Secretary of State in
relation to that person, or

(b) otherwise, the First-tier Tribunal.

(11) Where an arrested person is brought before the relevant authority, the
30relevant authority must decide whether the arrested person has broken or is
likely to break any of the bail conditions.

(12) If the relevant authority decides the arrested person has broken or is likely
to break any of the bail conditions, the relevant authority must—

(a) direct that the person is to be detained under the provision
35mentioned in paragraph 1(1) under which the person is liable to be
detained, or

(b) grant the person bail subject to the same or different conditions.

(13) If the relevant authority decides the person has not broken and is not likely
to break any of the bail conditions, the relevant authority must grant the
40person bail subject to same conditions (but this does not prevent the
subsequent exercise of the powers in paragraph 6).

(14) In this paragraph—

  • “appropriate judicial officer” means—

    (a)

    in relation to England and Wales, a justice of the peace;

    (b)

    45in relation to Scotland, the sheriff or a justice of the peace;

    (c)

    in relation to Northern Ireland, a lay magistrate;

  • “premises”—

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    (a)

    in relation to England and Wales, has the same meaning as in
    the Police and Criminal Evidence Act 1984;

    (b)

    in relation to Scotland, has the same meaning as in section 412
    of the Proceeds of Crime Act 2002;

    (c)

    5in relation to Northern Ireland, has the same meaning as in
    the Police and Criminal Evidence (Northern Ireland) Order
    1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)).

Tribunal Procedure Rules

9 (1) Tribunal Procedure Rules must make provision with respect to applications
10to the First-tier Tribunal under this Schedule and matters arising out of such
applications.

(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has
decided not to grant a person immigration bail, the Tribunal must dismiss
without a hearing any further application for the person to be granted
15immigration bail which—

(a) is an application to which sub-paragraph (3) applies, but

(b) is not an application to which sub-paragraph (4) applies.

(3) This sub-paragraph applies to an application made during the period of 28
days beginning with the date of the decision mentioned in sub-paragraph
20(2).

(4) This sub-paragraph applies to an application on which the person
demonstrates there has been a material change in the person’s
circumstances.

Transitional provision

10 (1) 25Regulations under section 61(1) may, in particular, provide for a person to
whom sub-paragraph (2) applies to be treated, for such purposes as may be
specified, as having been granted immigration bail in such circumstances
and subject to such conditions as may be specified.

(2) This sub-paragraph applies to a person who, at the specified time, was not
30in detention on the basis that—

(a) the person had been temporarily admitted to the United Kingdom
under paragraph 21 of Schedule 2 to the Immigration Act 1971,

(b) the person had been released from detention under that paragraph,

(c) the person was liable to be detained under paragraph 2(1) of
35Schedule 3 to the Immigration Act 1971 but, by virtue of a direction
of the Secretary of State or the court, was not so detained,

(d) the person was liable to be detained under paragraph 2(2) or (3) of
the Schedule but was not so detained,

(e) the person had been released from detention under section 36(3) of
40the UK Borders Act 2007, or

(f) the person had been released on bail from detention under any
provision of the Immigration Acts.

(3) In this paragraph “specified” means specified in regulations under section
61(1).

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Part 2 Amendments to other Acts

Immigration Act 1971 (c. 77)1971 (c. 77)

11 The Immigration Act 1971 is amended as follows.

12 (1) 5Section 24 (illegal entry and other similar offences) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (e), and

(b) at the end of paragraph (g) insert ;

(h) if the person is on immigration bail within the
10meaning of Schedule 7 to the Immigration Act 2016
and, without reasonable excuse, the person breaches
a bail condition within the meaning of that Schedule.”

(3) In subsection (3) for “28” substitute “28(1)”.

(4) After that subsection insert—

(3A) 15The extended time limit for prosecutions which is provided for by
section 28(1A) below shall apply to offences under subsection (1)(h)
above.”

13 (1) Section 28 (proceedings for offences) is amended as follows.

(2) In subsection (1) for “24” substitute “24(3)”.

(3) 20After that subsection insert—

(1A) Where the offence is one to which, under section 24(3A), an extended
time limit for prosecutions is to apply, then—

(a) an information relating to the offence may in England and
Wales be tried by a magistrates’ court if it is laid—

(i) 25within the period of six months beginning with the
date of the commission of the offence, or

(ii) within the period of three months beginning with the
date when the person is first arrested for the offence
or under paragraph 8 of Schedule 7 to the
30Immigration Act 2016 (arrest for breach of bail
condition), if that period expires after the end of the
period mentioned in sub-paragraph (i),

(b) summary proceedings for the offence may in Scotland be
commenced—

(i) 35within the period of six months beginning with the
date of the commission of the offence, or

(ii) within the period of three months beginning with the
date when the person is first arrested for the offence
or under paragraph 8 of Schedule 7 to the
40Immigration Act 2016 (arrest for breach of bail
condition), if that period expires after the end of the
period mentioned in sub-paragraph (i), and

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(c) a complaint charging the commission of an offence under this
paragraph may in Northern Ireland be heard and determined
by a magistrates’ court if it is made—

(i) within the period of six months beginning with the
5date of the commission of the offence, or

(ii) within the period of three months beginning with the
date when the person is first arrested for the offence
or under paragraph 8 of Schedule 7 to the
Immigration Act 2016 (arrest for breach of bail
10condition), if that period expires after the end of the
period mentioned in sub-paragraph (i).”

(4) In subsection (2) for “subsection (1)(b)” substitute “subsections (1)(b) and
(1A)(b)”.

14 In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f)
15or (h)”.

15 In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute
“(f) or (h)”.

16 In Schedule 2 (administrative provisions as to control on entry etc) omit
paragraphs 21 to 25 and 29 to 34.

17 (1) 20Schedule 3 (supplementary provisions as to deportation) is amended as
follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)—

(i) omit the words from “unless” in the first place it appears to
25“below”, and

(ii) for the words from “unless” in the second place it appears to
the end of the sub-paragraph substitute “unless—

(a) the court by which the recommendation is made
grants bail to the person, or

(b) 30the person is released on immigration bail under
Schedule 7 to the Immigration Act 2016.”,

(b) in sub-paragraph (1A) for the words from “direct” to the end of the
sub-paragraph substitute “release the person on bail without setting
aside the recommendation.”,

(c) 35in sub-paragraph (3) for the words from “unless” to the end of the
sub-paragraph substitute “unless he is released on immigration bail
under Schedule 7 to the Immigration Act 2016.”, and

(d) for sub-paragraphs (4A) to (6) substitute—

(5) The provisions of Schedule 7 to the Immigration Act 2016
40that apply in relation to the grant of immigration bail by
the First-tier Tribunal apply in relation to the grant of bail
by the court under sub-paragraph (1) or (1A).

(6) If the court grants bail to a person under sub-paragraph (1)
or (1A), Schedule 7 to the Immigration Act 2016 applies in
45relation to that person as if the person had been granted
immigration bail by the First-tier Tribunal under that
Schedule.”