Immigration Bill (HL Bill 109)

that the Secretary of State considers that to impose an electronic monitoring
condition on the person would be—

(a) impractical, or

(b) contrary to the person’s Convention rights.

(8) 5Where sub-paragraph (7) applies, the First-tier Tribunal must not grant
immigration bail to the person subject to an electronic monitoring condition.

(9) In considering for the purposes of this Schedule whether it would be
impractical to impose an electronic monitoring condition on a person, or
would be impractical for a person to continue to be subject to such a
10condition, the Secretary of State may in particular have regard to—

(a) any obstacles to making arrangements of the kind mentioned in
paragraph 4 in relation to the person,

(b) the resources that are available for imposing electronic monitoring
conditions on persons to whom sub-paragraph (2) applies and for
15managing the operation of such conditions in relation to such
persons,

(c) the need to give priority to the use of those resources in relation to
particular categories of persons to whom that sub-paragraph
applies, and

(d) 20the matters listed in paragraph 3(2) as they apply to the person.

(10) In this Schedule “Convention rights” is to be construed in accordance with
section 1 of the Human Rights Act 1998.

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

25Exercise 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) the conditions to which a person’s immigration bail is to be subject.

(2) 30Those 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
of this paragraph),

(c) 35the 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
threat to the maintenance of public order,

(e) 40whether 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) A person who is being detained under paragraph 16(1) of Schedule 2 to the
45Immigration 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
without 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) 5the directions require the person to be removed from the United
Kingdom within the period of 14 days beginning with the date of the
decision 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
10must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a
person 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-
15paragraph (5) or (6) must state—

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

(b) the 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
20that the person is able to comply with the bail conditions.

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
25recording 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) 30P’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) 35require 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
40must—

(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) 45In 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
5payment 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
10ensuring 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) 15A 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.

(6) 20No 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
recoverable as if it were payable under an order of the county court in
25England 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) In Northern Ireland a sum payable under a financial condition is recoverable
30as 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
section 98 of the Courts Act 2003 (register of judgments and orders
35etc) 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
judgment in respect of which an application has been accepted under
40Article 22 or 23(1) of that Order.

Power to vary bail conditions

6 (1) Subject to this paragraph and to paragraphs 7 and 8, where a person is on
immigration bail—

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

(b) one or more new conditions of the kind mentioned in paragraph 2(1)
or (4) may be imposed on the person.

(2) 5The power in sub-paragraph (1) is exercisable by the person who granted the
immigration bail, subject to sub-paragraphs (3) and (4).

(3) The 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) 10If 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
person.

(5) The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a)
so as to amend an electronic monitoring condition.

(6) 15If the Secretary of State or the First-tier Tribunal exercises, or refuses 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.

20Removal etc of electronic monitoring condition: bail managed by Secretary of State

7 (1) This paragraph applies to a person who—

(a) is on immigration bail—

(i) pursuant to a grant by the Secretary of State, or

(ii) pursuant to a grant by the First-tier Tribunal in a case where
25the Tribunal has directed that the power in paragraph 6(1) is
exercisable by the Secretary of State, and

(b) before the grant of immigration bail, was detained or liable to
detention under a provision mentioned in paragraph 1(1)(b) or (d).

(2) Where the person is subject to an electronic monitoring condition, the
30Secretary of State—

(a) must not exercise the power in paragraph 6(1) so as to remove the
condition unless sub-paragraph (3) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to
remove the condition.

(3) 35This sub-paragraph applies if the Secretary of State considers that—

(a) it would be impractical for the person to continue to be subject to the
condition, or

(b) it would be contrary to that person’s Convention rights for the
person to continue to be subject to the condition.

(4) 40If, by virtue of paragraph 2(5) or (7) or this paragraph, the person is not
subject to an electronic monitoring condition, the Secretary of State—

(a) must not exercise the power in paragraph 6(1) so as to impose such a
condition on the person unless sub-paragraph (5) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to
45impose such a condition on the person.

(5) This sub-paragraph applies if, having considered whether it would be
impractical or contrary to the person’s Convention rights to impose such a
condition on the person, the Secretary of State—

(a) does not consider that it would be impractical to do so, and

(b) 5does not consider that it would be contrary to the person’s
Convention rights to do so.

Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal

8 (1) This paragraph applies to a person who—

(a) is on immigration bail pursuant to a grant by the First-tier Tribunal
10in a case where the Tribunal has not directed that the power in
paragraph 6(1) is exercisable by the Secretary of State, and

(b) before the person was granted immigration bail, was detained or
liable to detention under a provision mentioned in paragraph 1(1)(b)
or (d).

(2) 15Where the person is subject to an electronic monitoring condition, the First-
tier Tribunal—

(a) must not exercise the power in paragraph 6(1) so as to remove the
condition unless sub-paragraph (3) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to
20remove the condition.

(3) This sub-paragraph applies if the Secretary of State notifies the First-tier
Tribunal that the Secretary of State considers that—

(a) it would be impractical for the person to continue to be subject to the
condition, or

(b) 25it would be contrary to that person’s Convention rights for the
person to continue to be subject to the condition.

(4) If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to
an electronic monitoring condition, the First-tier Tribunal—

(a) must not exercise the power in paragraph 6(1) so as to impose such a
30condition on the person unless sub-paragraph (5) applies, but

(b) if that sub-paragraph applies, must exercise that power so as to
impose such a condition on the person.

(5) This sub-paragraph applies if the Secretary of State notifies the First-tier
Tribunal that the Secretary of State—

(a) 35does not consider that it would be impractical to impose such a
condition on the person, and

(b) does not consider that it would be contrary to the person’s
Convention rights to impose such a condition on the person.

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

9 (1) 40Sub-paragraph (2) applies where—

(a) a person is on immigration bail subject to a condition requiring the
person to reside at an address specified in the condition, and

(b) the person would not be able to support himself or herself at the
address 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
5justify 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
10Secretary of State thinks that there are exceptional circumstances which
justify the making of the payment.

Arrest for breach of immigration bail

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

(a) 15has 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
20there 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
25arresting 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—

(a) 30a 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) A detainee custody officer may enter the premises, if need be by reasonable
35force, 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
  Immigration and Asylum Act 1999 (detained persons: escort and
  40custody), 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
search 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 brought
5before 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
10bail 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
15relevant 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
20mentioned 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,
subject to sub-paragraph (14).

(13) If the relevant authority decides the person has not broken and is not likely
25to break any of the bail conditions, the relevant authority must grant the
person bail subject to the same conditions (but this is subject to sub-
paragraph (14), and does not prevent the subsequent exercise of the powers
in paragraph 6).

(14) The power in sub-paragraph (12) to grant bail subject to the same conditions
30and the duty in sub-paragraph (13) to do so do not affect the requirement for
the grant of bail to comply with paragraph 2.

(15) In this paragraph—

• “appropriate judicial officer” means—

  (a)

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

  (b)

  35in relation to Scotland, the sheriff or a justice of the peace;

  (c)

  in relation to Northern Ireland, a lay magistrate;

• “premises”—

  (a)

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

  (b)

  40in relation to Scotland, has the same meaning as in section 412
  of the Proceeds of Crime Act 2002;

  (c)

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

Tribunal Procedure Rules

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

(2) 5Tribunal 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
immigration bail which—

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

(b) 10is 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
(2).

(4) This sub-paragraph applies to an application on which the person
15demonstrates there has been a material change in the person’s
circumstances.

Transitional provision

12 (1) Regulations under section 94(1) may, in particular, provide for a person to
whom this sub-paragraph applies to be treated, for such purposes as may be
20specified, as having been granted immigration bail in such circumstances
and subject to such conditions as may be specified.

(2) Sub-paragraph (1) applies to a person who, at the specified time, was not in
detention on the basis that—

(a) the person had been temporarily admitted to the United Kingdom
25under 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
Schedule 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) 30the person was liable to be detained under paragraph 2(2) or (3) of
that Schedule but was not so detained,

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

(f) the person had been released on bail from detention under any
35provision of the Immigration Acts.

(3) Regulations under section 94(1) may, in particular—

(a) make provision about the circumstances in which the power in
paragraph 6(1) may or must be exercised so as to impose an
electronic monitoring condition on a person to whom this sub-
40paragraph applies;

(b) enable the Secretary of State to exercise a discretion in determining
whether an electronic monitoring condition should be imposed on
such a person,

and may, in particular, do so by providing for paragraph 7 or 8 to have effect
45with modifications in relation to such a person.

(4) Sub-paragraph (3) applies to a person who—

(a) by virtue of regulations under section 94(1) is treated as having been
granted immigration bail as a result of falling within—

(i) sub-paragraph (2)(c), (d) or (e), or

(ii) sub-paragraph (2)(f) on the basis that the person had been
5released on bail from detention under paragraph 2 of
Schedule 3 to the Immigration Act 1971,

(b) is not treated as being subject to an electronic monitoring condition,
and

(c) is not otherwise subject to an electronic monitoring condition.

(5) 10Sub-paragraph (3) applies to a person who—

(a) is on immigration bail pursuant to a grant before the coming into
force of paragraph 2(2) and (3), or the coming into force of those
provisions in relation to grants of that kind,

(b) before the grant of immigration bail, was detained or liable to
15detention under a provision mentioned in paragraph 1(1)(b) or (d),
and

(c) is not subject to an electronic monitoring condition.

(6) In this paragraph “specified” means specified in regulations under section
94(1).

20Part 2 Amendments to other Acts

Immigration Act 1971 (c. 77)

13 The Immigration Act 1971 is amended as follows.

14 In section 11(1) (construction of references to entry)—

(a) 25omit “, or temporarily admitted or released while liable to
detention,”,

(b) omit “or by Part III of the Immigration and Asylum Act 1999”, and

(c) for “or by section 68 of the Nationality, Immigration and Asylum Act
2002” substitute “or on immigration bail within the meaning of
30Schedule 10 to the Immigration Act 2016”.

15 (1) Section 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) 35if the person is on immigration bail within the
meaning of Schedule 10 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) 40After that subsection insert—

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

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

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

(3) After that subsection insert—

“(1A) Where the offence is one to which, under section 24(3A), an extended
5time 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) within the period of six months beginning with the
date of the commission of the offence, or

(ii) 10within the period of three months beginning with the
date when the person is first arrested for the offence
or under paragraph 10 of Schedule 10 to the
Immigration Act 2016 (arrest for breach of bail
condition), if that period expires after the end of the
15period mentioned in sub-paragraph (i),

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

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

(ii) 20within the period of three months beginning with the
date when the person is first arrested for the offence
or under paragraph 10 of Schedule 10 to the
Immigration Act 2016 (arrest for breach of bail
condition), if that period expires after the end of the
25period mentioned in sub-paragraph (i), and

(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
30date 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 10 of Schedule 10 to the
Immigration Act 2016 (arrest for breach of bail
35condition), 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)”.

17 In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f)
40or (h)”.

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

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

20 (1) 45Schedule 3 (supplementary provisions as to deportation) is amended as
follows.

(2) In paragraph 2—