Immigration detention Contents

Contents

Committee information

Summary

Independent decision making

A time limit on detention

Access to Legal advice

Vulnerable individuals

Detention conditions

1 Introduction

Immigration detention in the UK

Legal framework

Immigration detention compared with criminal justice system

Policy Framework

Guidance on Immigration Bail for Judges

Our Inquiry

Home Office reforms to the system

2 Detention decisions

Current detention process

Quality of decision-making

Necessity of detention

Vulnerable individuals

Independent decision making

3 Legal advice and representation

Legal complexity

Availability of legal advice

Legal advice in IRCs

Legal advice in prisons

4 Time limit

Article 5 ECHR and UK legal framework on length of detention

Impact on detainee

Lack of incentive to progress cases efficiently

Arguments against a time limit

5 Detention reviews

Independent review of detention

Safeguards for Foreign National Offenders

Video links and bail hearings

Vulnerable detainees

6 Other concerns

Adults at Risk policy

Mental Capacity

Conditions and treatment

Conclusions and recommendations

Annex 1: JCHR’s proposed immigration detention process

Annex 2: Rights to challenge immigration decisions

Declaration of Lords’ Interests

Formal minutes

Witnesses

Published written evidence

List of Reports from the Committee during the current Parliament




Published: 7 February 2019