An abridged version of the Detention Centre rules is outlined here. The Operating Standards have not yet been written (March 2002) and the Rules are being interpreted in different ways by the Detention Centre Management in the various centres. For a full version of the Immigration and Asylum Act 1999 please contact The Stationary Office, PO Box 29, Norwich NR3 1GN. Tel 0870 600 5522. Rules covering detention constitute Part VIII of the Act. Visitors may wish to refer to them as the standard against which practice can be measured.
DETENTION CENTRE RULES 2001
Abridged includes rules 4 6 9 11 12 16 28 31 33 35 38 39 and others
PART II DETAINED PERSONS GENERAL
3. Purpose of detention centres
(1) The purpose of detention centres shall be to provide for the
(2) Due recognition will be given at detention centres to the need for awareness of
ADMISSIONS AND DISCHARGE
4. Information to detainees about these Rules and the Detention Centre
For details of compliance with this rule in individual centres see the item Non-Compliance
(3) Every detainee shall be provided as soon as possible after his reception into a detention centre with information and
(4) In the case of a detainee aged less than 18, or a detainee aged 18 or over who cannot read or who appears to have difficulty in understanding the information so provided, the manager, or a member of staff deputed by him, shall explain it so he can understand his rights and responsibilities.
(5) These Rules shall be translated into a variety of languages.
(6) A copy of these Rules shall be made available to any detainee.
5 Record, photograph and fingerprinting
(1) a personal record for each detainee for purposes of identification and welfare
(2) details and measurements of external physical characteristics
(3) detainees may be photographed
(4) detainees may have their fingerprints taken
6. Detainees property.
For details of compliance with this rule in individual centres see the item Non-Compliance
(1) detainees shall be entitled to retain all personal property, other than cash, for his own use at the detention centre save where such retention is contrary to the interests of safety or security or is incompatible with the reasonable storage provided at the centre.
(2) Anything, other than cash, shall be taken into the manager's custody.
(3) An inventory of a detainee's property shall be kept, and he shall be required to sign it, after having a proper opportunity to see that it is correct.
( 4) detainee may have supplied to him at his expense and retain for his own use, books, newspapers, writing materials and other means of occupation, except any that appears objectionable to the manager or the Secretary of State on grounds that it is likely to give offence to others.
(5) any cash he does not wish to keep or not entitled to keep is deposited with the manager and a receipt issued.
(6) resonable access to any cash deposited
(7) manager may confiscate any unauthorised article.
7. Search
(I) every detainee shall be searched
(2) in as seemly a manner as is consistent with discovering anything concealed
(3) no strip search in the sight of another detainee, or in the sight or presence of an officer or other person not of the same sex.
8. Custody outside of detention centres
(1) taken to or from a detention centre in custody shall be exposed as little as possible to public observation.
9. Detention reviews and up-date of claim
For details of compliance with this rule in individual centres see the item Non-Compliance
(I) Every detainee will be provided with written reasons for his detention at the time of his initial detention, and thereafter with monthly written updates of those reasons. .
(2) within a reasonable time following any request to do so by a detainee, provide that person with an update on the progress of any relevant matter
a) a claim for asylum;
b) an application for, or for the variation of, leave to enter or remain;
f) the proposed removal or deportation;
g) an application for bail;
h) an appeal against, or an application for judicial review.
10. Female detainees
Female detainees sleeping accommodation separate from male detainees
11. Families and minors
For details of compliance with this rule in individual centres see the item Non-Compliance
(I) Detained family members shall be entitled to enjoy family life to the extent necessary in the interests of security or safety.
(2) Detainees aged under 18 and families will be provided with accommodation suitable to their needs.
(3) Everything reasonably necessary for their protection, safety and well-being and the maintenance and care of infants and children shall be provided there.
WELFARE AND PRIVILEGES
12. Clothing
For details of compliance with this rule in individual centres see the item Non-Compliance
(I) detainees may wear their own clothing if it is suitable and clean, and arrange for supply from outside of sufficient clean clothing.
(2) detainees shall be provided with clothing adequate for warmth/health
(3) detainees shall be provided suitable and adequate clothing on release
( 4) facilities for the laundering of personal items of clothing
l3. Food
(I) no food other than that ordinarily provided
(2) shall not be given less food than is ordinarily provided
(3) food provided shall be wholesome, nutritious, well prepared and served, reasonably varied, sufficient in quantity and meet all religious, dietary, cultural and medical needs.
(4) contract monitor shall regularly inspect food.
14. Alcohol
No intoxicating liquor
15. Certification of accommodation
(I) sufficient accommodation is provided for all detainees.
(2) sleeping accommodation certified that its size, lighting, heating, ventilation and fittings are
a) adequate for health and
b) allows communication at any time with an officer.
(3) no room shall be used for removal from association or temporary confinement
(4) certificate shall specify maximum number of detained persons in one room
16. Hygiene
For details of compliance with this rule in individual centres see the item Non-Compliance
(1) Every detainee shall have proper regard for personal hygiene in their own interests and the interests of others.
(2) toilet articles necessary for his health and cleanliness, replaced as necessary
(3) daily bath or shower
(4) male detainees, permit daily shaving
(5) hair cut on a regular basis
(6) no hair cut without consent
17. Regime and paid activity
(1) opportunity to participate in activities to meet their recreational and intellectual needs and the relief of boredom
(2) development of skills and of services to the centre and to the community
(3) undertake paid activities
(4) paid at approved rates
(5) take part in educational activities
(6) Programmes of educational classes at every detention centre
(7) physical education or recreation, sports and health-related activities
(8) library -a range of cultural, ethnic and linguistic needs
.
18. Time in open air
spend at least one hour in the open air every day (subject to security and safety)
19. Privileges
(1) access to a system of privileges on which they may spend their money
(2) privileges granted for so long as they meet specified standards of behaviour
(3) privileges -whether or not granted -reasons for any decision adverse to him together with a statement of the means by which he may appeal against it.
(4) any privilege may be forfeited or otherwise lost or deprived of association
RELIGION
20. Diversitv of Relig!on
practice of religion -take account of the diverse cultural and religious background
21. Religious denomination
upon reception record denomination
22. Manager of religious affairs (MORA) and ministers of religion (MORs)
(1) Every detention centre shall have a MORA.
(4) manager shall arrange for MOR to meet every detainee soon after reception.
(5) MOR shall visit daily all who are sick, under restraint or undergoing removal from association.
23. Regular visits by ministers of religion
(I) arrangements for a MOR to visit as often as he reasonably can.
24. Religious services
conduct religious services at such times as may be arranged.
25. Religious books
available such religious books as are approved.
COMMUNICATIONS
26. Outside contacts
(I) entitled to enjoy family life by way of visits from, or communications with, family members.
(2) establish and maintain such relations with persons and agencies outside the centre.
27. Correspondence
(1) may send, at his own expense, and receive as many letters as he wishes.
(2) if (the detainee does) not have the necessary funds, the SoS may bear the expense or any reasonable number of letters.
(3) provided with any writing materials necessary for sending letters.
(4) No letter may be opened, read or stopped except
(5) opportunity of being present when correspondence is opened or read and reasons in advance if any correspondence is to be opened, read or stopped.
(6) SoS shall bear the expense letter to the ECtHR, the ECJ theSIAC, the lAT or an adjudicator.
28. Visits
For details of compliance with this rule in individual centres see the item Non-Compliance
(1) receive as many visits as he wishes within reasonable limits and reasonable conditions.
(2) every visit to a detained person shall take place within sight of an officer.
(3) every visit shall take place out of the hearing unless the SoS otherwise directs in which case reasons shall be given in advance.
(4) No photographs.
29. Official interviews
police officer, immigration officer or any other government official may interview
30. Legal advisers and representatives
legal adviser or representative in any legal proceedings -reasonable facilities for interviewing him in confidence -may be in the sight of an officer.
31. Use of telephones
For details of compliance with this rule in individual centres see the item Non-Compliance
(I) access to public telephone
(2) Inrormation about tariffs on request.
(3) separate telephone system for incoming calls, and to notify promptly of incoming calls.
(4) If no funds to do so, SoS may bear the expense of any telephone calls.
32. Money and articles received by post or courier
(I) Any money or other article sent through the post or courier shall be informed of the manner in which it is dealt with.
(2) Any cash shall be dealt with in accordance with rule 6{5), (6) or (7); or returned to sender (if known).
(3) Any security for money shall be -
a) delivered or placed with his property at the centre, or
b) returned to the sender (if known)
(4) Any other article to which this rule applies shall, at the discretion of the manager, be -
a) delivered to the detainee or placed with his property at the centre, or
b) returned to the sender (if known).
HEALTH CARE
33 Medical practitioner (doctor) and health care team HCT
For details of compliance with this rule in individual centres see the item Non-Compliance
(1) Every detention centre shall have a doctor.
(2) Every detention centre shall have a HCT.
(3) Each member of the HCT shall pay special attention to the need to recognise medical conditions that might be found among a diverse population and appropriate sensitivity .
(4) HCT shall observe professional guidelines relating to medical confidentiality.
(5) request to see doctor shall be recorded and passed to the doctor or nursing staff at the centre
( 6) doctor may consult with other doctors at his discretion.
(7) All detainees entitled to request attended by a doctor or dentist other than the centre doctor, so long as -
a) detainee will pay;
b) manager satisfied reasonable grounds for request; and
c) the attendance is in consultation with the (centre) doctor.
(8) doctor shall obtain previous medical records in the UK.
(9) All medical records to be forwarded following transfer
(10) All detainees entitled to be examined only by doctor of the same sex, and the doctor shall ensure all detainees are aware of entitlement.
(11) a doctor on behalf of a detainee who is party to legal proceedings shall be afforded reasonable facilities for examining in connection with the proceedings.
34 Medical examination upon admission and thereafter
(1) Every detainee shall be entitled to a physical and mental examination by doctor upon admission to the detention centre.
(2) If a detainee refuses an examination, entitled to the examination at any subsequent time upon request.
35. Special illnesses and conditions (including torture claims)
For details of compliance with this rule in individual centres see the item Non-Compliance
(1) doctor shall report to the manager case of any detainee whose health is likely to be injuriously affected by continued detention or any conditions of detention.
(2) doctor shall report to the manager on the case of any detainee he suspects of having suicidal intentions, and the detainee shall be placed under special observation.
(3) doctors shall report to the manager case of any detainee who he is concerned may have been the victim of torture.
(4) manager shall send any report to the SoS without delay.
(5) doctor shall pay special attention to any detainee whose mental condition appears to require it, and make any special arrangements (including counselling) which appear necessary for his supervision or care
36. Notification of illness or death
(l) detainee dies, becomes seriously ill, severely injured or removed to hospital on account of mental disorder, the manager inform SoS. SoS shall inform detainee's spouse or next of kin and any person who reasonably should be informed.
(2) inform the detainee's spouse or next of kin in person.
(3) detainee dies, the manager shall notify the police, coroner or procurator fiscal, the visiting committee and SoS.
37. Medical examinations required in the interests of others
(1) where a detainee custody officer requires a detainee to submit to a medical examination for the purposes of determining whether he is suffering from a specified disease.
(2) Detainee shall be asked to consent to the examination informed by the doctor
a) that he is being required to submit to an examination
b) the nature of the disease from which there are reasonable grounds to believe he is suffering, and
c) that a refusal, without reasonable excuse, is an offence under the Act
REQUESTS AND COMPLAINTS
38. Requests and complaints
For details of compliance with this rule in individual centres see the item Non-Compliance
(I) detainees shall, as soon as possible after reception be provided with information in writing, in a language which he understands, about the proper method of making requests or complaints at the detention centre. .
(2) request or complaint to the manager, visiting committee or SoS relating to a detainee's detention shall be made orally or in writing by the detainee in accordance with procedures.
(3) every day the manager shall hear requests and complaints.
(4) In a contracted-out detention centre (C-ODC), complaints involving allegations against officers at that centre shall be brought to the attention of the contract monitor as soon as possible.
(5) written request or complaint may be made in confidence.
PART lll MAINTENANCE OF SECURITY AND SAFETY
39. General security and safety
For details of compliance with this rule in individual centres see the item Non-Compliance
(I) Security shall be maintained, but with no more restriction than is required for safe custody and well ordered communitv life.
(2) all officers shall seek by their own example and leadership to enlist their willing co-operation.
(3) treatment of detainees shall be such as to encourage their self-respect, a sense of personal responsibility and tolerance towards others.
(4) detainee shall not behave in any way which might endanger the health or personal safety of others.
(5) detainee shall not behave in any way inconsistent with his responsibilities under the compact.
(6) Detainee shall not be employed in any disciplinary capacity.
40. Removal from association
(1) Where necessary in the interests of security or safety that detainee should not associate with other detainees, either generally or for particular purposes, the SoS or the manager may arrange removal from association.
(2) In emergency the manager may assume the responsibility of the SoS and shall notify the SoS as soon as possible after making the necessary arrangements.
(3) detainee shall not be removed under this rule for a period of more than 24 hours without the authority of the visiting committee or the SoS.
(4) an authority under paragraph (3) shall be for a period not exceeding 14 days.
(5) notice of removal from association shall be given to the visiting committee, the doctor and the MORA.
(6) detainee shall be given written reasons for removal from association within 2 hours.
(7) the manager may arrange at his discretion for a detainee to resume association with other detained persons, and shall do so if in any case the doctor so advises on medical grounds.
(8) particulars of every case of removal from association shall be recorded by the manager in a manner to be directed by the SoS.
(9) The manager, doctor and the SoS' officer shall visit removed detainees once a day.
41. Use of force
(1) A detainee custody officer dealing with a detained person shall not use force unnecessarily and, when necessary, no more force than is necessary shall be used.
(2) No officer shall act deliberately in a manner calculated to provoke a detained person.
(3) Particulars of every case of use of force shall be recorded by the manager and, reported to the SoS.
42. Temporarv confinement
(1) The SoS (in the case of a C-ODC) or the manager (in the case of a directly managed detention centre [DMDC]) may order a refractory or violent detainee to be confined temporarily in special accommodation, but a detainee shall not be so confined as a punishment, or after he has ceased to be refractory or violent
(2) In an emergency, the manager of a C-ODC may assume the responsibility of the SoS under paragraph (1) above and notify the SoS as soon as possible.
(3) A detainee shall not be confined in special accommodation for longer than 24 hours without a direction in writing given by a member of the visiting committee or by an officer of the SoS (not being an officer of a detention centre).
(4) Such a direction shall state the grounds for the confinement and the time during which it may continue (not exceeding 3 days).
(5) copy given within 27 hours
(6) notice shall be given to the visiting committee, the doctor and the MORA
(7) Particulars of every case shall be recorded by the manager.
(8) The manager and the doctor shall visit once a day.
43. Special control and restraint
(I) The SoS (in the case of a C-ODC) or the manager (in the case of a DMDC) may order a detainee to be put under special control or restraint where this is necessary to prevent the detainee from injuring himself or others, damaging property or creating a disturbance.
(2) In an emergency, the manager of a C-ODC may assume the responsibility of the SoS under paragraph (1) and shall notify the SoS without delay after making the relevant order .
(3) Notice of such an order shall be given without delay to a member of the visiting committee, the doctor and the MORA.
(4) On receipt of the notice the doctor shall inform the manager whether there are any medical reasons why the detained person should not be put under special control or restraint and the manager shall give effect to any recommendation which the doctor may make.
(5) A detainee shall not be kept under special control or restraint longer than necessary, nor for longer than 24 hours without a direction in writing given by a member ot'the visiting committee or an officer of the SoS (not being an officer of the detention centre).
(6) direction shall state the grounds for the restraint and the time during which it may continue.
(7) A copy of the direction shall be given within 27 hours.
(8) Every case of special control or restraint shall be recorded
(9) The manager and the doctor shall visit every 24 hours.
(10) Except as provided by this rule no detainee shall be put under special control or restraint otherwise than for safe custody, to give effect to directions lawfullv given for his removal from the United Kingdom or on medical grounds by direction of the medical practitioner.
(I I) No detainee shall be put under special control or restraint as a punishment.
(12) Any means of special control or restraint shall be of a pattern authorised by the SoS, and shall be used in such manner and under such conditions as the SoS may direct.
44 Compulsory testing for controlled drugs and alcohol
(1) This rule applies where a detainee custody officer, acting under an authorisation given by the SoS requires a detainee to provide a sample for the purpose of ascertaining whether he has a controlled drug or alcohol in his body.
(2) "sample" means a sample of urine or breath or any other description of sample specified in the authorisation.
(3) The detainee custody officer shall not require a sample to be taken unless there are reasonable grounds for believing that the detainee has drug or alcohol in his body.
(4) When requiring a detainee to provide a sample, the detainee custody officer shall inform the detainee that he is being required to provide a sample in accordance with the Act.
(5) The detainee custody officer shall require the detainee to provide a fresh sample, free from any adulteration.
(6) A detainee custody officer shall arrange and give the detainee such instructions for its provision as may be reasonably necessary in order to prevent or detects its adulteration or falsification.
( 7) A detainee who is required to provide a sample may be kept apart from other detainees for a period not exceeding one hour to enable arrangements to be made for the provision of the sample-
( 8) A detainee who is unable to provide a sample of urine when required to do so may be kept apart from other detainees until he has provided the required sample but not for more than 5 hours.
( 9) A detainee required to provide a sample of urine shall be afforded such privacy as may be compatible with the need to prevent adulteration or falsification. In particular a detainee shall not be required to provide such a sample in the sight of a person of the opposite sex.
PART IV OFFICERS OF DETENTION CENTRES
45. General duty of officers
(1) It shall be the duty of every officer to conform to these Rules and the rules and regulations of the detention centre, to assist and support the manager in their maintenance and to obey his lawful instructions.
(2) An officer shall inform the manager and the SoS promptly of any abuse or impropriety which comes to his knowledge.
(3) Detainee custody officers exercising custodial functions shall pay special attention to their duty under the Act to attend to the well-being of detainees.
46. Gratuities forbidden
No officer shall receive any unauthorised fee, gratuity or other consideration in connection with his office.
47. Transactions with detainees
(1) No officer shall take part in any business or pecuniary transaction with or on behalf of a detainee without the leave of the SoS.
(2) No officer shall without authority bring in or take out, or attempt to bring in or take out, or knowingly allow to be brought in or taken out, to or for a detainee, or deposit in any place with intent that it shall come into the possession of a detainee, any article whatsoever.
48. Contract monitor (CO)
(I) The CO at each C-ODC centre must investigate promptly any complaint made against any officer at that centre.
(2) Paragraph (I) is without prejudice to the duties of the contract monitor under section 149(7) of the Immigration and Asylum Act 1999.
49. Contractors' staff
All contractors' staff employed at the detention centre shall facilitate the exercise by the contract monitor of his functions.
50. Search of officers
An officer shall submit himself to be searched if the manager so directs. Any search shall be conducted in as seemly a manner as is consistent with discovering anything concealed.
51. Contact with former detained persons
No officer shall, without the knowledge of the SoS, communicate with any person whom he knows to be a former detained person or a relative or friend of a detained person or former detained person in such a way as could compromise that officer in the execution of his duty or the safety, security or control of the centre.
52 Communication with the press
(I) No officer shall make, directly or indirectly, any unauthorised communication to the press or any other person concerning matters which have become known to him in the course of his duty.
(2) No officer shall, without authority, publish any matter or make any public pronouncements relating to the administration of any detention centre, short-term holding facility or prison or to any detained persons accommodated there.
PART V PERSONS HAVING ACCESS TO DETENTION CENTRES
53. Authorisation for access
No person shall have access to a detention centre unless authorised by statute or the manager or the SoS.
54. Prohibited articles
(1) No person shall, without authority, convey into or throw into or deposit in a detention centre, or conveyor throw out of a detention centre, or convey to a detainee, or deposit in any place with intent that it shall come into the possession of a detainee, any money, clothing, food, drink, tobacco, letter, paper, book, tool or other article whatever.
{2) Anything so conveyed, thrown or deposited may be confiscated by the manager.
55. Control of persons and vehicles
(I) Any person or vehicle entering a detention centre may be stopped, examined and searched.
(2) Any search of a person under paragraph (I) shall be carried out in as seemly a manner as is consistent with discovering anything concealed.
(3) The manager may direct the removal from a detention centre of any person who does not leave on being required to do so
56 Viewing of detention centre
No outside person shall be permitted to view a detention centre unless authorised to do so by statute or the SoS.
57. Visitors
(1) Without prejudice to any other powers to prohibit or restrict entry to detention centres, and to his powers under the rule 28, the SoS may, with a view to esuring safety and security or the prevention of crime or in the interests of any persons, impose prohibitions on visits by a person to a detention centre or to a detainee in a detention centre for such periods of time as he considers necessary.
(2) Paragraph (1) shall not apply in relation to any visits to a detention centre or detainee by a member of the visiting commitee of the detention centre, or to prevent any visit by a legal adviser for the purposes of an interview under rule 30.
PART VI VISITING COMMITTEES (VC)
58 Disqualification for membership
Any person interested in any contract for the supply of goods or services to a detention centre shall not be a member of the VC for that detention centre and any member who becomes so interested in such a contract shall vacate office as a member
59. Visiting committees
(I) A member of the (VC) for a detention centre appointed by the SoS under the Act shall hold office for three years, or such lesser period as the SoS may appoint.
(2) Deals with reappointments
(3) Deals with terminations
(4) Deals with conduct
(5) Deals with membership and arrangements
(6) The SoS shall appoint a chairman and a vice chairman. -
(7) Deals with termination
60. Proceedings of visiting committees
(I) The VC of a detention centre shall meet at the detention centre once a month or not fewer than eight times in twelve months.
(2) may fix a quorum of not fewer than three members for proceedings.
(3) shall keep minutes of their proceedings
(4) proceedings shalJ not be invalidated by any vacancy or defect in the appointment of a member.
61. General duties of visiting committees
(I) satisfy themselves as to the state of the detention centre premises, the administration of the detention centre and the treatment of detainees.
(2) shall inquire into and report upon any matter into which the SoS asks them.
(3) shall direct the attention of the manager to any matter and report to the SoS.
(4) shall inform the SoS immediately of any abuse.
(5) shall bring to the attention of the SoS any aspect of the process of consideration of the immigration status of any detainee insofar as it affects that detainee's continued detention.
(6) Subject to paragraph (5) shall not concern themselves with any issue directly relating to the immigration status of any detained person under the Immigration Acts.
(7) Before exercising any power -shall consult the manager in relation to any matter which may affect safety and security.
62. Particular duties
(1) shall hear any complaint or request which a detainee wishes to make.
(2) shall arrange for food to be inspec(ed by a member at frequent intervals.
(3) shall inquire into any report made to them that a detainee's health, mental or physical, is likely to be injuriously affected by any conditions of his detention.
63. Members visiting detention centres
(I) shall visit the detention centre frequently, and arrange a rota at least one member visits the detention centre between meetings.
(2) shall have access at any time to every part of the detention centre and to every detainee, and may interview any detainee out of the sight and hearing of officers.
(3) shall have access to the records of the detention centre.
64. Annual Report
(I) from time to time make a report to the SoS concerning the state of the detention centre and its administration, including in it any advice and suggestions.
(2) shall comply with directions given to them by the SoS as follows -
a) the period to be covered by the report under paragraph ( I );
b) the frequency with which such a report is to be made; and
c) the period covered by such a report within which it is to be made; not less frequently than once in every twelve months.
(3) shall, under paragraph (1), make an annual report to the SoS as soon as reasonably possible after 31st December each year.
PART VII SUPPLEMENTAL
65. Delegation bv the Secretary of State
The manager of a detention centre may, with the leave of the SoS, delegate any of the powers and duties under these Rules to another officer of that detention Centre.