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Immigration and Asylum Act 1999

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Section 155(2).

SCHEDULE 12E+W+S+N.I. Discipline etc at [F1Removal Centres]

This schedule has no associated Nodiadau Esboniadol
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Amendments (Textual)

Measuring and photographing detained personsE+W+S+N.I.

1(1)[F1Removal centre] rules may (among other things) provide for detained persons to be measured and photographed.E+W+S+N.I.

(2)The rules may, in particular, prescribe—

(a)the time or times at which detained persons are to be measured and photographed;

(b)the manner and dress in which they are to be measured and photographed; and

(c)the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 12 para. 1 wholly in force at 2.4.2001; Sch. 12 para. 1 not in force at Royal Assent; Sch. 12 para. 1 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 12 para. 1 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Testing for drugs or alcoholE+W+S+N.I.

2(1)If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with [F1removal centre] rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—E+W+S+N.I.

(a)whether he has a drug in his body; or

(b)whether he has alcohol in his body.

(2)The sample required may be one or more of the following—

(a)a sample of urine;

(b)a sample of breath;

(c)a sample of a specified description.

(3)Sub-paragraph (2)(c)—

(a)applies only if the authorisation so provides; and

(b)does not authorise the taking of an intimate sample.

(4)Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular [F1removal centre].

(5)Drug” means a drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971.

(6)Specified” means specified in the authorisation.

(7)“Intimate sample”—

(a)in relation to England and Wales, has the same meaning as in Part V of the M2Police and Criminal Evidence Act 1984;

(b)in relation to Scotland, means—

(i)a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(ii)a dental impression;

(iii)a swab taken from a person’s body orifice other than the mouth; and

(c)in relation to Northern Ireland, has the same meaning as in Part VI of the M3Police and Criminal Evidence (Northern Ireland) Order 1989.

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Commencement Information

I2Sch. 12 para. 2 wholly in force at 2.4.2001; Sch. 12 para. 2 not in force at Royal Assent; Sch. 12 para. 2 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch; Sch. 12 para. 2 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Marginal Citations

Medical examinationsE+W+S+N.I.

3(1)This paragraph applies if—E+W+S+N.I.

(a)an authorisation is in force for a [F1removal centre]; and

(b)there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).

(2)A detainee custody officer may require the detained person to submit to a medical examination at the centre.

(3)The medical examination must be conducted in accordance with [F1removal centre] rules.

(4)A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.

(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

(6)Authorisation” means an authorisation given by the manager of the [F1removal centre] for the purpose of this paragraph.

(7)The Secretary of State may by order specify any disease which he considers might, if a person detained in a [F1removal centre] were to suffer from it, endanger the health of others there.

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Commencement Information

I3Sch. 12 para. 3 wholly in force at 2.4.2001; Sch. 12 para. 3 not in force at Royal Assent; Sch. 12 para. 3(7) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 12 para. 3 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Assisting detained persons to escapeE+W+S+N.I.

4(1)A person who aids any detained person in escaping or attempting to escape from a [F1removal centre] [F2, a short-term holding facility or pre-departure accommodation] is guilty of an offence.E+W+S+N.I.

(2)A person who, with intent to facilitate the escape of any detained person from a [F1removal centre] [F3, a short-term holding facility or pre-departure accommodation]

(a)conveys any thing into the centre [F4, facility or accommodation] or to a detained person,

(b)sends any thing (by post or otherwise) into the centre [F5, facility or accommodation] or to a person detained there,

(c)places any thing anywhere outside the centre [F6, facility or accommodation] with a view to its coming into the possession of a person detained there,

is guilty of an offence.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in Sch. 12 para. 4(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(a)(i); S.I. 2014/1820, art. 3(cc)

F3Words in Sch. 12 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(a)(ii); S.I. 2014/1820, art. 3(cc)

F4Words in Sch. 12 para. 4(2)(a) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(a)(iii); S.I. 2014/1820, art. 3(cc)

F5Words in Sch. 12 para. 4(2)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(a)(iv); S.I. 2014/1820, art. 3(cc)

F6Words in Sch. 12 para. 4(2)(c) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(a)(v); S.I. 2014/1820, art. 3(cc)

AlcoholE+W+S+N.I.

5(1)A person who, contrary to [F1removal centre] rules, brings or attempts to bring any alcohol into a [F1removal centre], or to a detained person, is guilty of an offence.E+W+S+N.I.

(2)A person who places alcohol anywhere outside a [F1removal centre], intending that it should come into the possession of a detained person there, is guilty of an offence.

(3)A detainee custody officer or any other person on the staff of a [F1removal centre] who, contrary to [F1removal centre] rules, allows alcohol to be sold or used in the centre is guilty of an offence.

(4)A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

(5)Alcohol” means any spirituous or fermented liquor.

Introduction of other articlesE+W+S+N.I.

6(1)A person who—E+W+S+N.I.

(a)conveys or attempts to convey any thing into or out of a [F1removal centre] or to a detained person, contrary to [F1removal centre] rules, and

(b)is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(2)A person who—

(a)places any thing anywhere outside a [F1removal centre], intending it to come into the possession of a detained person, and

(b)is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Notice of penaltiesE+W+S+N.I.

7(1)In the case of a contracted out [F1removal centre], the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.E+W+S+N.I.

(2)In the case of any other [F1removal centre], the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.

8(1)In the case of a contracted out short-term holding facility [F7or contracted out pre-departure accommodation] , the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility [F7or contracted out pre-departure accommodation] in a conspicuous place.E+W+S+N.I.

(2)In the case of any other short-term holding facility [F8or pre-departure accommodation] , the Secretary of State must cause such a notice to be fixed outside the facility [F8or pre-departure accommodation] in a conspicuous place.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Words in Sch. 12 para. 8(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(b)(i); S.I. 2014/1820, art. 3(cc)

F8Words in Sch. 12 para. 8(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(3)(b)(ii); S.I. 2014/1820, art. 3(cc)

[F9Prison officers and prisoner custody officersE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Sch. 12 para. 9 and cross-heading added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 65(3), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

9A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.]E+W+S+N.I.

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