The Short-term Holding Facility Rules 2018

Holding rooms U.K.

6.—(1) Subject to paragraph (2) [F1 and without prejudice to rule 6A], a detained person must not be detained in a holding room for a period of more than 24 hours.

(2) The Secretary of State may authorise this period to be extended if the Secretary of State determines that exceptional circumstances require it.

(3) These Rules apply to a holding room and to a detained person detained in a holding room except for those provisions listed in paragraph (4) and subject to the modifications in paragraphs (5) to (8).

(4) The provisions are—

(a) rule 13 (accommodation);

(b) rule 14 (sleeping accommodation);

(c) rule 15(1) and (2) (families and minors);

(d) rule 16 (clothing);

(e) rule 18(1)(b) and (c) (hygiene);

(f) rule 24 (correspondence);

(g) rule 25 (visits);

(h) rule 29 (access to the internet);

(i) rule 30 (medical screening);

(j) rule 32 (special illnesses and conditions);

(k) rule 35 (removal from association);

(l) rule 37 (temporary confinement);

(m) rule 48 (visitors).

(5) Rule 20(2) (time in open air) applies as if it provided —

“(2) Time in the open air may be refused—

(a) in exceptional circumstances where necessary in the interests of the security of the short-term holding facility or the safety of the detained person or other persons, or

(b) where the location or design of the short-term holding facility means that it is not reasonably practicable for detained persons to spend time in the open air.”.

(6) Rule 23 (outside contacts) applies as if it provided—

“23.— (1) Subject to paragraph (2), a detained person may enjoy communications with a person outside a short-term holding facility in accordance with rule 28 (use of telephones).

(2) A detained person is not permitted to have communications with a person outside the short-term holding facility to the extent to which the communication would prejudice the interests of the security of the short-term holding facility or the safety of the detained person or other persons.”.

(7) Rule 27 (legal adviser) applies as if—

(a) in paragraph (1) for “paragraph (2)” there were substituted “ paragraphs (2) and (3) ”, and

(b) at the end there were inserted—

“(3) A detained person is not permitted to meet with their legal adviser if the person is detained within an area of a port which non-travelling members of the public are not permitted to enter (but they may consult with their legal adviser by telephone).”.

(8) Rule 31 (general medical care) applies as if it provided—

“31.   If a detained person becomes—

(a) ill, or

(b) sustains an injury, such that the detained person requires attention by a health care professional, prompt access to a health care professional must be provided and any arrangements made for supervision, care or transfer to hospital that appear necessary to the manager.”.

Textual Amendments

F1 Words in rule 6(1) inserted (5.1.2023) by The Short-term Holding Facility (Amendment) Rules 2022 (S.I. 2022/1345), rules 1(1), 2(4)