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Immigration and Asylum Act 1999

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Section 154(7).

SCHEDULE 11E+W+S+N.I. Detainee Custody Officers

This schedulenoteType=Explanatory Notes has no associated

Obtaining certificates of authorisation by false pretencesE+W+S+N.I.

1A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person—E+W+S+N.I.

(a)makes a statement which he knows to be false in a material particular, or

(b)recklessly makes a statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers and duties of detainee custody officersE+W+S+N.I.

2(1)A detainee custody officer exercising custodial functions has power—E+W+S+N.I.

(a)to search (in accordance with rules made by the Secretary of State) any detained person in relation to whom the officer is exercising custodial functions; and

(b)to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2)The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3)As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer—

(a)to prevent that person’s escape from lawful custody;

(b)to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(c)to ensure good order and discipline on his part; and

(d)to attend to his wellbeing.

(4)The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

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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. 11 para. 2 wholly in force at 2.4.2001; Sch. 11 para. 2 not in force at Royal Assent; Sch. 11 para. 2(1)(a) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 11 para 2 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Short-term holding facilitiesE+W+S+N.I.

3(1)A detainee custody officer may perform functions of a custodial nature at a short-term holding facility (whether or not he is authorised to perform custodial functions at a detention centre).E+W+S+N.I.

(2)When doing so, he is to have the same powers and duties in relation to the facility and persons detained there as he would have if the facility were a detention centre.

Assaulting a detainee custody officerE+W+S+N.I.

4A person who assaults a detainee custody officer who is—E+W+S+N.I.

(a)acting in accordance with escort arrangements,

(b)performing custodial functions, or

(c)performing functions of a custodial nature at a short-term holding facility,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Obstructing detainee custody officersE+W+S+N.I.

5A person who resists or wilfully obstructs a detainee custody officer who is—E+W+S+N.I.

(a)acting in accordance with escort arrangements,

(b)performing custodial functions, or

(c)performing functions of a custodial nature at a short-term holding facility,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Uniforms and badgesE+W+S+N.I.

6For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).E+W+S+N.I.

Suspension and revocation of certificates of authorisationE+W+S+N.I.

7(1)If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.E+W+S+N.I.

(2)If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may—

(a)refer the matter to the Secretary of State; or

(b)in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

(3)If it appears to the contract monitor for the detention centre concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—

(a)refer the matter to the Secretary of State; or

(b)in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

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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

I2Sch. 11 para. 7 wholly in force at 2.4.2001; Sch. 1 para. 7 not in force at Royal Assent see s. 170(4); Sch. 1 para. 7(1) in force at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; Sch. 11 para. 7(2)(3) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 11 para 7 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

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