Search Legislation

The Detention Centre Rules 2001

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IIDETAINED PERSONS

GENERAL

Purpose of detention centres

3.—(1) The purpose of detention centres shall be to provide for the secure but humane accommodation of detained persons in a relaxed regime with as much freedom of movement and association as possible, consistent with maintaining a safe and secure environment, and to encourage and assist detained persons to make the most productive use of their time, whilst respecting in particular their dignity and the right to individual expression.

(2) Due recognition will be given at detention centres to the need for awareness of the particular anxieties to which detained persons may be subject and the sensitivity that this will require, especially when handling issues of cultural diversity.

ADMISSIONS AND DISCHARGE

Information to detained persons about these Rules and the detention centre

4.—(1) The Secretary of State shall devise a document (to be known as the “compact”) setting out certain rights to be enjoyed and responsibilities to be undertaken by detained persons during their stay at detention centres.

(2) The compact shall in no way prejudice any other rights or responsibilities of detained persons as set out in these Rules, the Human Rights Convention, or otherwise.

(3) Every detained person shall be provided, as soon as possible after his reception into a detention centre and (so far as reasonably practicable) in a language which he understands, with a copy of the compact together with information in writing about those provisions in these Rules and other matters about life in the detention centre which it is necessary that he should know (including information about the proper method of making requests and complaints at the centre).

(4) In the case of a detained person aged less than 18, or a detained person aged 18 or over who cannot read or appears to have difficulty in understanding the information so provided, the manager, or a member of staff deputed by him, shall so explain it to him in order that he can understand his rights and responsibilities.

(5) These Rules shall be translated into a variety of languages as directed by the Secretary of State.

(6) A copy of these Rules shall be made available to any detained person who requests it.

Record, photograph and fingerprinting

5.—(1) For purposes of identification and welfare, a personal record for each detained person shall be prepared and maintained in such manner as the Secretary of State may direct.

(2) This record shall include such details and measurements of external physical characteristics as the Secretary of State may direct, but no copy of the record shall be given to any person not authorised to receive it by the Secretary of State.

(3) Every detained person may be photographed on reception and subsequently as many times as may be required by the Secretary of State, but no copy of any photographs taken shall be given to any person not authorised to receive it by the Secretary of State.

(4) Any detained person may have his fingerprints taken in accordance with section 141 of the Immigration and Asylum Act 1999 if specifically directed by the Secretary of State.

Detained persons' property

6.—(1) Every detained person shall be entitled to retain all his 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 storage facilities provided at the centre.

(2) Anything, other than cash, which a detained person has at a detention centre and which he is not allowed to retain for his own use as a result of paragraph (1) shall be taken into the manager’s custody.

(3) An inventory of a detained person’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) A detained person 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 that a detained person does not wish to keep in his possession, or which he is not entitled to keep in his possession, shall be deposited with the manager for safekeeping and a receipt issued, which the detained person shall be required to sign, after having a proper opportunity to see that it is correct.

(6) A detained person shall be entitled to reasonable access to any cash deposited with the manager for safekeeping under paragraph (5).

(7) For the purposes of paragraph (5), a detained person shall not be entitled to keep in his possession any cash which is greater than an amount to be directed by the Secretary of State in the interests of prevention of loss or crime at the detention centre.

(8) Any property or cash which a detained person has deposited with, or surrendered to, the manager in accordance with these Rules shall be returned to the detained person upon his discharge from the detention centre.

(9) Any article belonging to a detained person which remains unclaimed for a period of more than one year after he is discharged from the detention centre, or dies, may be sold or otherwise disposed of and the net proceeds of any sale shall be applied, under the joint authority of the manager and the contract monitor, to purposes for the benefit of all detained persons.

(10) The manager may confiscate any unauthorised article found in the possession of a detained person after his reception into a detention centre, or concealed or deposited anywhere within a centre.

Search

7.—(1) For reasons of security and safety, every detained person shall be searched when taken into custody by an officer, on his reception into a detention centre and subsequently as the manager thinks necessary, or as the Secretary of State may direct.

(2) A detained person shall be searched in as seemly a manner as is consistent with discovering anything concealed.

(3) No detained person shall be stripped and searched in the sight of another detained person, or in the sight or presence of an officer or other person not of the same sex.

(4) Paragraphs (2) and (3) apply to searches by officers acting in accordance with escort arrangements as well as to those exercising custodial functions.

Custody outside of detention centres

8.—(1) A person being taken to or from a detention centre in custody shall be exposed as little as possible to public observation and proper care shall be taken to protect him from curiosity and insult.

(2) A detained person required to be taken in custody anywhere outside of a detention centre shall be kept in the custody of an officer appointed to escort him or a police officer.

Detention reviews and up-date of claim

9.—(1) Every detained person will be provided, by the Secretary of State, with written reasons for his detention at the time of his initial detention, and thereafter monthly.

(2) The Secretary of State shall, within a reasonable time following any request to do so by a detained person, provide that person with an update on the progress of any relevant matter relating to him.

(3) For the purposes of paragraph (2) “relevant matter” means any of the following—

(a)a claim for asylum;

(b)an application for, or for the variation of, leave to enter or remain in the United Kingdom;

(c)an application for British nationality;

(d)a claim for a right of admission into the United Kingdom under a provision of Community law;

(e)a claim for a right of residence in the United Kingdom under a provision of Community law;

(f)the proposed removal or deportation of the detained person from the United Kingdom;

(g)an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997;

(h)an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (g).

Female detained persons

10.  Female detained persons will be provided with sleeping accommodation separate from male detained persons, subject to rule 11.

Families and minors

11.—(1) Detained family members shall be entitled to enjoy family life at the detention centre save to the extent necessary in the interests of security and safety.

(2) Detained persons aged under 18 and families will be provided with accommodation suitable to their needs.

(3) Everything reasonably necessary for detained persons' protection, safety and well-being and the maintenance and care of infants and children shall be provided.

WELFARE AND PRIVILEGES

Clothing

12.—(1) All detained persons may wear clothing of their own if and insofar as it is suitable and clean, and shall be permitted to arrange for the supply to them from outside the detention centre of sufficient clean clothing.

(2) Where required all detained persons shall be provided with clothing adequate for warmth and health in accordance with arrangements approved by the Secretary of State.

(3) A detained person shall be provided, where necessary, with suitable and adequate clothing on his release.

(4) Facilities for the laundering of items of clothing shall be provided.

Food

13.—(1) Subject to any directions of the Secretary of State, no detained person shall be allowed, except as authorised by the medical practitioner to have any food other than that ordinarily provided.

(2) No detained person shall be given less food than is ordinarily provided, except with his written consent and upon the written recommendation of the medical practitioner.

(3) The food provided shall:

(a)be wholesome, nutritious, well prepared and served, reasonably varied, sufficient in quantity and

(b)meet all religious, dietary, cultural and medical needs.

(4) The contract monitor at a contracted-out detention centre, or the manager at a directly managed detention centre, shall regularly inspect the food both before and after it is cooked and, in the case of the contract monitor, shall report any deficiency or defect to the manager.

(5) In this rule “food” includes drink.

Alcohol

14.  No detained person shall be allowed to have any intoxicating liquor except:–

(a)by written order of the medical practitioner, specifying the quantity and the name of the detained person and the medical reason for the order; or

(b)for the observance of religious festivals, and for sacraments, with the prior agreement of the manager.

Certification of accommodation

15.—(1) The Secretary of State shall satisfy himself that in every detention centre sufficient accommodation is provided for all detained persons.

(2) No room shall be used as sleeping accommodation for a detained person unless the Secretary of State has certified that:—

(a)its size, lighting, heating, ventilation and fittings are adequate for health;

(b)it has adequate storage facilities (consistent with interests of security and safety); and

(c)it allows the detained person to communicate at any time with an officer.

(3) No room shall be used for the purposes of:—

(a)removal from association under rule 40;

(b)temporary confinement under rule 42; or

(c)application of special control or restraint under rule 43 unless the Secretary of State has certified that its lighting, heating, ventilation and fittings are adequate for health and that it allows the detained person to communicate at any time with an officer.

(4) A certificate given under this rule in respect of any room shall specify the maximum number of detained persons who may be accommodated in the room.

Hygiene

16.—(1) Every detained person shall have proper regard for personal hygiene in their own interests and the interests of others.

(2) Every detained person shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.

(3) Facilities shall be provided for every detained person to have a daily bath or shower.

(4) Facilities shall be provided to male detained persons to permit daily shaving.

(5) Facilities shall be provided to allow detained persons to have their hair cut on a regular basis.

(6) No detained person shall be required to have his or her hair cut without consent.

Regime and paid activity

17.—(1) All detained persons shall be provided with an opportunity to participate in activities to meet, as far as possible, their recreational and intellectual needs and the relief of boredom.

(2) Wherever reasonably possible the development of skills and of services to the centre and to the community should be encouraged.

(3) Detained persons shall be entitled to undertake paid activities to the extent that the opportunity to do so is provided by the manager.

(4) Detained persons undertaking activities under paragraph (3) shall be paid at rates approved by the Secretary of State, either generally or in relation to particular cases.

(5) Every detained person able to take part in educational activities provided at a detention centre shall be encouraged to do so.

(6) Programmes of educational classes shall be provided at every detention centre.

(7) Arrangements shall be made for each detained person to have the opportunity of taking part in physical education or recreation, which shall consist of both sports and health-related activities.

(8) A library shall be provided in every detention centre, which will meet a range of cultural, ethnic and linguistic needs and, subject to any direction of the Secretary of State in any particular case, every detained person shall be allowed access to it at reasonable times.

Time in open air

18.—(1) Subject to paragraph (2), a detained person shall be given the opportunity to spend at least one hour in the open air every day.

(2) Time in the open air may be refused in exceptional circumstances where necessary in the interests of safety or security.

Privileges

19.—(1) At every detention centre all detained persons shall have access to a system of privileges approved by the Secretary of State, which shall include arrangements under which they may spend their money within the detention centre.

(2) Systems of privileges approved under paragraph (1) may include arrangements under which privileges may be granted to detained persons only in so far as they have met, and for so long as they continue to meet, specified standards of behaviour (whether under the compact, these Rules or otherwise).

(3) Systems of privileges which include arrangements of the kind referred to in paragraph (2) shall include procedures to be followed in determining whether or not any of the privileges concerned shall be granted to a detained person and such procedures shall include a requirement that the detained person be given reasons for any decision adverse to him together with a statement of the means by which he may appeal against it.

(4) This rule shall be without prejudice to any other provision of these Rules which provides that a privilege may be forfeited or otherwise lost or a detained person deprived of association with other detained persons.

RELIGION

Diversity of religion

20.  The practice of religion in detention centres shall take account of the diverse cultural and religious background of detained persons.

Religious denomination

21.  If a detained person wishes to declare himself to belong to a particular religion, the manager shall upon that person’s reception at the detention centre record the religion to which the detained person wishes to belong.

Manager of religious affairs and ministers of religion

22.—(1) Every detention centre shall have a manager of religious affairs whose appointment shall be approved by the Secretary of State.

(2) Where in any detention centre the number of detained persons who belong to a particular religion is such as in the opinion of the Secretary of State to require the appointment of a minister of that religion, the Secretary of State may appoint such a minister to that detention centre.

(3) The manager of religious affairs shall make arrangements for a minister of religion to meet with every detained person of his religion individually soon after the detained person’s reception into the detention centre if the detained person so wishes.

(4) A minister of religion shall visit daily all detained persons of his religion who are sick, under restraint, in temporary confinement, or undergoing removal from association, as far as he reasonably can and to the extent that the detained person so wishes.

Regular visits by ministers of religion

23.—(1) The manager shall make arrangements for a minister of religion to visit detained persons of his religion as often as he reasonably can and to the extent that the detained person so wishes.

(2) Where a detained person belongs to a religion for which no minister of religion has been appointed the manager will do what he reasonably can, if so requested by the detained person, to arrange for him to be visited by a minister of that religion as often as he reasonably can and to the extent that the detained person so wishes.

Religious services

24.  The manager shall make arrangements for ministers of religion to conduct religious services for detained persons of their religions at such times as may be arranged.

Religious books

25.  There shall, so far as reasonably practicable, be available for the personal use of every detained person such religious books recognised by his religion as are approved by the Secretary of State for use in detention centres.

COMMUNICATIONS

Outside contacts

26.—(1) In accordance with rules 27, 28 and 57, detained persons shall be entitled to enjoy family life by way of visits from, or communications with, family members living outside the detention centre, save to the extent necessary in the interests of security or safety.

(2) A detained person shall be entitled to establish and maintain, as far as are possible, such relations with persons and agencies outside the detention centre as he may wish, save to the extent that such relations prejudice interests of security or safety.

Correspondence

27.—(1) Every detained person may send at his own expense and receive as many letters and facsimiles as he wishes.

(2) If a detained person does not have the necessary funds to do so, the Secretary of State may bear the postage expense of any reasonable number of letters which that person wishes to send.

(3) A detained person shall on request be provided with any writing materials necessary for the purposes of sending letters pursuant to paragraph (2).

(4) No letter or other communication to or from a detained person may be opened, read or stopped save where the manager has reasonable cause to believe that its contents may endanger the security of the detention centre or the safety of others or are otherwise of a criminal nature or where it is not possible to determine the addressee or sender without opening the correspondence.

(5) Detained persons will be given the opportunity of being present when any correspondence is opened or read and shall be given reasons in advance if any correspondence is to be opened, read or stopped under paragraph (4).

(6) Without prejudice to paragraph (2), if a detained person does not have the necessary funds to do so, the Secretary of State shall bear the postage expense of any letter to the European Court of Human Rights, the European Court of Justice, the High Court, the Court of Session, the Special Immigration Appeals Commission, the Immigration Appeal Tribunal or an adjudicator (or any court entitled to hear an appeal against a decision of those bodies).

Visits

28.—(1) Every detained person may receive as many visits as he wishes within such reasonable limits and subject to such reasonable conditions as the Secretary of State may direct, either generally or in a particular case.

(2) In the interests of security and safety, every visit to a detained person shall take place within sight of an officer, unless the Secretary of State otherwise directs.

(3) Every visit to a detained person shall take place out of the hearing of an officer unless the Secretary of State otherwise directs in a particular case in the interests of security or safety (in which case the detained person shall be given reasons for the direction in advance).

(4) No person visiting a detained person at a detention centre shall be permitted to take a photograph whilst there without the permission of the Secretary of State.

Official interviews

29.  A police officer, immigration officer or any other government official may interview any detained person willing to see him or obliged to see him.

Legal advisers and representatives

30.  The legal adviser or representative of any detained person in any legal proceedings shall be afforded reasonable facilities for interviewing him in confidence, save that any such interview may be in the sight of an officer.

Use of telephones

31.—(1) All detained persons shall have access to public telephones at the detention centre.

(2) Information about tariffs shall be provided by the manager on request by detained persons.

(3) A separate telephone system shall be provided for incoming calls, and the manager shall ensure that detained persons are notified promptly of such calls.

(4) If a detained person does not have the necessary funds to do so, the Secretary of State may bear the expense of any telephone calls (within reasonable limits) which that person wishes to make.

Money and articles received by post or courier

32.—(1) Any money or other article (other than a letter or other communication) sent to a detained person through the post or courier shall be dealt with in accordance with the provisions of this rule, and the detained person shall be informed of the manner in which it is dealt with.

(2) Any cash shall, at the discretion of the manager, be—

(a)dealt with in accordance with rule 6(5), (6) or (7); or

(b)returned to the sender (if known).

(3) Any security for money shall, at the discretion of the manager, be—

(a)delivered to the detained person 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 detained person or placed with his property at the detention centre; or

(b)returned to the sender (if known).

HEALTH CARE

Medical practitioner and health care team

33.—(1) Every detention centre shall have a medical practitioner, who shall be vocationally trained as a general practitioner and a fully registered person within the meaning of the Medical Act 1983(1).

(2) Every detention centre shall have a health care team (of which the medical practitioner will be a member), which shall be responsible for the care of the physical and mental health of the detained persons at that centre.

(3) Each member of the health care team shall (as far as they are qualified to do so) pay special attention to the need to recognise medical conditions which might be found among a diverse population and the cultural sensitivity appropriate when performing his duties.

(4) The health care team shall observe all applicable professional guidelines relating to medical confidentiality.

(5) Every request by a detained person to see the medical practitioner shall be recorded by the officer to whom it is made and forthwith passed to the medical practitioner or nursing staff at the detention centre.

(6) The medical practitioner may consult with other medical practitioners at his discretion.

(7) All detained persons shall be entitled to request that they are attended by a registered medical practitioner or dentist other than the medical practitioner or those consulted by him under paragraph (6), so long as—

(a)the detained person will pay any expense incurred;

(b)the manager is satisfied that there are reasonable grounds for the request; and

(c)the attendance is in consultation with the medical practitioner.

(8) The medical practitioner shall obtain, so far as reasonably practicable, any previous medical records located in the United Kingdom relating to each detained person in the detention centre.

(9) The health care team shall ensure that all medical records relating to a detained person are forwarded as appropriate following his transfer to another detention centre or a prison or on discharge from the detention centre.

(10) All detained persons shall be entitled, if they so wish, to be examined only by a registered medical practitioner of the same sex, and the medical practitioner shall ensure that all detained persons of the opposite sex are aware of that entitlement prior to any examination.

(11) Subject to any directions given in the particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of a detained person who is party to legal proceedings shall be afforded reasonable facilities for examining him in connection with the proceedings.

Medical examination upon admission and thereafter

34.—(1) Every detained person shall be given a physical and mental examination by the medical practitioner (or another registered medical practitioner in accordance with rules 33(7) or (10)) within 24 hours of his admission to the detention centre.

(2) Nothing in paragraph (1) shall allow an examination to be given in any case where the detained person does not consent to it.

(3) If a detained person does not consent to an examination under paragraph (1), he shall be entitled to the examination at any subsequent time upon request.

Special illnesses and conditions (including torture claims)

35.—(1) The medical practitioner shall report to the manager on the case of any detained person whose health is likely to be injuriously affected by continued detention or any conditions of detention.

(2) The medical practitioner shall report to the manager on the case of any detained person he suspects of having suicidal intentions, and the detained person shall be placed under special observation for so long as those suspicions remain, and a record of his treatment and condition shall be kept throughout that time in a manner to be determined by the Secretary of State.

(3) The medical practitioner shall report to the manager on the case of any detained person who he is concerned may have been the victim of torture.

(4) The manager shall send a copy of any report under paragraphs (1), (2) or (3) to the Secretary of State without delay.

(5) The medical practitioner shall pay special attention to any detained person whose mental condition appears to require it, and make any special arrangements (including counselling arrangements) which appear necessary for his supervision or care.

Notification of illness or death

36.—(1) If a detained person dies, becomes seriously ill, sustains any severe injury or is removed to hospital on account of mental disorder, the manager shall inform the Secretary of State without delay and the Secretary of State shall at once inform:—

(a)the detained person’s spouse or next of kin (if he knows of their contact details); and

(b)any other person who the detained person may reasonably have asked should be informed.

(2) In any case in which the Secretary of State is under a duty to inform the detained person’s spouse or next of kin under paragraph (1), this shall be done in person by the appropriate officer wherever it is reasonably practicable to do so.

(3) Without prejudice to paragraph (1), if a detained person dies, the manager shall give notice immediately to the police, to the coroner or procurator fiscal having jurisdiction, to the visiting committee and to the Secretary of State.

Medical examinations required in the interests of others

37.—(1) This rule applies where a detainee custody officer, acting under an authorisation given by the manager under Schedule 12 to the Immigration and Asylum Act 1999, requires a detained person to submit to a medical examination for the purposes of determining whether he is suffering from a disease specified by order under paragraph 3(7) of that Schedule to that Act.

(2) A detained person who has been required to submit to a medical examination shall, so far as is reasonably practicable, be asked to consent to the examination and be informed by the examining medical practitioner—

(a)that he is being required to submit to a medical examination in accordance with Schedule 12 to the Immigration and Asylum Act 1999;

(b)of the nature of the disease from which there are reasonable grounds to believe he is suffering; and

(c)that a refusal, without reasonable excuse, to submit to the medical examination is an offence under that Act.

REQUESTS AND COMPLAINTS

Requests and complaints

38.—(1) A request or complaint to the manager, visiting committee or the Secretary of State relating to a detained person’s detention shall be made orally or in writing by the detained person in accordance with such procedures as may be approved by the Secretary of State.

(2) On every day the manager shall hear any requests and complaints that are made to him under paragraph (1).

(3) In the case of a contracted-out detention centre, any complaint involving allegations against any officer at that centre shall be brought to the attention of the contract monitor as soon as possible.

(4) A detained person may make a written request or complaint under paragraph (1) in his own language.

(5) Any written request or complaint made under paragraph (1) may be made in confidence and, if the detained person so wishes, shall be sealed in an envelope with the addressee clearly indicated.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources