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The Short-term Holding Facility Rules 2018

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Removal from association

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35.—(1) The Secretary of State may make arrangements for a detained person to be removed from association with other detained persons, either generally or for particular purposes, where it appears necessary in the interests of the security of the short-term holding facility or the safety of the detained person or other persons.

(2) In cases of urgency, the manager may assume the responsibility of the Secretary of State under paragraph (1) but must notify the Secretary of State without undue delay after making the necessary arrangements.

(3) A detained person must not be removed under this rule as a punishment.

(4) A detained person must not be removed under this rule for a period of more than 24 hours without written authorisation of the Secretary of State.

(5) Authorisation under paragraph (4) must not be for a period exceeding seven days from the time of reception of the detained person into the short-term holding facility.

(6) Authorisation under paragraph (4) may be renewed from time to time for a further period not exceeding seven days from the time of reception of the detained person into the short-term holding facility.

(7) Authorisation under paragraph (4) must state the grounds for the removal and the period during which it may continue.

(8) Written reasons for the detained person’s removal from association must be given to the detained person—

(a)within two hours of the initial removal, and

(b)within two hours of any authorisation under paragraph (4),

unless, in exceptional circumstances, to do so would be contrary to the interests of the security of the short-term holding facility or the safety of the detained person or other persons.

(9) The manager must record the particulars of each removal from association.

(10) Notice of a detained person’s removal from association under this rule must be given to a member of the Visiting Committee.

(11) The manager must visit a detained person who is removed from association at least once every 24 hours for the duration of that removal.

(12) The manager must arrange for a health care professional to visit a detained person who is removed from association at least once every 24 hours for the duration of that removal.

(13) Subject to paragraph (14), arrangements for the detained person to resume association with other detained persons may be made at the manager’s discretion.

(14) The manager must make arrangements for a detained person to resume association with other detained persons if the health care professional notified in accordance with rule 31(3) or the health care professional visiting the detained person under paragraph (12) of this rule so advises on medical grounds.

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