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The Short-term Holding Facility Rules 2018

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Temporary confinement

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37.—(1) The Secretary of State may order an unmanageable or violent detained person to be confined temporarily in special accommodation until satisfied that the detained person is no longer unmanageable or violent.

(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 confined in special accommodation as a punishment.

(4) A detained person must not be confined in special accommodation 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 48 hours but may be renewed from time to time for a further period not exceeding seven days from the from the time of reception of the detained person into the short-term holding facility.

(6) Authorisation under paragraph (4) must state the grounds for the confinement and the time during which it may continue.

(7) Written reasons for the detained person’s temporary confinement must be given to the detained person—

(a)within two hours of initial confinement, and

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

unless, in exceptional circumstances, to do so would be contrary to the detained person’s safety or the safety of another person at the short-term holding facility.

(8) The manager must record the particulars of each case of temporary confinement.

(9) Notice of a detained person’s temporary confinement under this rule must be given to a member of the Visiting Committee.

(10) The manager must visit a detained person in temporary confinement at least once every 24 hours for the duration of that confinement.

(11) The manager must arrange for a health care professional to visit a detained person in temporary confinement at least once every 24 hours for the duration of that confinement.

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