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The Short-term Holding Facility Rules 2018

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Communications

Outside contacts

23.—(1) Subject to paragraph (2), a detained person may enjoy visits from, or communication with, a person living outside a short-term holding facility in accordance with rules 24 (correspondence), 25 (visits), 28 (use of telephones) and Part 6 (persons having access to short-term holding facilities).

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

Correspondence

24.—(1) Subject to such reasonable conditions as are imposed by the Secretary of State, a detained person may (at their own expense)—

(a)send and receive as many letters as desired;

(b)send facsimiles within reasonable limits set by the manager, and

(c)receive facsimiles.

(2) If a detained person does not have the necessary funds to do so the Secretary of State—

(a)must bear the postage expense of any letter and the cost of any facsimile to the detained person’s legal adviser, the European Court of Human Rights, the Court of Justice of the European Union, the High Court, the Court of Session, the Special Immigration Appeals Commission, the First-tier Tribunal or the Upper Tribunal (or any court entitled to hear an appeal against a decision of those bodies);

(b)must bear the postage expense of any letter and the cost of any facsimile to the UN Refugee Agency (UNHCR), Members of the United Kingdom Parliament and any Embassy or Consulate, and

(c)may bear the postage expense of any reasonable number of other letters and the cost of any reasonable number of other facsimiles which that person wishes to send.

(3) A detained person must be provided on request with the materials necessary for the purposes of sending letters and facsimiles pursuant to paragraph (1).

Visits

25.—(1) Subject to such reasonable limits and conditions as are imposed by the Secretary of State, a detained person may receive as many visits from persons outside the short-term holding facility as the detained person wishes.

(2) A visit to a detained person must take place in the sight of an officer unless the Secretary of State directs otherwise.

(3) Subject to rule 27 (legal adviser) a visit to a detained person must take place out of the hearing of an officer unless the Secretary of State otherwise directs in a particular case in the interests of the security of the short-term holding facility or the safety of the detained person or other persons, in which case the detained person must be given reasons for the direction in advance.

(4) A person visiting a detained person at a short-term holding facility must not, without the authority of the Secretary of State—

(a)take a photograph whilst there;

(b)take any other form of digital or electronic record whilst there.

Official interviews

26.—(1) The persons listed in paragraph (2) may interview a detained person at a short-term holding facility if —

(a)the detained person is obliged to attend an interview with them, or

(b)the detained person is otherwise willing to be interviewed by them.

(2) The persons are—

(a)a constable;

(b)an immigration officer;

(c)an official of the United Kingdom Government;

(d)a consular officer.

Legal adviser

27.—(1) Subject to paragraph (2), a detained person must be permitted to meet with their legal adviser in confidence.

(2) A meeting between a detained person and their legal adviser may be in the sight of but must not be in the hearing of an officer.

Use of telephones

28.—(1) Subject to paragraph (3) a detained person must have access to a telephone at a short-term holding facility.

(2) A telephone system must be provided for incoming calls, and the detained persons must be notified promptly of such calls.

(3) The Secretary of State may impose reasonable limits and conditions on a detained person’s use of the telephone.

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

Access to the internet

29.—(1) Subject to paragraphs (2) and (3), a detained person must have access to the internet at a short-term holding facility.

(2) The Secretary of State may impose reasonable limits and conditions on a detained person’s access to the internet.

(3) The manager may suspend a detained person’s access to the internet where they consider this is necessary but must notify the Secretary of State of any such suspension as soon as possible.

(4) A detained person whose access to the internet has been suspended must be given written reasons for such suspension.

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