PART 1Removal and other powers

Detention and bail

I15Restrictions on detention of unaccompanied children

1

Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

2

In paragraph 16, after paragraph (2) insert—

2A

But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.

3

In paragraph 18, after sub-paragraph (1) insert—

1A

But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.

4

After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

18B

1

Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—

a

the child is being transferred to or from a short-term holding facility, or

b

sub-paragraph (3) of paragraph 18 applies.

2

An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.

3

The first condition is that—

a

directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or

b

a decision on whether or not to give directions is likely to result in such directions.

4

The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.

5

An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.

6

An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.

7

In this paragraph—

  • “relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;

  • “short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;

  • “unaccompanied child” means a person—

    1. a

      who is under the age of 18, and

    2. b

      who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.