PART 3

Enforcement

Detention and bail

Guidance on detention of vulnerable persons
59
1
The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—
a
whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and
b
if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.
2
In subsection (1) “detained” means detained under—
a
the Immigration Act 1971,
b
section 62 of the Nationality, Immigration and Asylum Act 2002, or
c
section 36 of the UK Borders Act 2007,
and “detention” is to be construed accordingly.
3
A person to whom guidance under this section is addressed must take the guidance into account.
4
Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.
5
Guidance under this section comes into force in accordance with regulations made by the Secretary of State.
6
The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.
7
References in this section to guidance under this section include revised guidance.
S. 59 in force at 12.7.2016 by S.I. 2016/603, reg. 3(l)