36Detention
(1)A person who has served a period of imprisonment may be detained under the authority of the Secretary of State—
(a)while the Secretary of State considers whether section 32(5) applies, and
(b)where the Secretary of State thinks that section 32(5) applies, pending the making of the deportation order.
(2)Where a deportation order is made in accordance with section 32(5) the Secretary of State shall exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention pending removal) unless in the circumstances the Secretary of State thinks it inappropriate.
(3)A court determining an appeal against conviction or sentence may direct release from detention under subsection (1) or (2).
(4)Provisions of the Immigration Act 1971 which apply to detention under paragraph 2(3) of Schedule 3 to that Act shall apply to detention under subsection (1) (including provisions about bail).
(5)Paragraph 2(5) of Schedule 3 to that Act (residence, occupation and reporting restrictions) applies to a person who is liable to be detained under subsection (1).