Immigration Matters Asylum Seekers And Refugees ... - Dorset Police

P22/2001/version 1.2
Immigration Matters
Asylum Seekers
And
Refugees
Policy
NOVEMBER 2001

A. POLICY AIM
To provide officers with guidance in relation to the correct procedures when
dealing with Immigration Matters, Asylum Seekers and Refugees. This includes
definitions, procedures and protocols as agreed by ACPO.
Dorset Police supports the ACPO Policy on Asylum Seekers.
The joint aim between the Police Service and Immigration remains to support the
Immigration Service in a manner that maintains and increases the trust and
confidence of the public, and particularly members of minority ethnic communities.
B. RATIONALE/LEGAL BASIS
Immigration Act 1971 Section 24 (2)
PACE Schedule (2)
Sect 3 & 6 Immigration Act 1971
Sect 4.3 Immigration Act 1971 (Power to make amendments)
The Immigration (Registration with Police) Regs 1972.
Home Office Circular 55/95
Section 25 of the Police Act 1996.
Joint protocol between the immigration Service and the Police Service for the
Removal of Immigration Offenders. (01082001)
Immigration and Asylum Act 1999
Criminal Justice Act 1972
Magistrates Court Act 1980 & 1982
British Nationality Act 1986
C. HUMAN RIGHTS CONSIDERATIONS
(i) This policy has been drafted taking into account the Human Rights Act 1998.
D. IMPLEMENTATION DATE
November2001
E. MONITORING/EVALUATION/ REVIEW PROCEDURE
Policy to be reviewed after 6 months in operation
F. POLICY TEXT
.
Dorset Special Branch has the responsibility to liaise with the Immigration Service
in order to identify and locate illegal entrants and foreign nationals who are in
breach of their landing conditions and to support the Immigration Service in the
removal of failed asylum seekers.
A joint protocol exists between the Police Service and Immigration Service in
relation to the removal of failed asylum seekers
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A Special Branch Desk officer is based at Bournemouth who collects, collates,
carries out analysis, evaluates and disseminates all Intelligence in accordance
with the National Intelligence Model. The SB Desk Officer will act as
a conduit between the Immigration Service and the Police.
Liaison will take place between the SB Desk Officer, Divisional Commanders
and Divisional Liaison Officers. Divisional Liaison Officers are the link
between the Local Authorities and communities, their intelligence input is vital and
must be submitted via the SB Desk officer for collation, analysis,
evaluation and dissemination.
The SB Desk Officer will regularly brief the Tasking and Co-ordinating Group
on each Division with intelligence updates regarding the situation in relation to
Immigration matters. The SB Desk Officer will also attend the Force Level
2 Tasking & Co-ordinating Group meetings.
All actions and requests from the Immigration Service will be
dealt with via the SB Desk Officer. Risk assessments will be
carried out in consultation with the Divisional Commander, this
will include a Police Community Impact Assessment, Divisional Commanders
Authorisation, Immigration Service Operational Assessment, Immigration
Operational Risk Assessment and Authorisation.
Immigration legislation applies to all persons who are not British Citizens and who
do not have right of abode in the UK. European Union (EU) Nationals are
admitted to the UK without restriction provided they are in possession of a valid
passport or national identity card.
Definitions:
An Overstayer or Illegal Entrant would include the following:
A Foreign National having entered the country without leave i.e. entered the UK
without passing Immigration Controls.
A person in breach of a Deportation Order.
A person who has remained in the country beyond the date issued by the
Immigration Service either in a passport or visa.
A person working in breach of their conditions to remain in the country i.e.
Students.
A person who fails to comply with a temporary admission or a restriction order.
A person who enters the country by deception i.e. using a false or forged passport/
documents.
An Absconder is a person who avoids, postpones or ignores an immigration
requirement.
A Clandestine is a person who has entered the country without permission.
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An Asylum Seeker would include the following:
A person who enters this country, claiming refugee status and applies to the Home
Secretary for Political Asylum.
Dealing with an Illegal Entrant
Should an officer in the course of his duties encounter a person whom they
reasonably suspect as being an illegal entrant, that person should be detained and
conveyed to the nearest police station. Contact should be made with the Special
Branch Desk Officer who will liase with the Immigration Service and arrange for
their attendance at the Police Station.
Dealing with an Asylum Seeker
The Immigration Service will serve an individual claiming asylum with the
necessary Immigration forms. Fingerprints, photographs, and temporary
admission can be granted while an investigation is carried out. During this
investigation the subject may be required to sign on at a nominated Police Station,
not unlike bail conditions. These are known as Enforcement Distribution
Directorate (EDD) cases and the appropriate Enquiry Office will have all the
necessary paperwork. (Form IS96NW).
If people voluntarily present themselves to a Police Station to claim asylum, the
Special Branch Desk Officer should be contacted in the first instance. The
Immigration Service will be contacted, if they are not available, the subject should
be directed to ‘The Public Caller Unit, 1 st Floor, Block B. Whitgift Centre, Croydon.’
Request for Police Assistance
Primacy for the identification and removal of Immigration Offenders lies with the
Immigration Service, however the Police Service are committed to support them in
this responsibility.
All operations will be based on confirmed intelligence and executed in
consideration of the aforementioned risk assessments and authorisations,
arrangements for assistance will be made after consultation with the Divisional
Commander.
Detainees will be conveyed in Police transport to the local Police Station where
the Immigration Service will continue with their enquiries.
The Immigration Service may have an Operation where a large number of
offenders may be found, or where the apprehension of an offender /offenders is
likely to attract particular public, media or Parliamentary interest. These sensitive
Operations are authorised by the Director (Enforcement) of the Immigration
Service, and the authority of a Police Superintendent is required.
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Facilitation
Where persons have entered the country without passing Immigration Controls i.e.
in the rear of lorries, consideration must be given to the circumstances in which
these people have managed to enter the country.
Facilitation carries a maximum 10 years imprisonment and the offence is
widespread. The offence of Facilitation will be dealt with by Divisional CID in
consultation with the Crime manager.
The National Criminal Intelligence Service (NCIS) has an Organised Immigration
Crime Section, and are interested in receiving any information regarding the
facilitation of ‘clandestines’, to include details of persons entering illegally, the
suspected facilitators, details of conveyances used and any copies of any relevant
correspondence, documents, names and addresses. All intelligence should be
forwarded to the SB Desk Officer in 5x5x5 format for collation and dissemination.
Deportation
The Immigration Service is responsible for all deportation cases.
A Deportation notice is recommended by a Court and the Order is granted by the
Home Secretary.
Deportation Orders granted directly by the Home Secretary are rare and are
issued with specific instructions from the Home Office.
Foreign Nationals arrested for any offence, which carries a term of imprisonment,
can be considered for deportation. A ‘Notice of liability for deportation’ (Dorset
Police C277 form) must be served no less than 7 days before sentencing, allowing
the defendant 7 clear days to prepare reasons why they should not be deported.
Best practice is to serve the C277 at the time of charging the defendant with the
offence. CPS must be informed that the C277 has been served.
The court can recommend issue the Deportation Order at the time of sentencing;
the offender will be deported as soon as the sentence is served.
The enforcement of Deportation Orders is the responsibility of the Immigration
Service, who will arrange any escort required. Most deportees travel unescorted.
Immigration Offices having responsibility for this Force are:
Poole Port 01202 673658. (First Call daytime)
Bournemouth International Airport 01202 572515.
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Portsmouth 023 9285 2700
Charging for Detention
On certain occasions the Immigration Service will make requests that Dorset
Police detain immigration prisoners on their behalf, these are known as
'Immigration Detainees'.
Section 25 of the Police Act 1999 has been interpreted by the Home Office
Resources Unit to mean that the housing of Immigration prisoners is not a police
function. It provides Chief Officers of Police with discretionary authority for
charging and recovery of costs in relation to such detentions.
Immigration Detainee
For the purpose of charging the Immigration Service, the term ‘Immigration
Detainee' applies to any person who has been served with 'Form IS 91R' by an
Immigration Officer. The form ‘IS 91’ is served on the detaining authority, this Form
delegates the Home Secretary's authority to detain such persons to a Chief Officer
of Police or Governor of a prison. The purpose of detention is to deal with the
detainee administratively, by deportation instead of resorting to the criminal
process.
It must be noted that charging the Immigration Service can only begin once
the above Forms have been served. Therefore any time spent in Police custody
prior to service cannot be recovered.
However, where the arrest has been made by Immigration Officers or by Police
Officers in their presence then charging can commence as soon as the detainee
comes into custody.
It is the responsibility of the Custody Sergeant to submit the claim to the Finance
Department at Dorset Police HQ.
Income Generated
All income generated by Immigration Detention claims will be credited to
a central budget. Accountancy Services will consider making virements to
appropriate budgets based on costs incurred as a result of Immigration
Detainees.
G. RESOURCES
The Resource implications in this policy involve recoverable costs.
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H. REFERENCE
Policy reference: P:22 /2001/version 1.2
Policy owner: Special Branch
Version: 1.2
I. AUTHORISATION/QUALITY ASSURANCE/APPROVAL
Name Signature Date
Prepared: DC 57 Allard 23/7/01
Quality assured: DC 537 Forsyth
HRA compliance: DC Forsyth
Authorised: DCI 1281 BEEDLES 131101
Approved:
(Chair, Policy Group)
Approval reference: Senior Officers’ Policy Group – (insert date/reference)
J. REVISIONS/VERSION CONTROL
Version Date Amended by Reason
1.0 Initial Policy Document
1.1 25/9/01 DC 537 Forsyth Templated.
1.2 1311200
1
DCI BEEDLES
AMENDMENTS
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Joint Protocol between the Immigration Service and the Police Service
Risk Assessment Authorisation
The attached matrix forms the foundation for the proposal and endorsement for operations at any level.
The result of the assessment will influence the levels of resourcing and the nature of the operation.
There are essentially three categories for resourcing an operation:
1. Immigration Officers only (including the seconded officers referred to in paragraph 4.1.1) with local
police awareness;
2. Immigration Officers and police support immediate to the operation;
3. Immigration Officers and police support immediate and ancillary to the operation.
The Immigration Service will have responsibility for completing the operational aspects of the Assessment.
The police will have responsibility for completing the community and crime aspects of the Assessment.
The final assessment findings will be submitted for the local Divisional Commander's authority.
The Risk Assessment document is recognised as:
1. The Immigration Service endorsement of the intelligence and processes nominating the target,
assuring the police of their duty of care for the lawful execution of their duty;
2. The Police Service authority to proceed with the proposed operation at a designated time and distils
the core principle of the police Service retaining control of the community environment;
3. The agreement between the Immigration Service and the Police for the level of resourcing for each
nominated operation;
4. Recording the audit trail commensurate with the requirements of the Human Rights Act 1998 and the
Race Relations (Amendment) Act 2000.
5. Transfer of required operational data whilst maintaining individuality, confidentiality, where necessary
in line with the Data Protection protocol.
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Immigration Service Operational Risk Assessment and Authorisation
Introduction
Notes for guidance
The purpose of the Risk Assessment is to show an auditable process of decision making adhering to the
principles of the Human Rights Act 1998 and the Race Relations (Amendment) Act 2000. The Immigration
service has primacy for operational activity in relation to Immigration offenders. The Police Service has
Primacy for the community impact that any operation may have, therefore, any operation must be
authorised by the local Divisional Commander acting as the ‘Gatekeeper' to the community. The Risk
Assessment should determine the category of operation, in terms of the level of police involvement. This
should not be confused with the 3 types of operation that the Immigration Service carries out.
(Lower/Middle/Upper tier). The risk assessment is in 4 parts.
Part 1 -
Target details
The Immigration Service will complete the details of up to 5 targets at one address. If there are more than
five known targets then their details should included on additional sheets.
Part 2
Immigration
The Immigration Service will be responsible for completing part 2 of the process. The justification for the
scoring on the form must be included on the form overleaf. This score will indicate the category of
operation.
Part 3
Police
The local police will complete part 3 of the process. The justification for the scoring on the form must be
included on the enclosed form. This score will indicate the category of operation envisaged from the
perspective of the police.
Part 4
Police Divisional Commander
The local Divisional Commander will review part 2 and 3 and make a decision on what type of category that
the operation will be and whether it can go ahead, go ahead with conditions, or veto the operation.
Part 5
Immigration Service Acknowledgement
The ~ Immigration Service Operation Commander will endorse the final part of the form to acknowledge
acceptance of the level of authority from the Divisional Commander, and the operation ill be conducted
commensurate with any conditions imposed.
'Red flag' issues
These are issues that are so important in there own right that they may affect the operation over and above
the normal scoring system. These would be reviewed and specific control measures would need to be in
place. Even with a low risk rating, a 'red flag' could change the category of the operation.
Risk Assessment Justification Notes
No GRADE JUSTIFICATION
1
2
Immigration Service Operational Risk Assessment and Authorisation
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The Risk Assessment will consider three categories of information:
1. The targeted individual(s);
2. The targeted address(es), and;
3. The likely community impact.
The Immigration Service will have responsibility for Completing the operational aspects of the Assessment
(Page 2 of this document).
The police will have responsibility for completing the community and crime aspects of the Assessment
(Page 3
of this document).
The final assessment findings will be submitted for the local Divisional commander's authority.
The Risk Assessment document is recognised as:
1. The Immigration Service endorsement of the intelligence and processes nominating the target,
assuring the police of their duty of care for the lawful execution of their duty;
2. The Police Service authority to proceed with the proposed operation at a designated time and
distils the core principle of the police service retaining control of the community environment.
3. The agreement between the Immigration Service and the Police for the level of resourcing for each
nominated operation.
4. Recording the audit trail commensurate with the requirements of the Human Rights Act 1998 and
the Race Relations (Amendment) Act 2000.
5. Transfer of required operational data whilst maintaining individuality confidentiality where
necessary in line with the Data Protection protocol.
Part 1- Target details
Operational Reference
__________________ Op. Commander:
Target Nominals Name Date of birth M/F
(Include a.k.a., and known CRO)
1
2
3
4
5
Target Address
Proposed Date Time:
Division/Command Area
Police Liaison:
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Immigration Service Operational Assessment
Nominal 0 1 2 3 4 5
1. Number of persons sought Lower Middle Upper
2. Likelihood of conflict / resistance
3. Sensitive Factors - Religion
4. Gender
5. Nationality
6. Known Associates
7. Position in Society
8. Family Connection
9. High profile Media
10. Children / Vulnerable
11. Confirmation of identity
12. Immigration Named Offender Assurance
13. Immigration Offender – Removable? Yes No
Premises 0 1 2 3 4 5
14. Other persons present
15. Difficulty of Premises
16. Difficulty of Location
17. Ease of Access / Egress
Method of Entry requirements
0
Page Total
Immigration Operational Risk Assessment Summary
I have considered all the information and intelligence available to me in preparing this Operational Risk
Assessment and based on this information, prior to the police assessment of the community impact and
taking account of exceptional impact from 'red flag' issues
ref.no. (Delete as applicable) I 2 6 7 8 9 10 13 N/A
this operation should be carried out as:
Score guide
Category-1 0-15 Immigration Officers only with local police awareness
Category-2 15-25 Immigration Officers and police support immediate to the operation
Category-3 25-33 Immigration Officers and police support immediate and ancillary to the operation
Signed:________________________________ Divisional Commander
Date:
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Police Community Impact Assessment
Nominal 0 1 2 3 4 5
19. PNC Antecedents
20. PNC Warning Signs
21. Local Intelligence checks
Premises 0 1 2 3 4 5
22. Local Intelligence checks - Nominals
23. - Crime
reports
24. Specialist Skills required
Community Issues 0 1 2 3 4 5
25. Other persons present
26. Difficulty of Premises
27. Difficulty of Location
28. Ease of Access / Egress
29. Method of Entry requirements
30. Recent Events
31. Frequency of Operations - Police
32. Media attention
33. Local anniversaries
34. Previous Operational Difficulties in
Area
35. Frequency of Operations - Immigration
Column Totals 0
Police Community Impact Assessment Summary
Page Total
I have considered all the information and intelligence available to me in preparing this Community Impact
Assessment and based on this information, taking account of exceptional impact from 'red flag' issues,
Ref.no. (Delete as applicable) 20 21 22 23 26 27 28 29 33 34 N/A
this operation should be carried out as
Score guide
Category 1 00-20 Immigration Officers only with local police awareness
Category 2 21-40 Immigration Officers and police support immediate to the operation
Category 3 41-54 Officers and police support immediate and ancillary to the operation
Signed:__________________________ Police Liaison Officer
Date:
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Divisional Commanders Authorisation
I have considered the recommendation from the Immigration Service and police risk assessments being:
Immigration Service
Police Service
Category I Category 2 Category 3
Total Risk Assessment Score
And based on these considerations I :
1. Authorise the operation as proposed as Category:
2. Authorise the operation as proposed as Category: subject to the following conditions.
3. Do NOT authorise the operation at this time due to the following circumstances.
Delete as appropriate
Conditions/Circumstances (1ncIuding control measures required for ‘red flag’ issues)
The resourcing commitment will be considered in light of this decision.
Signed: ________________________________________________ Date:
Divisional Commander
Immigration Service Acknowledgement of Authority
I confirm that the Operation will comply with the authority given in this Risk Assessment.
Signed: ________________________________________________
Immigration Op. Commander
Date:
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