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

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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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