PSO 4630 - Inside Time

PSO 4630 Page 93.9 Persons detained only under the Immigration Act must be treated as unconvicted prisoners,with the same status and privileges.3.10 The Border and Immigration Agency can only legally detain in pursuance of deportationand/or administrative removal from the United Kingdom.3.11 Deportation requires authority from the Border and Immigration Agency Chief Executiveand prohibits the deportee from re-entering the country until the Deportation Order hasbeen revoked. Administrative removal can be sanctioned by officials in the Border andImmigration Agency. Not all subjects will have a right of appeal. (For further information onimmigration appeals see Annex B).3.12 Where foreign national prisoners have reached the end of their custodial sentence butcontinue to be held in prison under the Immigration Act there is no automatic requirement toreturn them to a local prison, although they should be treated as unconvicted prisoners.(PSO 4600 Unconvicted, Unsentenced and Civil prisoners).3.13 Where a prisoner is held beyond the release date of a custodial sentence in a prison whichdoes not normally hold unconvicted prisoners, the prisoner needs to be made aware thats/he will be held with convicted prisoners and his/her agreement must be recorded.(Annex C).3.14 If the Governor believes that the detainee needs to be held in a local prison or the prisonerrefuses to remain in convicted conditions then PMS must be contacted to advise (SeeAnnex D). Contact tel; 020 7217 2237 or email PMS@hmps.gsi.gov.uk.MANDATORY3.15 BIA must be advised by the receiving prison of any change in the location of a detainee(see contact details at Annex A). BIA will need both Forename and Surname, a date of birthand a Home Office reference number.Legal authorities for detention.4.1 The prison must hold one of the following legal authorities in respect of every immigrationdetainee:A deportation order issued by the Border and Immigration Agency; orAn authority to detain issued by the Criminal Casework Directorate (form IS91); orAn authority to detain issued by an Immigration Officer (form IS91).4.2 Where a prisoner has been recommended for deportation by a court, BIA may considercontinuing detention beyond release date. If BIA decides to continue detention they willprovide the relevant detention paperwork.4.3 Where a prisoner has not been recommended for deportation, detention beyond releasedate must be authorised by a caseworker from the Criminal Casework Directorate on formIS91 or by an Immigration Officer on an IS91 warrant (examples included at Annex E).Although the warrant should contain a photograph of the detainee, prisons may berequested to attach a photograph to the warrant.4.4 All persons being detained solely by the Border and Immigration Agency should receive amonthly update on their case (on form IS 151F) and have a right to apply for bail, either tothe Secretary of State, a Chief Immigration Officer or from the Asylum and ImmigrationIssue No 287 Issue date 11/01/08