Immigration Act 1971

[F1 18B (1) Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where— U.K.

(a) the child is being transferred to or from a short-term holding facility, or

(b) sub-paragraph (3) of paragraph 18 applies.

(2) An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.

(3) The first condition is that—

(a) directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or

(b) a decision on whether or not to give directions is likely to result in such directions.

(4) The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.

(5) An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.

(6) An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.

(7) In this paragraph—

• “relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;

• “short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;

• “unaccompanied child” means a person—

  (a)

  who is under the age of 18, and

  (b)

  who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.]

Textual Amendments

F1 Sch. 2 para. 18B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(4), 75(3); S.I. 2014/1820, art. 3(d)

Modifications etc. (not altering text)

C1 Sch. 2 para. 18B applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(f) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))