Immigration Act 1971

Part II U.K. Effect of Appeals

Modifications etc. (not altering text)

C1 Sch. 2 Pt. II amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.9: S.I. 1993/1655, art.2

Sch. 2 Pt. II extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1),Sch.

Sch. 2 Pt. II: power to modify conferred (11.6.1998) by 1997 c. 68, s. 5(4)(a); S.I. 1998/1336, art.2

Sch. 2 Pt. II extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras.3(1), 4; S.I. 1998/1892, art.2

Stay on directions for removal U.K.

F1 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 28 repealed (2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 65, Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Modifications etc. (not altering text)

C2 Sch. 2 para. 28 continued (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 2(10)(a)

Grant of bail pending appeal U.K.

29 (1) Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under [F2 Part 5 of the Nationality, Immigration and Asylum Act 2002] and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph [F3 (and paragraph 22 does not apply)]. U.K.

(2) An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F4 the First-tier Tribunal] at a time and place named in the recognizance or bail bond.

(3) [F5 the First-tier Tribunal] may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F6 the Tribunal] or the [F7 Immigration Appeal Tribunal] at a time and place named in the recognizance or bail bond; F8 . . .

(4) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.

(6) In any case in which [F10 the First-tier Tribunal] has power or is required by this paragraph to release an appellant on bail, [F11 the Tribunal] may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by [F12 the Tribunal]; and on the recognizance or bail bond being so taken the appellant shall be released.

Textual Amendments

F2 Words in Sch. 2 para. 29(1) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 6(a) (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

F3 Words in Sch. 2 para. 29(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(4), 75(3); S.I. 2014/2771, art. 4(a)

F4 Words in Sch. 2 para. 29(2) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F5 Words in Sch. 2 para. 29(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F6 Words in Sch. 2 para. 29(3) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(4)(b)(ii); S.I. 2005/565, art. 2 (with arts. 3-9)

F7 Words in Sch. 2 para. 29 substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 6(b) (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

F8 Words in Sch. 2 para. 29(3) omitted (4.4.2005) by virtue of and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, Sch. 2 para. 1(4)(b)(iii), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)

F9 Sch. 2 para. 29(4) omitted (4.4.2005) by virtue of and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, Sch. 2 para. 1(4)(c), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)

F10 Words in Sch. 2 para. 29(6) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F11 Words in Sch. 2 para. 29(6) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(4)(d)(ii); S.I. 2005/565, art. 2 (with arts. 3-9)

F12 Words in Sch. 2 para. 29(6) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(4)(d)(iii); S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C3 Sch. 2 para. 29 modified (retrospectively and temp.) by Immigration Act 2016 (c. 19), ss. 61(3)-(5), 94(3) (with s. 61(6))

C4 Sch. 2 para. 29 amended (1.9.1996) by 1996 c. 49, s. 3(6); S.I. 1996/2053, art. 2, Sch. Pt. II

Sch. 2 para. 29 applied (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(6)(7) (as substituted (1.4.2003) for reg. 34(6)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Sch. 2 para. 29 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 4; S.I. 1998/1892, art. 2

C5 Sch. 2 para. 29(1) excluded (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 2(10)(b)(i)

C6 Words in Sch. 2 para. 29(1) inserted by 1997 c. 68, Sch. 3 para. 4(1A) (as inserted) (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 10(3); S.I. 2014/1820, art. 3(cc)

C7 Sch. 2 para. 29(5)(6) applied (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 3; S.I. 1996/2053, art. 2, Sch. Pt. II)

Restrictions on grant of bail U.K.

30 (1) An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if[F13 — U.K.

(a)] directions for the removal of the appellant from the United Kingdom are for the time being in force, [F14 and

(b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.]

(2) Notwithstanding paragraph 29(3) or (4) above, [F15 the Tribunal] shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfactory bail is found if so required; and [F15 the Tribunal] shall not be obliged to release an appellant if it appears to [F16 the Tribunal]—

(a) that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion;

(b) that the appellant is likely to commit an offence unless he is retained in detention;

(c) that the release of the appellant is likely to cause danger to public health;

(d) that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or

(e) that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made.

Textual Amendments

F13 Hyphen and sub-para ref "(a)" in Sch. 2 para. 30(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 7(5)(a), 75(3); S.I. 2014/1820, art. 3(f)

F14 Sch. 2 para. 30(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 7(5)(b), 75(3); S.I. 2014/1820, art. 3(f)

F15 Words in Sch. 2 para. 30 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(a); S.I. 2005/565, art. 2 (with arts. 3-9)

F16 Words in Sch. 2 para. 30 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(c); S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C8 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 30 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.5; S.I. 1998/1892, art.2

C9 Sch. 2 para. 30(1) applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(d), 127(2)

Forfeiture of recognizances U.K.

31 (1) Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before [F17 the Tribunal] , and it appears to [F18 the Tribunal] , to be forfeited, [F19 the Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F19 the Tribunal] thinks fit. U.K.

(2) An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.

(3) Where [F17 the Tribunal] makes an order under this paragraph [F19 the Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F20 proper officer] of the court specified in the order in pursuance of sub-paragraph (2) above.

[F21 (3A) In sub-paragraph (3) “proper officer” means—

(a) in relation to a magistrates’ court in England and Wales, the [F22 designated officer] for the court; and

(b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]

(4) Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F23 purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F24

(5) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1 Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

Textual Amendments

F17 Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(b); S.I. 2005/565, art. 2 (with arts. 3-9)

F18 Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(c); S.I. 2005/565, art. 2 (with arts. 3-9)

F19 Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(d); S.I. 2005/565, art. 2 (with arts. 3-9)

F20 Words in Sch. 2 para. 31(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F21 Sch. 2 para. 31(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(5) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F22 Words in Sch. 2 para. 31(3A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(2); S.I. 2005/910, art. 3(y)(bb)

F23 Words in Sch. 2 para. 31(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(3); S.I. 2005/910, art. 3(y)(bb)

F24 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Modifications etc. (not altering text)

C10 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 3; S.I. 1996/2053, art. 2, Sch. Pt. II)

Sch. 2 para. 31 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 6; S.I. 1998/1892, art. 2

Marginal Citations

M1 1954 c. 9 (N.I.)

32 U.K. Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before [F25 the Tribunal] , [F26 the Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F27 the Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

Textual Amendments

F25 Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(b); S.I. 2005/565, art. 2 (with arts. 3-9)

F26 Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(d); S.I. 2005/565, art. 2 (with arts. 3-9)

F27 Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(e); S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C11 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 32 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.7; S.I. 1998/1892, art.2

Arrest of appellants released on bail U.K.

33 (1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule— U.K.

(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2) A person arrested under this paragraph—

(a) if not required by a condition on which he was released to appear before [F28 the Tribunal] within twenty-four hours after the time of his arrest, shall as soon as practicable be brought [F29 before the Tribunal] or, if that is not practicable within those twenty-four hours, before [F30 in England and Wales, a justice of the peace, in Northern Ireland,] a justice of the peace F31 ... or, in Scotland, the sheriff; and

(b) if required by such a condition to appear within those twenty-four hours [F32 before the Tribunal] , shall be brought [F33 before it] .

(3) [F34 Where a person is brought before [F35 the First-tier Tribunal] , a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff]—

(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i) direct that he be detained under the authority of the person by whom he was arrested; or

(ii) release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b) if not of that opinion, shall release him on his original recognizance or bail.

Textual Amendments

F28 Words in Sch. 2 para. 33 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(f); S.I. 2005/565, art. 2 (with arts. 3-9)

F29 Words in Sch. 2 para. 33(2)(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(6)(a); S.I. 2005/565, art. 2 (with arts. 3-9)

F30 Words in Sch. 2 para. 33(2)(a) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(4); S.I. 2005/910, art. 3(y)(bb)

F31 Words in Sch. 2 para. 33(2)(a) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 64(3)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)

F32 Words in Sch. 2 para. 33 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(g); S.I. 2005/565, art. 2 (with arts. 3-9)

F33 Words in Sch. 2 para. 33(2)(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(6)(b); S.I. 2005/565, art. 2 (with arts. 3-9)

F34 Words in Sch. 2 para. 33(2)(c) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(6)(c); S.I. 2005/565, art. 2 (with arts. 3-9)

F35 Words in Sch. 2 para. 33(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

Modifications etc. (not altering text)

C12 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 33 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.8; S.I. 1998/1892, art.2

[F36 33A (1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under paragraphs 29 to 33 and matters arising out of such applications. U.K.

(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 29, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 29 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.]

Textual Amendments

F36 Sch. 2 para. 33A inserted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(6), 75(3); S.I. 2014/2771, art. 4(a)

F37 [Grant of bail pending removal U.K.

Textual Amendments

F37 Sch. 2 para. 34 and cross heading inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.12; S.I. 1996/2053, art. 2, Sch. Pt.II

F38 34 (1) Paragraph 22 above shall apply in relation to a person— U.K.

(a) directions for whose removal from the United Kingdom are for the time being in force; and

(b) who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination [F39 , detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter]]or detained under paragraph 16(2) above pending the giving of directions.

(2) Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.

Textual Amendments

F38 Sch. 2 para. 34 and cross heading inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 12; S.I. 1996/2053, art. 2, Sch. Pt. II

F39 Words in Sch. 2 para. 34(1) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 67; S.I. 2000/168, art. 2, Sch