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Immigration Act 1971

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Changes over time for: Cross Heading: Restrictions on grant of bail

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Version Superseded: 15/01/2018

Status:

Point in time view as at 11/10/2017.

Changes to legislation:

Immigration Act 1971, Cross Heading: Restrictions on grant of bail is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Restrictions on grant of bailU.K.

30(1)An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if[F1U.K.

(a)]directions for the removal of the appellant from the United Kingdom are for the time being in force, [F2and

(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, [F3the 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 [F3the Tribunal] shall not be obliged to release an appellant if it appears to [F4the 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

F1Hyphen 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)

F2Sch. 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)

Modifications etc. (not altering text)

C1Sch. 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

C2Sch. 2 para. 30(1) applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(d), 127(2)

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