Immigration and Asylum Act 1999

Bail hearings under other enactments U.K.

53 Applications for bail in immigration cases. U.K.

(1) The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under the 1971 Act [F1 or under section 62 of the Nationality, Immigration and Asylum Act 2002].

(2) The regulations may confer a right to be released on bail in prescribed circumstances.

(3) The regulations may, in particular, make provision—

(a) creating or transferring jurisdiction to hear an application for bail by a person detained under the 1971 Act [F2 or under section 62 of the Nationality, Immigration and Asylum Act 2002];

(b) as to the places in which such an application may be held;

(c) as to the procedure to be followed on, or in connection with, such an application;

(d) as to circumstances in which, and conditions (including financial conditions) on which, an applicant may be released on bail;

(e) amending or repealing any enactment so far as it relates to such an application.

(4) The regulations must include provision for securing that an application for bail made by a person who has brought an appeal under any provision of [F3 the Nationality, Immigration and Asylum Act 2002] or the M1 Special Immigration Appeals Commission Act 1997 is heard by the appellate authority hearing that appeal.

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulations under this section require the approval of the Lord Chancellor.

[F5 (6A) In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval.

(6B) In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before giving his approval.]

(7) In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.

[F6 (8) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(9) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F1 Words in s. 53(1) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 62(13)(a), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F2 Words in s. 53(3)(a) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 62(13)(b), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F3 Words in s. 53(4) substituted (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 7 para. 28 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

F4 S. 53(5) repealed (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 68(6)(b), 162(1), Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F5 S. 53(6A)(6B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 284(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)

F6 S. 53(8)(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 284(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)

Commencement Information

I1 S. 53(1)-(4)(6)(7) in force at 10.2.2003 by S.I. 2003/2, art. 2, Sch.

Marginal Citations

M1 1997 c. 68.

54 Extension of right to apply for bail in deportation cases. U.K.

(1) Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows.

(2) In sub-paragraph (1), at the end insert “ or he is released on bail ”.

(3) In sub-paragraph (3), after “unless” insert “ he is released on bail or ”.

(4) After sub-paragraph (4) insert—

“(4A) Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule.”

Commencement Information

I2 S. 54 in force at 10.2.2003 by S.I. 2003/2, art. 2, Sch.