Immigration and Asylum Act 1999

44 Bail hearings for detained persons

(1) This section applies if a person is detained under any provision of the 1971 Act.

(2) The Secretary of State must arrange a reference to the court for it to determine whether the detained person should be released on bail.

(3) The duty under this section to arrange a reference does not apply if the detained person—

(a) is also detained otherwise than under a provision of the 1971 Act;

(b) is liable (under section 3(6) of that Act) to deportation as a result of the recommendation of a court; or

(c) has given to the Secretary of State, and has not withdrawn, written notice that he does not wish his case to be referred to a court under this section.

(4) The Secretary of State must secure that a first reference to the court is made—

(a) in the case of a reference to the Commission, in accordance with rules; and

(b) in any other case, no later than the eighth day following that on which the detained person was detained.

(5) If the detained person remains in detention, the Secretary of State must secure that a second reference to the court is made—

(a) in the case of a reference to the Commission, in accordance with rules; and

(b) in any other case, no later than the thirty-sixth day following that on which the detained person was detained.

(6) A reference under subsection (5) may not be heard by the court before the thirty-third day following that on which the detained person was detained.

(7) The court hearing a case referred to it under this section must proceed as if the detained person had made an application to it for bail.

(8) The court must determine the matter—

(a) in the case of a reference to the Commission, in accordance with rules; and

(b) in any other case—

(i) on a first reference, before the tenth day following that on which the person concerned was detained; and

(ii) on a second reference, before the thirty-eighth day following that on which he was detained.

(9) Subsection (8) does not apply if the detained person has been released or has given notice under subsection (3)(c).

(10) If it appears to the Secretary of State that there has been a failure to comply with subsection (4) or (5), he must refer the matter to the court, and the court must deal with the reference, as soon as is reasonably practicable.

(11) If it appears to the Secretary of State that there has been a failure to comply with subsection (8), he must notify the court concerned, and the court must deal with the matter, as soon as is reasonably practicable.

(12) In this Part “court” means—

(a) if the detained person has brought an appeal under the Immigration Acts, the court or other appellate authority dealing with his appeal;

(b) in the case of a detained person to whom section 3(2) of the [1997 c. 68.] Special Immigration Appeals Commission Act 1997 applies (jurisdiction in relation to bail for persons detained on grounds of national security), the Commission; and

(c) in any other case, such magistrates' court as the Secretary of State considers appropriate or, in Scotland, an adjudicator.

(13) Rules made by the Lord Chancellor under section 5 of the Special Immigration Appeals Commission Act 1997 may include provision made for the purposes of this section; and in subsections (4), (5) and (8) “rules” means rules made by virtue of this subsection.

(14) The Secretary of State may by regulations make provision modifying the application of this section in relation to cases where the proceedings on a reference under this section are adjourned to enable medical or other reports to be obtained or for any other reason.

(15) The regulations may, in particular, provide for the requirement for there to be a second reference not to apply in prescribed circumstances.

(16) This section does not affect any other provision under which the detained person may apply for, or be released on, bail.