Immigration and Asylum Act 1999

46 General right to be released on bail

(1) On a reference under section 44, the court must release the detained person on bail unless—

(a) subsection (2), (3) or (4) applies; or

(b) the court has imposed a requirement under section 47(1) which has not been complied with.

(2) The detained person need not be granted bail if the court is satisfied that there are substantial grounds for believing that if released on bail he would—

(a) fail to comply with one or more of the conditions of bail or of any recognizance or bail bond;

(b) commit an offence while on bail which is punishable with imprisonment;

(c) be likely to cause danger to public health; or

(d) alone or with others, be a serious threat to the maintenance of public order.

(3) The detained person need not be granted bail if the court is satisfied that—

(a) he is or has been knowingly involved with others in a concerted attempt by all or some of them to enter the United Kingdom in breach of immigration law;

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

(c) he is under the age of 18 and, while arrangements ought to be made for his care in the event of his release from detention, no satisfactory arrangements have been made;

(d) he is required to submit to an examination by an immigration officer under paragraph 2 or 2A of Schedule 2 to the 1971 Act and there is no relevant decision which the officer is in a position to take; or

(e) directions for his removal from the United Kingdom are in force.

(4) The detained person need not be granted bail if the court is satisfied that he is a person to whom section 3(2) of the [1997 c. 68.] Special Immigration Appeals Commission Act 1997 (national security cases) applies.

(5) For the purposes of this section, the question whether an offence is one which is punishable with imprisonment is to be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.

(6) “Immigration law” means any provision of the Immigration Acts or any similar provision in force in any part of the British Islands.

(7) Each of the following is a relevant decision—

(a) a decision as to whether, and if so how, to exercise the powers conferred by paragraph 21 of Schedule 2 to the 1971 Act;

(b) a decision as to whether to grant the person concerned leave to enter, or remain in, the United Kingdom;

(c) a decision as to whether to cancel his leave to enter the United Kingdom under paragraph 2A(8) of that Schedule.

(8) The Secretary of State may by order amend subsection (2) or (3) by adding to or restricting the circumstances in which the subsection applies.

(9) If bail is granted under this section, the appropriate court may, on an application by or on behalf of the person released, vary any condition on which it was granted.

(10) If bail is granted under this section, the appropriate court may, on an application by or on behalf of the Secretary of State, vary any condition on which it was granted or impose conditions on it.

(11) “Appropriate court” means—

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

(b) in any other case, the court which released the person concerned on bail.