Immigration and Asylum Act 1999 (c. 33)

SCHEDULES

Section 154(7).

SCHEDULE 11 U.K. Detainee Custody Officers

Obtaining certificates of authorisation by false pretences U.K.

1 U.K. A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular, or

(b) recklessly makes a statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers and duties of detainee custody officers U.K.

2 (1) A detainee custody officer exercising custodial functions has power— U.K.

(a) to search (in accordance with rules made by the Secretary of State) any detained person in relation to whom the officer is exercising custodial functions; and

(b) to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2) The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3) As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer—

(a) to prevent that person’s escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(c) to ensure good order and discipline on his part; and

(d) to attend to his wellbeing.

(4) The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

Modifications etc. (not altering text)

C1 Sch. 11 paras. 2, 3 extended (coming into force in accordance with art. 1(2) of the extending S.I.) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(2)

Commencement Information

I1 Sch. 11 para. 2 wholly in force at 2.4.2001; Sch. 11 para. 2 not in force at Royal Assent; Sch. 11 para. 2(1)(a) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 11 para 2 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Short-term holding facilities [F1 and pre-departure accommodation] U.K.

Textual Amendments

F1 Words in Sch. 11 para. 3 heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(a); S.I. 2014/1820, art. 3(cc)

3 (1) A detainee custody officer may perform functions of a custodial nature at a short-term holding facility [F2 or in pre-departure accommodation] (whether or not he is authorised to perform custodial functions at a [F3 removal centre]). U.K.

(2) When doing so, he is to have the same powers and duties in relation to the facility [F4 or accommodation] and persons detained there as he would have if the facility [F4 or accommodation] were a [F3 removal centre].

Textual Amendments

F2 Words in Sch. 11 para. 3(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(b)(i); S.I. 2014/1820, art. 3(cc)

F3 Words in Sch. 11 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(k), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F4 Words in Sch. 11 para. 3(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(b)(ii); S.I. 2014/1820, art. 3(cc)

Modifications etc. (not altering text)

C1 Sch. 11 paras. 2, 3 extended (coming into force in accordance with art. 1(2) of the extending S.I.) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(2)

Assaulting a detainee custody officer U.K.

4 U.K. A person who assaults a detainee custody officer who is—

(a) acting in accordance with escort arrangements,

(b) performing custodial functions, F5 ...

(c) performing functions of a custodial nature at a short-term holding facility [F6 or in pre-departure accommodation] ,[F7 or

(d) performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),]

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Textual Amendments

F5 Word in Sch. 11 para. 4(b) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), ss. 53(2)(a), 94(1); S.I. 2016/603, reg. 3(g)

F6 Words in Sch. 11 para. 4(c) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(c); S.I. 2014/1820, art. 3(cc)

F7 Sch. 11 para. 4(d) and preceding word inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 53(2)(b), 94(1); S.I. 2016/603, reg. 3(g)

Obstructing detainee custody officers U.K.

5 U.K. A person who resists or wilfully obstructs a detainee custody officer who is—

(a) acting in accordance with escort arrangements,

(b) performing custodial functions, F8 ...

(c) performing functions of a custodial nature at a short-term holding facility [F9 or in pre-departure accommodation] , [F10 or

(d) performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),]

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F8 Word in Sch. 11 para. 5(b) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), ss. 53(3)(a), 94(1); S.I. 2016/603, reg. 3(g)

F9 Words in Sch. 11 para. 5(c) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(d); S.I. 2014/1820, art. 3(cc)

F10 Sch. 11 para. 5(d) and preceding word inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 53(3)(b), 94(1); S.I. 2016/603, reg. 3(g)

Uniforms and badges U.K.

6 U.K. For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Suspension and revocation of certificates of authorisation U.K.

7 (1) If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions. U.K.

(2) If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may—

(a) refer the matter to the Secretary of State; or

(b) in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

(3) If it appears to the contract monitor for the [F3 removal centre] concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—

(a) refer the matter to the Secretary of State; or

(b) in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

Textual Amendments

F3 Words in Sch. 11 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(k), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

Commencement Information

I2 Sch. 11 para. 7 wholly in force at 2.4.2001; Sch. 1 para. 7 not in force at Royal Assent see s. 170(4); Sch. 1 para. 7(1) in force at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; Sch. 11 para. 7(2)(3) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 11 para 7 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

[F11 Prison officers and prisoner custody officers U.K.

Textual Amendments

F11 Sch. 11 para. 8 and cross-heading added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 65(2), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

8 U.K. A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.]

[F12 9 U.K. A reference in paragraph 4(d) or 5(d) to a detainee custody officer performing functions under section 51 of the Immigration Act 2016 includes a reference to a prison officer or prisoner custody officer performing such functions.]

Textual Amendments

F12 Sch. 11 para. 9 inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 53(4), 94(1); S.I. 2016/603, reg. 3(g)