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UK Borders Act 2007
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Changes over time for: Section 36
Version Superseded: 15/01/2018
Alternative versions:
- 01/08/2008- Amendment
- 12/07/2016- Amendment
- 12/07/2016
Point in time - 15/01/2018- Amendment
- 28/09/2023- Amendment
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36DetentionU.K.
This section has no associated Explanatory Notes
(1)A person who has served a period of imprisonment may be detained under the authority of the Secretary of State—
(a)while the Secretary of State considers whether section 32(5) applies, and
(b)where the Secretary of State thinks that section 32(5) applies, pending the making of the deportation order.
(2)Where a deportation order is made in accordance with section 32(5) the Secretary of State shall exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention pending removal) unless in the circumstances the Secretary of State thinks it inappropriate.
[F1(2A)The detention under subsection (1) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.]
(3)A court determining an appeal against conviction or sentence may direct release from detention under subsection (1) or (2).
(4)Provisions of the Immigration Act 1971 which apply to detention under paragraph 2(3) of Schedule 3 to that Act shall apply to detention under subsection (1) (including provisions about bail).
(5)Paragraph 2(5) of Schedule 3 to that Act (residence, occupation and reporting restrictions) applies to a person who is liable to be detained under subsection (1).
Textual Amendments
F1S. 36(2A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 60(13), 94(1); S.I. 2016/603, reg. 3(m)
Commencement Information
I1S. 36 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.
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