PART 6PERSONS HAVING ACCESS TO SHORT-TERM HOLDING FACILITIES

Authorisation for access44

A person must not have access to a short-term holding facility unless authorised by any enactment, the manager or the Secretary of State.

Prohibited items45

1

No person may, without authorisation—

a

convey into or out of or throw into or out of or deposit in a short-term holding facility,

b

convey to a person detained at a short-term holding facility, or

c

deposit in any place with intent that it will come into the possession of a person detained at a short-term holding facility,

any item whatsoever.

2

Anything so conveyed, thrown or deposited may be confiscated by the manager and disposed of in such manner as the manager may direct.

Control of persons and vehicles46

1

A person or vehicle entering or leaving a short-term holding facility may be stopped, examined and searched by a detainee custody officer or an immigration officer and that search may include a search of any property found on their person or in the vehicle.

2

A search of a person under paragraph (1) must be carried out in as seemly a manner as is consistent with discovering anything concealed and may not require a person to remove any of their clothing other than an outer coat, jacket or glove.

3

A detainee custody officer or an immigration officer may confiscate any item located as a result of a search under paragraph (1) that the detainee custody officer or immigration officer has reasonable grounds to believe may compromise the security of the short-term holding facility or the safety of any person.

4

Any item seized under paragraph (3) may be disposed of in such manner as the manager may direct.

5

If a person does not leave a short-term holding facility when required to do so, a detainee custody officer or immigration officer may use reasonable force where necessary to remove that person if directed by the manager.

Viewing of short-term holding facilities47

A person must not view inside a short-term holding facility unless authorised to do so by any enactment, the manager or the Secretary of State.

Visitors48

1

Without prejudice to any other powers to prohibit or restrict entry to short-term holding facilities, or to the powers under rule 25 (visits), the Secretary of State may—

a

with a view to ensuring the security of the short-term holding facility, the safety of any person or the prevention of crime, or

b

in the interests of any person,

restrict visits by a particular person to a short-term holding facility or to a particular detained person in a short-term holding facility for such periods of time as necessary.

2

Paragraph (1) does not apply in relation to any visits to a short-term holding facility or to a detained person by a member of the Visiting Committee of the short-term holding facility or by a legal adviser for the purposes of a meeting under rule 27 (legal adviser).