The Detention Centre Rules 2001

Made: 29th January 2001

Laid before Parliament: 6th February 2001

Coming into force: 2nd April 2001

In exercise of the powers conferred upon me by sections 148(3), 149(6), 152(2) and (3), 153 and 166(3) of, and paragraph 2 of Schedules 11 and 13 to, and paragraphs 1 to 3 of Schedule 12 to, the Immigration and Asylum Act 1999, I hereby make the following Rules:

PART I

Citation and commencement

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These Rules may be cited as the Detention Centre Rules 2001 and shall come into force on 2nd April 2001.

Interpretation

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In these Rules, where the context so admits, the expression—

• “compact” has the meaning set out at rule 4(1);

• “controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 ;

• “legal adviser” means, in relation to a detained person, his counsel, representative or solicitor, and includes a clerk acting on behalf of his solicitor;

• “manager” means, in relation to any detention centre, the person appointed under section 148(1) of the Immigration and Asylum Act 1999;

• “officer” means an officer of a detention centre (whether a Crown servant or an employee of the contractor or otherwise) and, for the purposes of rule 8(2), includes a detainee custody officer who is authorised to perform escort functions in accordance with section 154 of the Immigration and Asylum Act 1999 or a prison officer or prisoner custody officer performing those functions under that section.

PART II — DETAINED PERSONS

GENERAL

Purpose of detention centres

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• (1) The purpose of detention centres shall be to provide for the secure but humane accommodation of detained persons in a relaxed regime with as much freedom of movement and association as possible, consistent with maintaining a safe and secure environment, and to encourage and assist detained persons to make the most productive use of their time, whilst respecting in particular their dignity and the right to individual expression.

• (2) Due recognition will be given at detention centres to the need for awareness of the particular anxieties to which detained persons may be subject and the sensitivity that this will require, especially when handling issues of cultural diversity.

ADMISSIONS AND DISCHARGE

Information to detained persons about these Rules and the detention centre

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• (1) The Secretary of State shall devise a document (to be known as the “compact”) setting out certain rights to be enjoyed and responsibilities to be undertaken by detained persons during their stay at detention centres.

• (2) The compact shall in no way prejudice any other rights or responsibilities of detained persons as set out in these Rules, the Human Rights Convention, or otherwise.

• (3) Every detained person shall be provided, as soon as possible after his reception into a detention centre and (so far as reasonably practicable) in a language which he understands, with a copy of the compact together with information in writing about those provisions in these Rules and other matters about life in the detention centre which it is necessary that he should know (including information about the proper method of making requests and complaints at the centre).

• (4) In the case of a detained person aged less than 18, or a detained person aged 18 or over who cannot read or appears to have difficulty in understanding the information so provided, the manager, or a member of staff deputed by him, shall so explain it to him in order that he can understand his rights and responsibilities.

• (5) These Rules shall be translated into a variety of languages as directed by the Secretary of State.

• (6) A copy of these Rules shall be made available to any detained person who requests it.

Record, photograph and fingerprinting

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• (1) For purposes of identification and welfare, a personal record for each detained person shall be prepared and maintained in such manner as the Secretary of State may direct.

• (2) This record shall include such details and measurements of external physical characteristics as the Secretary of State may direct, but no copy of the record shall be given to any person not authorised to receive it by the Secretary of State.

• (3) Every detained person may be photographed on reception and subsequently as many times as may be required by the Secretary of State, but no copy of any photographs taken shall be given to any person not authorised to receive it by the Secretary of State.

• (4) Any detained person may have his fingerprints taken in accordance with section 141 of the Immigration and Asylum Act 1999 if specifically directed by the Secretary of State.

Detained persons’ property

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• (1) Every detained person shall be entitled to retain all his personal property, other than cash, for his own use at the detention centre save where such retention is contrary to the interests of safety or security or is incompatible with the storage facilities provided at the centre.

• (2) Anything, other than cash, which a detained person has at a detention centre and which he is not allowed to retain for his own use as a result of paragraph (1) shall be taken into the manager’s custody.

• (3) An inventory of a detained person’s property shall be kept, and he shall be required to sign it, after having a proper opportunity to see that it is correct.

• (4) A detained person may have supplied to him at his expense and retain for his own use books, newspapers, writing materials and other means of occupation, except any that appears objectionable to the manager or the Secretary of State on grounds that it is likely to give offence to others.

• (5) Any cash that a detained person does not wish to keep in his possession, or which he is not entitled to keep in his possession, shall be deposited with the manager for safekeeping and a receipt issued, which the detained person shall be required to sign, after having a proper opportunity to see that it is correct.

• (6) A detained person shall be entitled to reasonable access to any cash deposited with the manager for safekeeping under paragraph (5).

• (7) For the purposes of paragraph (5), a detained person shall not be entitled to keep in his possession any cash which is greater than an amount to be directed by the Secretary of State in the interests of prevention of loss or crime at the detention centre.

• (8) Any property or cash which a detained person has deposited with, or surrendered to, the manager in accordance with these Rules shall be returned to the detained person upon his discharge from the detention centre.

• (9) Any article belonging to a detained person which remains unclaimed for a period of more than one year after he is discharged from the detention centre, or dies, may be sold or otherwise disposed of and the net proceeds of any sale shall be applied, under the joint authority of the manager and the contract monitor, to purposes for the benefit of all detained persons.

• (10) The manager may confiscate any unauthorised article found in the possession of a detained person after his reception into a detention centre, or concealed or deposited anywhere within a centre.

Search

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• (1) For reasons of security and safety, every detained person shall be searched when taken into custody by an officer, on his reception into a detention centre and subsequently as the manager thinks necessary, or as the Secretary of State may direct.

• (2) A detained person shall be searched in as seemly a manner as is consistent with discovering anything concealed.

• (3) No detained person shall be stripped and searched in the sight of another detained person, or in the sight or presence of an officer or other person not of the same sex.

• (4) Paragraphs (2) and (3) apply to searches by officers acting in accordance with escort arrangements as well as to those exercising custodial functions.

Custody outside of detention centres

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• (1) A person being taken to or from a detention centre in custody shall be exposed as little as possible to public observation and proper care shall be taken to protect him from curiosity and insult.

• (2) A detained person required to be taken in custody anywhere outside of a detention centre shall be kept in the custody of an officer appointed to escort him or a police officer.

Detention reviews and up-date of claim

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• (1) Every detained person will be provided, by the Secretary of State, with written reasons for his detention at the time of his initial detention, and thereafter monthly.

• (2) The Secretary of State shall, within a reasonable time following any request to do so by a detained person, provide that person with an update on the progress of any relevant matter relating to him.

• (3) For the purposes of paragraph (2) “relevant matter” means any of the following—

• (a) a claim for asylum;

• (b) an application for, or for the variation of, leave to enter or remain in the United Kingdom;

• (c) an application for British nationality;

• (d) a claim for a right of admission into the United Kingdom under a provision of retained EU law;

• (e) a claim for a right of residence in the United Kingdom under a provision of retained EU law;

• (f) the proposed removal or deportation of the detained person from the United Kingdom;

• (g) an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997;

• (h) an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (g).

Female detained persons

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Female detained persons will be provided with sleeping accommodation separate from male detained persons, subject to rule 11.

Families and minors

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• (1) Detained family members shall be entitled to enjoy family life at the detention centre save to the extent necessary in the interests of security and safety.

• (2) Detained persons aged under 18 and families will be provided with accommodation suitable to their needs.

• (3) Everything reasonably necessary for detained persons’ protection, safety and well-being and the maintenance and care of infants and children shall be provided.

WELFARE AND PRIVILEGES

Clothing

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• (1) All detained persons may wear clothing of their own if and insofar as it is suitable and clean, and shall be permitted to arrange for the supply to them from outside the detention centre of sufficient clean clothing.

• (2) Where required all detained persons shall be provided with clothing adequate for warmth and health in accordance with arrangements approved by the Secretary of State.

• (3) A detained person shall be provided, where necessary, with suitable and adequate clothing on his release.

• (4) Facilities for the laundering of items of clothing shall be provided.

Food

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• (1) Subject to any directions of the Secretary of State, no detained person shall be allowed, except as authorised by the medical practitioner to have any food other than that ordinarily provided.

• (2) No detained person shall be given less food than is ordinarily provided, except with his written consent and upon the written recommendation of the medical practitioner.

• (3) The food provided shall:

• (a) be wholesome, nutritious, well prepared and served, reasonably varied, sufficient in quantity and

• (b) meet all religious, dietary, cultural and medical needs.

• (4) The contract monitor at a contracted-out detention centre, or the manager at a directly managed detention centre, shall regularly inspect the food both before and after it is cooked and, in the case of the contract monitor, shall report any deficiency or defect to the manager.

• (5) In this rule “food” includes drink.

Alcohol

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No detained person shall be allowed to have any intoxicating liquor except:–

• (a) by written order of the medical practitioner, specifying the quantity and the name of the detained person and the medical reason for the order; or

• (b) for the observance of religious festivals, and for sacraments, with the prior agreement of the manager.

Certification of accommodation

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• (1) The Secretary of State shall satisfy himself that in every detention centre sufficient accommodation is provided for all detained persons.

• (2) No room shall be used as sleeping accommodation for a detained person unless the Secretary of State has certified that:—

• (a) its size, lighting, heating, ventilation and fittings are adequate for health;

• (b) it has adequate storage facilities (consistent with interests of security and safety); and

• (c) it allows the detained person to communicate at any time with an officer.

• (3) No room shall be used for the purposes of:—

• (a) removal from association under rule 40;

• (b) temporary confinement under rule 42; or

• (c) application of special control or restraint under rule 43 unless the Secretary of State has certified that its lighting, heating, ventilation and fittings are adequate for health and that it allows the detained person to communicate at any time with an officer.

• (4) A certificate given under this rule in respect of any room shall specify the maximum number of detained persons who may be accommodated in the room.

Hygiene

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• (1) Every detained person shall have proper regard for personal hygiene in their own interests and the interests of others.

• (2) Every detained person shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.

• (3) Facilities shall be provided for every detained person to have a daily bath or shower.

• (4) Facilities shall be provided to male detained persons to permit daily shaving.

• (5) Facilities shall be provided to allow detained persons to have their hair cut on a regular basis.

• (6) No detained person shall be required to have his or her hair cut without consent.

Regime and paid activity

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• (1) All detained persons shall be provided with an opportunity to participate in activities to meet, as far as possible, their recreational and intellectual needs and the relief of boredom.

• (2) Wherever reasonably possible the development of skills and of services to the centre and to the community should be encouraged.

• (3) Detained persons shall be entitled to undertake paid activities to the extent that the opportunity to do so is provided by the manager.

• (4) Detained persons undertaking activities under paragraph (3) shall be paid at rates approved by the Secretary of State, either generally or in relation to particular cases.

• (5) Every detained person able to take part in educational activities provided at a detention centre shall be encouraged to do so.

• (6) Programmes of educational classes shall be provided at every detention centre.

• (7) Arrangements shall be made for each detained person to have the opportunity of taking part in physical education or recreation, which shall consist of both sports and health-related activities.

• (8) A library shall be provided in every detention centre, which will meet a range of cultural, ethnic and linguistic needs and, subject to any direction of the Secretary of State in any particular case, every detained person shall be allowed access to it at reasonable times.

Time in open air

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• (1) Subject to paragraph (2), a detained person shall be given the opportunity to spend at least one hour in the open air every day.

• (2) Time in the open air may be refused in exceptional circumstances where necessary in the interests of safety or security.

Privileges

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• (1) At every detention centre all detained persons shall have access to a system of privileges approved by the Secretary of State, which shall include arrangements under which they may spend their money within the detention centre.

• (2) Systems of privileges approved under paragraph (1) may include arrangements under which privileges may be granted to detained persons only in so far as they have met, and for so long as they continue to meet, specified standards of behaviour (whether under the compact, these Rules or otherwise).

• (3) Systems of privileges which include arrangements of the kind referred to in paragraph (2) shall include procedures to be followed in determining whether or not any of the privileges concerned shall be granted to a detained person and such procedures shall include a requirement that the detained person be given reasons for any decision adverse to him together with a statement of the means by which he may appeal against it.

• (4) This rule shall be without prejudice to any other provision of these Rules which provides that a privilege may be forfeited or otherwise lost or a detained person deprived of association with other detained persons.

RELIGION

Diversity of religion

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The practice of religion in detention centres shall take account of the diverse cultural and religious background of detained persons.

Religious denomination

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If a detained person wishes to declare himself to belong to a particular religion, the manager shall upon that person’s reception at the detention centre record the religion to which the detained person wishes to belong.

Manager of religious affairs and ministers of religion

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• (1) Every detention centre shall have a manager of religious affairs whose appointment shall be approved by the Secretary of State.

• (2) Where in any detention centre the number of detained persons who belong to a particular religion is such as in the opinion of the Secretary of State to require the appointment of a minister of that religion, the Secretary of State may appoint such a minister to that detention centre.

• (3) The manager of religious affairs shall make arrangements for a minister of religion to meet with every detained person of his religion individually soon after the detained person’s reception into the detention centre if the detained person so wishes.