D4.12 Duties of detaining officers

See also Immigration Act 2009 s 327

1. When detaining any person under section 312 of the Immigration Act 2009, it is an immigration officer’s duty to:
   1. inform the person at the time of the detention of the reason for the detention (unless in all the circumstances it is impracticable to do so); and
   2. produce the officer’s warrant; and
   3. inform the person that he or she may contact a lawyer or if appropriate, a responsible adult (see D4.35); and
   4. inform the person of the maximum duration of the detention.
2. When arresting and detaining any person without warrant under section 313 of the Immigration Act 2009, it is a constable’s duty to:
   1. inform the person at the time of the arrest, unless in all the circumstances it is impracticable to do so, of the reason for the arrest, and that the arrest does not relate to a criminal matter; and
   2. where the constable is not in uniform, to produce the constable’s badge or other evidence of being a constable; and
   3. inform the person that he or she may contact a lawyer or if appropriate, a responsible adult (see D4.35); and
   4. to inform the person of the maximum duration of the detention.
3. An immigration officer or a constable is not guilty of an offence and is not liable to any civil proceedings in respect of the arrest or detention by that officer or constable, if he or she has reasonable and probable grounds for believing that the person is liable to arrest and detention under Part 9 of the Immigration Act 2009.
4. A failure to fulfil any of the duties mentioned in (a) and (b) above does not of itself deprive the immigration officer or the constable, or any assistant, of protection from criminal responsibility.

Effective 03/09/2012