D4.15 Initial period of detention for up to 96 hours without warrant

See also Immigration Act s 313

1. Where a person is liable to arrest and detention under Part 9 of the Immigration Act 2009, for a purpose set out in section 310 of the Immigration Act 2009 (see D4.5), a constable may, and if requested by an immigration officer must, arrest the person without warrant and place them in custody.
2. A person arrested and detained under section 313 of the Immigration Act 2009 may be detained only as long as is necessary to achieve the purpose of the arrest and detention without further authority than that section, but must not be detained for a period longer than 96 hours.
3. The period of 96 hours in (b) above is to be determined inclusive of any time during which the person was detained by an immigration officer under section 312 of the Immigration Act 2009 (see D4.11).

Effective 03/09/2012