D5.55 Form of custody of persons detained without warrant overnight (29/11/2010)

See also Immigration Act 2009 s 331

Every person who is placed in custody under section 313 of the Immigration Act 2009 (see D4.15) and is to be detained overnight must be detained:

1. in the case of a person under 18 years of age, in:
   1. a residence (within the meaning of section 2(1) of the Children, Young Persons, and Their Families Act 1989) or other premises under the control of, or approved by, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or
   2. if the person is not married or in a civil union, any other premises agreed to by an immigration officer and the person’s parent, guardian, or responsible adult; or
2. in any other case, in:
   1. premises approved by the Chief Executive under section 330 of the Immigration Act 2009; or
   2. a police station.

Effective 29/11/2010