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D5.60 Form of custody of persons detained under warrant of commitment (29/11/2010)

See also Immigration Act 2009 s 332

Every person who is to be detained in custody (see D4.15) under a warrant of commitment must be detained:

  1. in the case of a person under 18 years of age, in a place approved for the purpose by the District Court Judge before whom the person is brought, being:
    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
    3. premises approved by the Chief Executive under section 330 of the Immigration Act 2009; or
  2. in any other case:
    1. in a prison; or
    2. in other premises approved for the purpose by the Judge, being premises approved by the chief executive under section 330 of the Immigration Act 2009.

Effective 29/11/2010

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