Immigration Act 1971

Part IIU.K. Effect of Appeals

Stay on directions for removalU.K.

F128U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant of bail pending appealU.K.

29(1)Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under [F2Part 5 of the Nationality, Immigration and Asylum Act 2002]and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph [F3(and paragraph 22 does not apply)] .U.K.

(2)An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F4the First-tier Tribunal] at a time and place named in the recognizance or bail bond.

(3)[F5[F6the First-tier Tribunal]] may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F7the Tribunal] or the [F8Immigration Appeal Tribunal] at a time and place named in the recognizance or bail bond; F9. . .

(4)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.

(6)In any case in which [F11the First-tier Tribunal] has power or is required by this paragraph to release an appellant on bail, [F12the Tribunal] may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by [F13the Tribunal] ; and on the recognizance or bail bond being so taken the appellant shall be released.

Restrictions on grant of bailU.K.

30(1)An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if [F14— U.K.

(a)]directions for the removal of the appellant from the United Kingdom are for the time being in force,

[F15and

(b)the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.]

(2)Notwithstanding paragraph 29(3) or (4) above, [F16the Tribunal] shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfactory bail is found if so required; and [F16the Tribunal] shall not be obliged to release an appellant if it appears to [F17the Tribunal]—

(a)that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion;

(b)that the appellant is likely to commit an offence unless he is retained in detention;

(c)that the release of the appellant is likely to cause danger to public health;

(d)that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or

(e)that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made.

Forfeiture of recognizancesU.K.

31(1)Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before [F18the Tribunal] , and it appears to [F19the Tribunal] , to be forfeited, [F20the Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F20the Tribunal] thinks fit.U.K.

(2)An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.

(3)Where [F18the Tribunal] makes an order under this paragraph [F20the Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F21proper officer] of the court specified in the order in pursuance of sub-paragraph (2) above.

[F22(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the [F23designated officer] for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]

(4)Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F24purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F25

(5)Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

32U.K.Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before [F26the Tribunal] , [F27the Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F28the Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

Arrest of appellants released on bailU.K.

33(1)An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule—U.K.

(a)if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b)if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2)A person arrested under this paragraph—

(a)if not required by a condition on which he was released to appear before [F29the Tribunal] within twenty-four hours after the time of his arrest, shall as soon as practicable be brought [F30before the Tribunal] or, if that is not practicable within those twenty-four hours, before [F31in England and Wales, a justice of the peace, in Northern Ireland,] a justice of the peace F32... or, in Scotland, the sheriff; and

(b)if required by such a condition to appear within those twenty-four hours [F33before the Tribunal] , shall be brought [F34before it].

(3)[F35Where a person is brought before [F36the First-tier Tribunal], a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff]—

(a)if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i)direct that he be detained under the authority of the person by whom he was arrested; or

(ii)release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b)if not of that opinion, shall release him on his original recognizance or bail.

[F3733A(1)Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under paragraphs 29 to 33 and matters arising out of such applications.U.K.

(2)Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 29, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 29 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.]

F38[Grant of bail pending removalU.K.

F3934(1)Paragraph 22 above shall apply in relation to a person—U.K.

(a)directions for whose removal from the United Kingdom are for the time being in force; and

(b)who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination [F40, detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter]]or detained under paragraph 16(2) above pending the giving of directions.

(2)Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.