Section 62: Detention by Secretary of State, Nationality, Immigration and Asylum Act 2002

A person may be detained under the authority of the Secretary of State pending—

a decision by the Secretary of State whether to give directions in respect of the person under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or

removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those provisions.

Where the Secretary of State is empowered under section 3A of the Immigration Act 1971 (powers of Secretary of State) to examine a person or to give or refuse a person leave to enter the United Kingdom, the person may be detained under the authority of the Secretary of State pending—

the person's examination by the Secretary of State,

the Secretary of State's decision to give or refuse the person leave to enter,

a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or

removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.

A person liable to be detained under this section may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given.

Subsections (1) and (2) apply regardless of whether there is anything that for the time being prevents the decision from being made, the removal or examination from being carried out, or the directions from being given.

Subsections (2N) and (2O) are subject to—

paragraph 18B of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children), as applied by subsection (3);

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subsection (7A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

Subsection (2R) applies if, while a person is detained under this section, the Secretary of State no longer considers that the decision will be made, the removal or examination will be carried out, or the directions will be given within a reasonable period of time.

The person may be detained under this section for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person's release as the Secretary of State considers to be appropriate.

A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule , other than paragraph 17A, shall apply to a person who is detained or liable to detention under this section: and for that purpose—

a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,

a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,

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a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.

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A power under this section which is exercisable pending a decision of a particular kind by the Secretary of State is exercisable where the Secretary of State has reasonable grounds to suspect that he may make a decision of that kind.

The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

At the end of section 11(1) of the Immigration Act 1971 (c. 77) (person not deemed to have entered United Kingdom while detained, &c.) there shall be inserted ."or section 62 of the Nationality, Immigration and Asylum Act 2002"

In section 24(1)(e) of the Immigration Act 1971 (offence: failure to comply with restriction) for "or to an immigration officer" there shall be substituted .", to an immigration officer or to the Secretary of State"

In the Mental Health Act 1983 (c. 20)—

at the end of section 48(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added , and"or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)"

in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

In the Mental Health (Scotland) Act 1984 (c. 36)—

at the end of section 71(2)(c) (detained persons who may be transferred to hospital for mental treatment) there shall be added , and"or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)"

at the end of section 74(1)(b) (further provision about such persons) there shall be added ."or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)"

In the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))—

at the end of Article 54(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added , and"or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)"

in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

Section 53 of the Immigration and Asylum Act 1999 (c. 33) (bail) shall be amended as follows—

at the end of subsection (1) add , and"or under section 62 of the Nationality, Immigration and Asylum Act 2002"

at the end of subsection (3)(a) add ."or under section 62 of the Nationality, Immigration and Asylum Act 2002"

In section 147 of that Act (detention centres: interpretation) at the end of the definition of "detained persons" there shall be inserted ."or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);"

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Section 62: Detention by Secretary of State

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