SCHEDULES

SCHEDULE 12 Discipline etc at F1Removal Centres

Section 155(2).

Annotations:
Amendments (Textual)

Measuring and photographing detained persons

I11

1

F1Removal centre rules may (among other things) provide for detained persons to be measured and photographed.

2

The rules may, in particular, prescribe—

a

the time or times at which detained persons are to be measured and photographed;

b

the manner and dress in which they are to be measured and photographed; and

c

the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.

Annotations:
Commencement Information
I1

Sch. 12 para. 1 wholly in force at 2.4.2001; Sch. 12 para. 1 not in force at Royal Assent; Sch. 12 para. 1 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 12 para. 1 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Testing for drugs or alcohol

I22

1

If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with F1removal centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—

a

whether he has a drug in his body; or

b

whether he has alcohol in his body.

2

The sample required may be one or more of the following—

a

a sample of urine;

b

a sample of breath;

c

a sample of a specified description.

3

Sub-paragraph (2)(c)—

a

applies only if the authorisation so provides; and

b

does not authorise the taking of an intimate sample.

4

Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular F1removal centre.

5

Drug” means a drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971.

6

Specified” means specified in the authorisation.

7

“Intimate sample”—

a

in relation to England and Wales, has the same meaning as in Part V of the M2Police and Criminal Evidence Act 1984;

b

in relation to Scotland, means—

i

a sample of blood, semen or any other tissue fluid, urine or pubic hair;

ii

a dental impression;

iii

a swab taken from a person’s body orifice other than the mouth; and

c

in relation to Northern Ireland, has the same meaning as in Part VI of the M3Police and Criminal Evidence (Northern Ireland) Order 1989.

Medical examinations

I33

1

This paragraph applies if—

a

an authorisation is in force for a F1removal centre; and

b

there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).

2

A detainee custody officer may require the detained person to submit to a medical examination at the centre.

3

The medical examination must be conducted in accordance with F1removal centre rules.

4

A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.

5

A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

6

Authorisation” means an authorisation given by the manager of the F1removal centre for the purpose of this paragraph.

7

The Secretary of State may by order specify any disease which he considers might, if a person detained in a F1removal centre were to suffer from it, endanger the health of others there.

Annotations:
Commencement Information
I3

Sch. 12 para. 3 wholly in force at 2.4.2001; Sch. 12 para. 3 not in force at Royal Assent; Sch. 12 para. 3(7) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 12 para. 3 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.

Assisting detained persons to escape

4

1

A person who aids any detained person in escaping or attempting to escape from a F1removal centreF5, a short-term holding facility or pre-departure accommodation is guilty of an offence.

2

A person who, with intent to facilitate the escape of any detained person from a F1removal centreF6, a short-term holding facility or pre-departure accommodation

a

conveys any thing into the centreF7, facility or accommodation or to a detained person,

b

sends any thing (by post or otherwise) into the centreF8, facility or accommodation or to a person detained there,

c

places any thing anywhere outside the centreF9, facility or accommodation with a view to its coming into the possession of a person detained there,

is guilty of an offence.

3

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Alcohol

5

1

A person who, contrary to F1removal centre rules, brings or attempts to bring any alcohol into a F1removal centre, or to a detained person, is guilty of an offence.

2

A person who places alcohol anywhere outside a F1removal centre, intending that it should come into the possession of a detained person there, is guilty of an offence.

3

A detainee custody officer or any other person on the staff of a F1removal centre who, contrary to F1removal centre rules, allows alcohol to be sold or used in the centre is guilty of an offence.

4

A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

5

Alcohol” means any spirituous or fermented liquor.

Notice of penalties

7

1

In the case of a contracted out F1removal centre, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.

2

In the case of any other F1removal centre, the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.

8

1

In the case of a contracted out short-term holding facility F3or contracted out pre-departure accommodation , the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility F3or contracted out pre-departure accommodation in a conspicuous place.

2

In the case of any other short-term holding facility F4or pre-departure accommodation , the Secretary of State must cause such a notice to be fixed outside the facility F4or pre-departure accommodation in a conspicuous place.

F2Prison officers and prisoner custody officers

Annotations:
Amendments (Textual)
F2

Sch. 12 para. 9 and cross-heading added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 65(3), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

9

A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.