163.This section introduces routine bail hearings for those people detained solely under immigration legislation, with the exception of those whose deportation has been recommended by a court. It provides that detained persons will be entitled to a routine bail hearing within nine days of their initial detention and, where they remain in detention, a further hearing between 33 and 37 days following initial detention. Subsection (4) places a duty on the Secretary of State to secure a first reference no later than the eighth day following detention. If the person remains in detention, a second reference must be made no later than the thirty-sixth day following detention (subsection (5)). A person will be entitled to routine bail hearings if he is released and, then detained again at a later date. In such circumstances there will again be two routine bail hearings (assuming the person concerned is not released at the first hearing).
164.Subsection (7) ensures that the routine bail hearing will be limited to addressing the individual’s suitability for release on bail. Subsections (10) and (11) ensure that if the Secretary of State fails to make a reference to the court, or the court fails to hear a routine bail hearing in time, arrangements will be put in place so as to ensure that the hearing will take place as soon as is reasonably practicable.
165.Subsection (12) provides that, except for those coming under the jurisdiction of the Special Immigration Appeals Commission (SIAC) under the Special Immigration Appeals Commission Act 1997 on national security grounds, the routine hearings in England, Wales and Northern Ireland will be before magistrates until such time as the Immigration Appellate Authority is dealing with an appeal. In this context the Immigration Appellate Authority will be regarded as dealing with an appeal after the relevant papers have been referred to it by the Home Office. Where the Immigration Appellate Authority is dealing with an appeal, the hearing will be before the court dealing with that appeal. Routine hearings will be held before SIAC in the case of any person whose bail application would be held before that body under current provisions. In Scotland, all routine bail hearings not held before SIAC will be before an Immigration Appellate Authority adjudicator (unless an appeal under the Immigration Acts is pending before another body, in which case that body shall hold the hearing).
166.Subsection (14) provides that the Secretary of State may by regulations make provision for the court to adjourn a routine bail hearing for the purpose of obtaining a medical or other report or for any other reason. Subsection (15) provides that the regulations may, in particular, provide for the requirement to make a second reference not to apply in certain prescribed circumstances.
Schedule 1: Detention and sale of transporters Part III: Bail Section 44: Bail hearings for detained persons