Schedules Schedule 10: Immigration bail Part 1 - Main provisions
Prior to the amendments made by this Schedule, there were a number of provisions under which a person who would otherwise have been held in immigration detention, could be released or have avoided being detained altogether. These were generally known as: temporary admission; temporary release; release on restrictions; and immigration bail. The Schedule replaces these with a new consolidated framework.
	Sub-paragraphs (1) to (3) of paragraph 1 set out the categories of persons being detained or liable to be detained who may be given immigration bail by the Secretary of State or the First-tier Tribunal. Sub-paragraph (5) provides that a person can be granted immigration bail if they are liable to immigration detention, even if they cannot currently be detained. Sub-paragraph (8) sets out the point at which immigration bail comes to an end.
	Paragraph 2 sets out the conditions which may be applied to a person on immigration bail. A person cannot be given bail without being subject to at least one of these conditions. Sub-paragraphs (2), (3), and (5) to (9) require the Secretary of State or Tribunal, when granting immigration bail to a person who is the subject of deportation proceedings, to grant immigration bail subject to an electronic monitoring condition, unless the Secretary of State considers it would be impractical or in breach of the ECHR to do so.
	Sub-paragraph (2) of paragraph 3 sets out the factors which must be taken into account when considering whether to grant immigration bail and what conditions should be imposed. Sub-paragraphs (3) and (4) set out restrictions on when the Tribunal is able to grant immigration bail to a person Sub-paragraphs (5) to (8) require the decision to give bail to be set out in a notice.
	Sub-paragraph (8) explains that the commencement of a grant of immigration bail can be conditional upon certain arrangements being in place. For example, if electronic monitoring is a condition for immigration bail, the grant of bail will not commence until the necessary equipment has been installed to allow that monitoring to take place.
	Paragraph 4 replaces section 36 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which will be repealed, in setting out the electronic monitoring condition.
	Paragraph 5 provides for the ability to insist on a financial condition being required as a condition of bail, and sets out the circumstances in which such a condition may be imposed, what the condition must specify and how monies owed can be collected, and provides that the person liable to make payment must be given an opportunity to make representations.
	Paragraph 6 sets out when a person's conditions of immigration bail may be amended or removed, or new conditions added. Conditions may only be varied by the party that granted immigration bail - unless the Tribunal, having granted bail, directs that the Secretary of State has the power to vary conditions. Notice of a decision to vary bail must be given to the person on immigration bail.
	Paragraphs 7 and 8 detail the circumstances in which an electronic monitoring condition must be imposed or removed, where a person subject to deportation action is on immigration bail.
	Paragraph 9 provides a power for the Secretary of State to provide accommodation for a person on immigration bail subject to a residence condition, where the person would otherwise not be able to support themselves at that address. There is also provision for the Secretary of State to make payments in relation to a person's travelling expenses. Both of these powers to assist a person's meeting bail conditions require there to be exceptional circumstances justifying the exercise of the power.
	Paragraph 10 empowers an immigration officer or constable to arrest a person, without a warrant, for failing to comply, or being likely to fail to comply, with a condition of immigration bail. The arrested person will be brought before the First-tier Tribunal of the Secretary of State as soon as practicable, who will decide whether the person should be detained or granted bail - and, if so, to what conditions that bail should be subject. This paragraph replaces the current powers of arrest for breaches of bail in Schedules 2 and 3 to the 1971 Act. This is separate to the arrest power immigration officers have under section 28A of the 1971 Act for the criminal offence in section 24(1) of that Act.
	Paragraph 11 requires that a reference be made to the Tribunal for it to decide whether to grant bail to certain detained persons. The Secretary of State is required to arrange such a reference once the person has been in detention for four months or, if the Tribunal has already considered whether to grant bail to the person, four months after that consideration.
	Paragraph 12 requires that Tribunal Procedure Rules make certain provisions in relation to applications for a grant of immigration bail by the Tribunal. Sub-paragraphs (2) to (4) detail the circumstances in which the Tribunal must dismiss, without a hearing, an application for immigration bail.
	Paragraph 13 allows transitional provisions to be made in order to manage the transition to immigration bail under Schedule 10.