Commentary on Sections Schedule 1: Enforcement Powers Section 5: Restrictions on detention of unaccompanied children
55.Subsections (1), (2) and (3) amend Schedule 2 to the 1971 Act to restrict the detention of an unaccompanied child under Schedule 2.
56.Subsection (4) inserts a new paragraph 18B after paragraph 18A of Schedule 2 to the 1971 Act to define the circumstances when detention may occur. Paragraph 18B sub-paragraph (1) restricts an unaccompanied child’s detention under paragraph 16(2) to a short-term holding facility, except where the child is being transferred to or from a short-term holding facility, or paragraph 18(3) applies, which is when a child is held while being taken to and from a place where their attendance is required for the purposes of the operation of the 1971 Act. This may include, for example, an Embassy or High Commission, to ascertain their nationality or admissibility to a country other than the UK. Sub-paragraph (2) restricts detention to a maximum period of 24 hours and only for so long as the conditions in sub-paragraphs (3) and (4) are met. Sub-paragraphs (5) and (6) limit the circumstances under which an unaccompanied child detained under paragraph 16(2) may be detained again, either following their removal from a short-term holding facility and their detention elsewhere or following their release from detention under paragraph 16(2). Sub-paragraph (7) defines the meaning of “relevant 24 hour period,” “short-term holding facility” and “unaccompanied child” used in this section.