Detainees Under Immigration Powers (1863A/23)
Request
I request the following information regarding individuals detained under immigration powers within police stations:
1) What information is provided by WMP to immigration detainees about their access to legal advice?
2) Please provide information of any published or unpublished policies, practices or guidance issued by the Home Office relating to detention under immigration powers in police cells.
Response
1) Everyone who comes into custody is made aware of their rights and entitlements (as per below link). This includes the right to free, independent legal assistance. These rights and entitlements are provided both verbally and in writing, and in either English or a language that they can understand / read. Detainees are also asked if they would like their Embassy or Consulate made aware of their arrest / detention (unless they are claiming asylum).
https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention
2) Detention (in police cells) for immigration matters, is only for as long as it takes to conduct a short investigation into whether the detainee is currently in the UK legally or not. The investigation is owned and conducted by Home Office Immigration enforcement officers not police officers. Detainees are not treated any differently when in custody for immigration matters than any other offence. They are NOT held in Police cells once the investigation is complete.
https://www.gov.uk/arrested-your-rights
https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice
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