Facts & Figures

Bail is a legal procedure available to any person who has been detained by the UK Border Agency in a removal centre for seven days or more.

It is an application to a court for release, usually under certain conditions.   When a detainee makes an application for bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained.  The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer.  Many detainees who can’t find a lawyer have to represent themselves in bail hearings.  If bail is refused, the detainee has the right to apply for bail again after 28 days unless their circumstances have changed, in which case they can apply sooner.

If bail is granted there will normally be certain conditions attached.  For example, the individual and their sureties (if they have any) may have to offer an amount of money considered proportionate to their financial means, an amount that would be surrendered if the detainee absconded.   The Immigration Judge will require certain requirements to be observed on release: for example the detainee would have to live at a specified address, and report to an UK Border Agency office or a police station at regular intervals.  Electronic monitoring may also be a requirement.   For more information see the BID handbook `How to Get out of Detention’ [1] and the BID/ILPA publication ‘Challenging Immigration Detention: Best Practice Guide’’.[2].

Footnotes

[1] Available at http://www.biduk.org/pdf/bail_notebook/Notebook%20edited%20_Jan%2008_.pdf

[2] Available at http://www.biduk.org/pdf/Best%20Practice%20Guide/bpg_challenging_detention.pdf