E/CN.4/1999/63/Add.3
page 5
“(2) A person in respect of whom directions may be given under any of
paragraphs 8 to 14 above may be detained under the authority of an
immigration officer pending the giving of directions and pending his
removal in pursuance of any directions given.
“(3) A person on board a ship or aircraft may, under the authority of
an immigration officer, be removed from the ship or aircraft for
detention under this paragraph; but if an immigration officer so
requires the captain of a ship or aircraft shall prevent from
disembarking in the United Kingdom any person who has arrived in the
United Kingdom in the ship or aircraft and been refused leave to enter,
and the captain may for that purpose detain him in custody on board the
ship or aircraft.
“(4) The captain of a ship or aircraft, if so required by an
immigration officer, shall prevent from disembarking in the
United Kingdom or before the directions for his removal have been
fulfilled any person placed on board the ship or aircraft under
paragraph 11 or 15 above, and the captain may for that purpose detain
him in custody on board the ship or aircraft.
[“(4A) A person in a vehicle may, where he has arrived in the
United Kingdom through the tunnel system in that vehicle, under the
authority of an immigration officer, be removed from the vehicle for
detention under this paragraph.]
“17.(1) A person liable to be detained under paragraph 16 above may be
arrested without warrant by a constable or by an immigration officer.
“(2) If:
(a) a justice of the peace is by written information on oath
satisfied that there is reasonable ground for suspecting that
a person liable to be arrested under this paragraph is to be
found on any premises; or
(b) in Scotland, a sheriff, or a magistrate or justice of the
peace, having jurisdiction in the place where the premises are
situated is by evidence on oath so satisfied;
he may grant a warrant authorizing any constable ... to enter, if need
be by force, the premises named in the warrant for the purpose of
searching for and arresting that person.
“18.(1) Persons may be detained under paragraph 16 above in such places
as the Secretary of State may direct (when not detained in accordance
with paragraph 16 on board a ship or aircraft).”
B.
Immigration Service Instructions (non-statutory)
10.
In addition, Immigration Service Instructions are issued to staff in
relation to such detentions. These instructions are dated 3 December 1991 and
20 December 1994. Though these instructions are non-statutory in nature, they
provide guidelines to officers in the course of the discharge of their duties.
The policy statement in the guidelines grants temporary admission/relief