Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
75 Suspect may be arrested pending making of deportation order
  • (1) Where a member of the Police believes on reasonable grounds that a person (in this section referred to as the suspected person) is a person to whom any of paragraphs (a) to (d) of subsection (1) of section 73 of this Act applies, the member of the Police may arrest the suspected person without warrant and place the suspected person in custody, and shall then refer the case as soon as possible to the Minister to determine whether or not to make a deportation order in respect of that person under that section.

    (2) Every person who is arrested under this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 79 of this Act for the detention of that person in custody.

    (3) If, in respect of any person who is placed in custody under this section and in respect of whom no warrant of commitment has been issued, the Minister decides not to make a deportation order, the person shall be released from custody forthwith.