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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
140 Special provisions relating to custody
  • (1) Every person to whom a warrant of commitment is addressed under this Act is justified in detaining in accordance with the terms of the warrant any person whom the addressee of the warrant believes on reasonable grounds to be the person named in the warrant, whether or not there is any defect in the issuing of the warrant.

    (2) Where—

    • (a) a person on whom a removal order has been served is in custody under Part 2; or

    • (b) [Repealed]

    • (c) a person is arrested and placed in custody, or is detained pursuant to a warrant of commitment, under Part 3 or Part 4 or section 128B of this Act,—

    any member of the Police may take any particulars of the person so held in custody, including photographs, fingerprints, palm-prints, and footprints, and may use or cause to be used such reasonable force as may be necessary to secure those particulars.

    (3) All particulars taken under this section shall be destroyed—

    • (a) where, in relation to a person upon whom a removal order has been served, the removal order is subsequently cancelled or quashed, or otherwise ceases to be in force under this Act:

    • (b) where, in relation to a person detained under section 128B of this Act, that section ceases to apply to the person other than in the circumstances specified in subsection (5)(b) of that section:

    • (c) where, in relation to a person arrested and placed in custody, or detained pursuant to a warrant of commitment, under Part 3 or Part 4 of this Act—

      • (i) the Minister decides not to make a deportation order, or fails to make a deportation order within 14 days of the date of the arrest; or

      • (ii) any deportation order made is subsequently cancelled or quashed under this Act.

    (4) Where any person (in this subsection referred to as the detainee) is held in custody under this Act (whether pursuant to a warrant of commitment or otherwise), the person responsible for the detainee's custody shall inform the detainee of the detainee's right to contact a solicitor or counsel or any responsible adult nominated by or in respect of the detainee under section 141B (or, where the detainee is under 17 years of age, a parent or guardian of the detainee), and shall, on request by the detainee, any solicitor or counsel acting for the detainee, or, where appropriate, any responsible adult, parent, or guardian, take all such reasonable steps as may be practicable to enable the solicitor or counsel, or the responsible adult, parent or guardian, to visit the detainee and communicate with the detainee in private.

    (4A) Where a person is detained under this Act in a prison, that person must be treated, in accordance with the Corrections Act 2004 and any regulations made under that Act, regulating the treatment of prisoners detained in prisons under this Act.

    (5) A person to whom a warrant of commitment is addressed may take such reasonable measures as are necessary to give effect to the warrant.

    Section 140(2)(a): substituted, on 18 November 1991, by section 43(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 140(2)(a): substituted, on 1 October 1999, by section 45(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 140(2)(b): repealed, on 18 November 1991, by section 43(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 140(2)(c): amended, on 18 November 1991, by section 43(2) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 140(3)(a): substituted, on 18 November 1991, by section 43(3) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 140(3)(b): substituted, on 18 November 1991, by section 43(3) of the Immigration Amendment Act 1991 (1991 No 113).

    Section 140(4): amended, on 1 October 1999, by section 45(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 140(4A): inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50)..

    Section 140(5): inserted, on 16 June 1999, by section 45(3) of the Immigration Amendment Act 1999 (1999 No 16).