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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
140A Additional provisions relating to custody in approved premises
  • (1) Without limiting section 140(5), where a person to whom a warrant of commitment is addressed is the person who is in charge of premises approved under section 128(7), that person and any person acting under the authority of that person may, for the purpose of giving effect to the warrant, use such physical force as the person has reasonable grounds for believing is reasonably necessary—

    • (a) to prevent the person to whom the warrant applies (the detainee) from harming any person; or

    • (b) to prevent the detainee from damaging any property; or

    • (c) to prevent the detainee from escaping or attempting to escape from custody; or

    • (d) to recapture the detainee, if the detainee is fleeing after having escaped from custody.

    (2) A person who uses physical force for any of the purposes referred to in subsection (1)—

    • (a) may use no more physical force than is reasonably necessary in the circumstances; and

    • (b) must as soon as practicable report the relevant incident to the person in charge of the premises concerned.

    (3) Where physical force is used in respect of a detainee by a person to whom subsection (1) applies, the person in charge of the premises concerned must—

    • (a) document the force used and the circumstances surrounding the use of that force; and

    • (b) as soon as is reasonably practicable, deliver the detainee into the custody of a member of the Police for the purpose of bringing the detainee before a District Court Judge to determine the matters specified in subsection (4).

    (4) Where a detainee is delivered into the custody of a member of the Police under subsection (3),—

    • (a) a member of the Police must as soon as practicable bring the person before a District Court Judge to consider the terms of the warrant of commitment; and

    • (b) the Judge may either confirm the existing warrant of commitment or amend the warrant by altering the place of detention specified in it (and, if appropriate, the person to whom it is addressed).

    (5) The Judge may also extend the warrant (as amended, if appropriate) under section 128, where an immigration officer makes a contemporaneous application under section 128(13) for extension of the warrant.

    (6) A person who is delivered into the custody of a member of the Police under this section and is to be detained overnight must be detained in the manner provided by section 128(6).

    (7) For the avoidance of doubt, nothing in this section limits or affects any provision of the Crimes Act 1961, or any rule of law, which renders any circumstances—

    • (a) a justification or excuse for the use of force; or

    • (b) a defence to a charge involving the use of force.

    Section 140A: inserted, on 16 June 1999, by section 46 of the Immigration Amendment Act 1999 (1999 No 16).