People detained under UK immigration powers held in police cells from January 2021 to October 2022

Freedom of information request reference no: 01.FOI.24.034672

I note you seek access to the following information:

** New Request **
How many people detained under UK immigration legislation powers have been held in your force's police cells from 01 January 2021 until 31 October 2022?

Please disaggregate by Police Station and by length of detention, using the following lengths of detention:
a. Up to 24 hours
b. 24-48
c. 48-72
d. 72-96
e. 96 - 120
f. 120 hours plus

Of those held:
g. How many were released without restrictions?
h. How many were released on immigration bail?
i. How many were transferred to another place of detention?

I have two further questions regarding immigration detainees in police stations:

1) What information is provided by the Metropolitan Police to immigration detainees about their access to immigration as well as criminal legal advice?

2) Please provide information of any published or unpublished policies, practices or guidance issued by the Home Office relating to detention under immigration powers in police cells.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Below is an excel spreadsheet with the answers to questions a – g.

Qa - Up to 24 hours
Qb – 24 hours to 48 hours
Qc - 48 hours to 72 hours
Qd – 72 hours to 96 hours
Qe – 96 hours to 120 hours
Qf - 120 hours plus

Of those held:
Qg How many were released without restrictions?

Please note there are four separate tabs within the spreadsheet, titled cover sheet, notes, report 1 and report 2. The notes page should be read in conjunction with the data to ensure the report is interpreted correctly.

Q1 - What information is provided by the Metropolitan Police to immigration detainees about their access to immigration as well as criminal legal advice?

If it is in relation to a non-British citizen being arrested, in addition to their rights & entitlements, the Codes of Practice, Code C namely paragraph 7.1 states that A detainee who is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, has the right, upon request, to communicate at any time with the appropriate High Commission, Embassy or Consulate. That detainee must be informed as soon as practicable of this right and asked if they want to have their High Commission, Embassy or Consulate told of their whereabouts and the grounds for their detention. Such a request should be acted upon as soon as practicable.

Paragraph 7.2 goes onto say that A detainee who is a citizen of a country with which a bilateral consular convention or agreement is in force requiring notification of arrest must also be informed that subject to paragraph 7.4, notification of their arrest will be sent to the appropriate High Commission, Embassy or Consulate as soon as practicable, whether or not they request it. A list of the countries to which this requirement currently applies and contact details for the relevant High Commissions, Embassies and Consulates can be obtained from the Consular Directorate of the Foreign and Commonwealth Office (FCO) as follows:

• from the FCO web pages:
• Guidance Table of Consular conventions and mandatory notification obligations, and
• Guidance Foreign embassies in the UK
• by telephone to 020 7008 3100,
• by email to [email protected].
• by letter to the Foreign and Commonwealth Office, King Charles Street, London, SW1A 2AH.

Paragraph 7.3 also states Consular officers may, if the detainee agrees, visit one of their nationals in police detention to talk to them and, if required, to arrange for legal advice. Such visits shall take place out of the hearing of a police officer.

If it is in relation to a detainee being arrested for an Immigration offence, In addition to above mentioned Rights & Entitlements, Consular/Embassy/High Commission access, Police will also contact the UK Visas & Immigration service who will send an officer to the custody suite. The immigration officer will then conduct checks on the detainee before interviewing them. The options are then for the detainee no be No Further Actioned, released from custody & told to report to the Immigration services (issued an IS93) or removed from the United Kingdom (issued an IS91)

Q2 - Please provide information of any published or unpublished policies, practices or guidance issued by the Home Office relating to detention under immigration powers in police cells.

The MPS holds no such guidance.