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Detention General instructions - GOV.UK

Page 1 of 64 Published for Home Office staff on 14 January 2022 Detention : General instructions Version . Page 2 of 64 Published for Home Office staff on 14 January 2022 Contents Contents .. 2 About this guidance .. 5 Contacts .. 5 Publication .. 5 Changes from last version of this guidance .. 5 Policy .. 6 General .. 6 Foreign National Offender Returns Command cases .. 6 Deportation criteria .. 7 Use of Detention .. 7 General .. 7 Foreign National Offender Returns Command cases .. 7 Implied Limitations on the Statutory Powers to Detain .. 8 Article 5 of the European Convention on Human Rights (ECHR) and domestic case law .. 8 Article 8 of the ECHR .. 9 Power to detain .. 11 Decisions to detain .. 13 Decision to detain excluding criminal case work cases .. 13 Decision to detain Foreign National Offender Returns Command cases .. 13 More serious offences.

Immigration and Asylum Chamber, or it is considered that Secretary of State immigration bail is appropriate because there are relevant factors which mean further detention would be unlawful (see Further guidance on deciding to detain in Foreign …

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