New Clause 9 - Information: embarking passengers
Immigration, Asylum and Nationality Bill
2:45 pm
Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)
The hon. Lady is right; I did not deal with that. The power to detain a person pending examination is an administrative power for immigration purposes, and it is for a maximum of 12 hours. If the individual is subsequently arrested for an offence, the usual safeguards of the Police and Criminal Evidence Act 1984 will apply, including the right to legal representation. It is an administrative device. Before the 12 hours are up, there will be no right to legal representation and none of the other rights afforded by PACE. It is not an arrest for a criminal offence. It is detention under the administrative powers of immigration legislation. If it goes beyond 12 hours, the legal rights and powers under PACE will kick in, but not before—and probably rightly so.