You don’t have to answer any questions
You can leave at any time if not under arrest. You can ask if you are being detained. If the answer is no, you can leave.
You do not have to let them into your house or business. See bellow for powers of entry of officers.
IE officers must have reasonable suspicion for questioning you that does not breach the equality act 2010 (i.e. they can not question you because you’re not white or you have an accent). You can ask them, for example you can say: what is your reasonable suspicion for questioning me/ wanting to enter my house?
IE officers must identify themselves. You can ask for their officer ID.
Powers of entry:
Let In, by informed consent – the most common method. Informed should mean that the people saying yes know they can say no! Even if you have initially let them in you can ask them to leave.
Licensed – somewhere that sells alcohol or late night takeaways
Assistant (directors letter) – someone at the top of the company has signed paperwork saying they have a right to be there, they should show you the paperwork
Warrant they have a warrant to search the premises, ask to see it, take a photo, check the details
If you are detained:
- You have the right to free legal advice upon arrival to detention (either duty solicitor or your own solicitor)
- You can make one free phone call upon arrival to detention. You can use it to call a family member to let them know where you are and so they can start getting help for you. You can let them know to get in touch with Bristol Anriraids or with other groups that support people in detention, for example Bail for immigration detainees 02074569750 or Solidarity Detainee Support 07438407570. If you have no one to call you can directly call these numbers yourself from detention
- The law sets out that you have to see a doctor within 24h of entering a detention centre. Ask to see a doctor if you are not taken to see one. Tell them if detention is harming your body or mind, or about torture/trafficking. Doctors can write a report if you are at risk or have evidence of torture. If this is the case Home Office must review your detention. See below who shouldn’t be in detention, strong medical evidence is usually really useful to make a case for your release.
Rights in detention
Legal advice: – Detained Duty Advice Scheme free appointment with a legal aid solicitor – need to be persistent – Contact your own lawyer.
Communication: – Free phone call on arrival, basic mobile phones. – Computers + internet – time-limited access, some websites blocked
Healthcare and safeguarding: Access to a healthcare team which has the duty to report any significal impact of detention you your physical and mental health.
Visitors’ groups: Emotional support, info, and contact with the outside world. Visitor groups have specialist knowledge of each detention centre processes.
Chaplain / faith support: Spiritual and emotional support for people of any or no faith.
Welfare staff: Help with practical problems: family contact, money, phone credit, appointments & info.
You can read the full Detention Centre Rules here https://www.legislation.gov.uk/uksi/2001/238/contents/made?view=plain
Who shouldn’t be detained?
The Home Office says someone should be treated as “at risk” if detention could seriously harm them.
Examples include people who are:
- Experiencing mental ill health or serious learning difficulties
- Victims of torture, sexual or gender-based violence, or trafficking/modern slavery
- Living with PTSD, serious physical illness, or disability
- Pregnant, aged 70+, or trans
Being in one of these groups it does not guarantee protection against detention but having evidence of these means you are more likely to successfully make a case for your release.
If you are at risk of detention we advise you to read this page of the right to remain toolkit so you can start to do some safety planning.