Release and transfer from custody

Pre-release or transfer arrangements reflect all risks identified during the detainee’s stay in custody. Detainees are offered and provided with advice, information and onward referral to other agencies as necessary to support their safety and well-being on release. Detainees appear promptly at court in person or by video.

Pre-release or transfer arrangements

4.1 Arrangements are in place for ensuring detainees are released or transferred safely.

Indicators

  • Good quality pre-release risk assessments are completed with the detainee: they are documented and identify any risks and vulnerability throughout the detainee’s period of detention. Action is taken to reduce any risks and welfare concerns prior to release, and particular attention is given to safely managing the release of vulnerable detainees.
  • Appropriate relevant information about risk, vulnerability or safeguarding is communicated to relevant agencies and support organisations.
  • There is up-to-date information, including contact details for support organisations, and this is provided to detainees in a format and language they can easily understand.
  • When a detainee is to be released under investigation, this is fully explained to them.
  • Where a detainee is to be bailed, they are transferred to a police station at the earliest opportunity.
  • Detainees who are transferred to and from police stations for charging purposes are dealt with expeditiously.
  • There are effective arrangements with Home Office immigration enforcement to ensure that the transfer of detainees to immigration detention is expeditious. Detainees are not transferred to immigration detention without proper authorisation.
  • For detainees transferring to other agencies, person escort records (PERs) are completed clearly and accurately with all relevant detail, especially any issues relating to risk or self-harm, and are shared with the relevant agencies.
  • Detainees who are being transferred to and from custody facilities are escorted safely and with consideration to their individual needs.

Courts

4.2 Detainees who are required to appear in court do so promptly either in person or via video link.

Indicators

  • Detainees required to appear in court either in person or via video link do so in a timely manner and are not held in Border Force custody for longer than is necessary.
  • Detainees appearing at court in person and via video link are suitably dressed.

Human rights standards
In relation to expectations 4.1 and 4.2: Human rights standards require consideration be given to a detainee’s need for assistance on release, including health needs. In addition, detainees’ right to a fair trial must be protected and nothing done that might interfere with due process. Detention should be for the shortest possible duration. See ECHR 2, 3, 6, 8; ICCPR 9, 10(1), 14; ICESCR 12; CCLEO 2, 6; BOP 1, 6, 13, 36, 37, 38, 39; PPMI 1, 2, 20; PME 1. In relation to children specifically see CRC 3, 37(d); HR 17.