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326: Process for High Court to consider application
or “How the High Court reviews and decides on applications”
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“What immigration and police officers must do when detaining you”

When an immigration officer detains you under section 312, they must tell you why you’re being detained, unless it’s not possible at the time. They need to show you their warrant and let you know that you can contact a lawyer or a responsible adult if that’s appropriate. They also have to tell you how long you can be detained for.

If a police officer arrests and detains you without a warrant under section 313, they need to tell you why you’re being arrested and that it’s not about a criminal matter. This should be done when you’re arrested, unless it’s not possible at the time. If the police officer isn’t wearing a uniform, they must show you their badge or something else that proves they’re a police officer. They also need to tell you that you can contact a lawyer or a responsible adult if that’s appropriate, and let you know how long you can be detained for.

Immigration officers and police officers won’t get in trouble or be sued if they arrest or detain you when they have good reasons to believe they should do so under this part of the law.

If an immigration officer or police officer doesn’t do all the things they’re supposed to do when arresting or detaining you, they can still be protected from being charged with a crime.

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Next up: 328: Additional powers relating to detention by immigration officer

or “Immigration officers' powers to use force and search detained people”
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Part 9 Detention and monitoring
Duties of detaining officers

327Duties of detaining officers

  1. It is the duty of an immigration officer when detaining any person under section 312—

  2. to inform the person at the time of the detention of the reason for the detention (unless in all the circumstances it is impracticable to do so); and
    1. to produce the officer’s warrant; and
      1. to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and
        1. to inform the person of the maximum duration of the detention.

          1. It is the duty of every constable when arresting and detaining any person without warrant under section 313—

          2. to inform the person at the time of the arrest, unless in all the circumstances it is impracticable to do so, of the reason for the arrest, and that the arrest does not relate to a criminal matter; and
            1. in the case of a constable who is not in uniform, to produce his or her badge or other evidence of being a constable; and
              1. to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and
                1. to inform the person of the maximum duration of the detention.

                  1. An immigration officer or a constable is not guilty of an offence and is not liable to any civil proceedings in respect of the arrest or detention by that officer or constable if he or she has reasonable and probable grounds for believing that the person is liable to arrest and detention under this Part.

                  2. A failure to fulfil any of the duties mentioned in subsections (1) and (2) does not of itself deprive the immigration officer or the constable, or any assistant, of protection from criminal responsibility.

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