Short-term Holding Facilities

There are already time limits on detention in short-term holding facilities.

Section 147 of the Immigration and Asylum Act 1999 defines a short-term holding facility as a place where a detained person may be detained for not more than 7 days, or such other period as may be prescribed.

Subparagraph 4 of the Immigration (Places of Detention) Direction 2021 provides that detention in a residential short-term holding facility shall not continue beyond a normal maximum of 5 days unless the person concerned is to be removed from the UK within the next 2 days, in which case their detention at the short term holding facility may continue for no more than a further 2 days, up to an absolute maximum of 7 days.

Rule 6 of the Short-term Holding Facility Rules 2018 limits periods of detention in non-residential short-term holding facilities (holding rooms) to a normal maximum of 24 hours, though this is extendable beyond that point in exceptional circumstances.

The Short-term Holding Facility (Amendment) Rules 2022 amended the 2018 rules to create as a third category of short-term holding facility, known as a residential holding room. Rule 2 limits detention in a residential holding room to not more than 96 hours unless a longer period is authorised by the Secretary of State.