Legal rights
Detainees are fully aware of and understand their detention, following their arrival at the facility and on release. Detainees are supported by the facility staff to freely exercise their legal rights.
10. Detainees understand why they are detained and are informed about the progress of their case.
The following indicators describe evidence that may show this expectation being met. They do not exclude other ways of achieving it.
- Home Office staff explain to detainees, in a language they understand, the individual reasons for their detention and their status and rights, and keep them updated with progress.
11. Casework is progressed promptly and reviewed effectively to reduce the potential harmful impact of ongoing detention.
The following indicators describe evidence that may show this expectation being met. They do not exclude other ways of achieving it.
- Casework is progressed promptly and case planning ensures that detention is for the shortest period that is reasonable to reduce the potential harmful impact of ongoing detention.
- Interpreters are always available in interviews so that detainees can express themselves fully, and understand their rights and any important decisions.
- Detainees are only held for reasons that are legitimate and for purposes that are achievable within a reasonable period of time.
- Detention is reviewed regularly, taking full account of factors for and against the decision to detain, alternatives to detention, and any information/assessment of vulnerability held by the facility.
- Potential victims of trafficking are identified and referred to the National Referral Mechanism. Referrals are made with informed consent whenever possible.
12. Detainees have effective access to independent legal representation.
The following indicators describe evidence that may show this expectation being met. They do not exclude other ways of achieving it.
- Detainees are able to speedily obtain regulated and good quality independent legal advice and representation in a language they understand.
- Detainees receive information on how to complain about poor quality legal representation.
- Detainees are able to contact their legal representatives without impediment.
- Detainees are able to communicate with their legal representatives confidentially by phone, fax, letter, email and video conferencing.
- Detainees have prompt and unrestricted access to private legal visits.
- Detainees have access to up-to-date legal textbooks, their personal documentation and other reports/materials necessary to help their immigration or asylum case.
- Bail application forms and information about procedures are available.
- All information is given to detainees in a language and format they understand.