Member

Long-standing case law has culminated in the Hardial Singh principles, which provide in effect that detention is lawful only where there is a realistic prospect of the person’s removal from the UK within a reasonable timescale. Section 12 of the Illegal Migration Act placed two of the Hardial Singh principles on a statutory footing, confirming in primary legislation that detention timeframes should always be reasonable. It clarifies—for everybody, I hope—what constitutes a reasonable period of time for the Secretary of State, rather than the courts, to make their judgment. This is appropriate, since the Home Office is in full possession of all the relevant facts and best placed to decide whether continued detention is reasonable in all circumstances. Section 12 also provides for detention to continue for a reasonable period while arrangements are made for a person’s release. This is particularly important when we need to make provision for foreign national offenders to be placed under electronic monitoring or to make safeguarding referrals for vulnerable people. Section 12 therefore has valuable purposes, to echo some of the points made by the noble Baroness and the noble Lord, Lord Harper.