Member

A decision about whether a Section 31 defence applies must not be made without discussing and agreeing the decision with a supervising officer at chief immigration officer level or above. All details of the subsequent assessment and decision-making process must be recorded on the case management system. When referring a case to the CPS or devolved equivalent in the event that a prosecution is deemed to be appropriate, the investigators must pass on all relevant information about the suspect’s personal status and circumstance, including age and any physical or mental health conditions, as well as their status in the UK. The CPS must be updated on any progress in the asylum process.