Paragraph 2 C1

Where a recommendation for deportation made by a court is in force in respect of any person, F1and that person is not detained in pursuance of the sentence or order of any court, he shall F2... be detained pending the making of a deportation order in pursuance of the recommendation, F3unless—

Where—

the powers that the court determining the appeal may exercise include power to F5release the person on bail without setting aside the recommendation.

A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—

Sub-paragraph (2) applies only if—

Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained F7unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.

A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable F9the decision whether to make a deportation order, or the deportation order, to be made, or the removal to be carried out.

Sub-paragraphs (1) to (3) apply regardless of whether there is anything that for the time being prevents F10the decision or the deportation order from being made or the removal from being carried out.

Sub-paragraphs (3A) and (3B) are subject to sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that F11the decision or the deportation order will be made or the removal will be carried out within a reasonable period of time.

The person may be detained under that sub-paragraph for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.

In relation to detention under sub-paragraph (2) or (3) above, paragraphs F1217, 18, 18A and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule F13; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.

The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).

If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.

A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.