Recommendation 26

Protection from arbitrary detention and upholding the right to liberty in the UK depends on judicial supervision. Depriving those detained under the Bill the opportunity to make a bail application to a Tribunal, or a judicial review application in the High Court, even if it is only for the first 28 days of detention, would severely restrict judicial supervision. It would prevent those who are unnecessarily or unlawfully detained from being able to secure release on bail or challenge the lawfulness of that detention. We are unconvinced that allowing for applications for habeas corpus is enough to ensure that this proposal is compatible with Article 5 ECHR, which guarantees the right to have the lawfulness of detention decided speedily by a court. Clause 12 must be amended to ensure that those subjected to immigration detention retain the ability to challenge their detention in the courts and seek bail (see Annex, Amendments 17 and 18). (Paragraph 211) Children: age assessments, and support and accommodation for unaccompanied children