Detention Service Regulations, 2016

L.N.

16 of 2016

IMMIGRATION ACT

(CAP. 217)

Detention Service Regulations, 2016

IN exercise of the powers conferred by article 34 of the

Immigration Act, the Minister for Home Affairs and National

Security has made the following regulations:-

PART I

Preliminary

The title of these regulations is the Detention Service

Regulations, 2016.

(1)

In these regulations, unless the context otherwise

requires -

"Act” means the Immigration Act;

"compact" means the document referred to in regulation 11;

"controlled drug" means any drug which is a controlled drug for

the purposes of the Medical and Kindred Professions Ordinance and

the Dangerous Drugs Ordinance;

"family" means the family already existing in the country of

origin, persons who declare upon initial arrival that they are

accompanied by their spouse or their minor children who can show to

have been living together prior to their arrival and such children are

unmarried and dependent, whether born in or out of wedlock, adopted

or recognised;

"Head Detention Services" means the person appointed by the

Minister for the purpose of administering all detention centres in

Malta;

"Malta" means the Island of Malta, the Island of Gozo and the

other islands of the Maltese Archipelago;

"Minister" means the Minister responsible for Immigration;

"non-governmental organization" means any organization or

association permitted by the Minister to provide advice and support to

persons in detention;

"officer in charge" means the person appointed by the Head

Detention Services to manage a detention centre;

"officer" means an officer of a detention centre and includes

members of the Armed Forces of Malta, officers of the Malta Police

Force and officers of the Detention Services;

"Principal Immigration Officer" has the same meaning assigned

to it in the Act.

(2) These regulations apply to detention centres without

prejudice to anything provided in the Act or in the Refugees Act.

PART II

Officers of Detention Centres

(1) It shall be the duty of every officer to conform to General duties

these regulations, to assist and support the officer in charge in the of officers.

maintenance of the detention centre and to obey his lawful

instructions.

(2) An officer shall inform the officer in charge and the Head

Detention Services promptly of any abuse or impropriety which

comes to his knowledge.

(3) Officers exercising detention functions shall pay special

attention to their fundamental duty to attend to the well-being of

detained persons.

(4) Officers shall notify the health care team of any concern

they have about the physical or mental health of a detainee.

(5) In managing detained persons, all officers shall seek by

their own example and leadership to enlist their willing co-operation.

(6) At all times the treatment of detained persons shall be such

as to encourage their self-respect, a sense of personal responsibility

and tolerance towards others.

No officer shall receive any unauthorised fee, gratuity or Gratuities

forbidden.

other consideration in connection with his office.

(1) No officer shall take part in any business or Transactions

with detained

pecuniary transaction with or on behalf of a detained person.

persons.

(2) No officer shall without authority bring in or take out, or

attempt to bring in or take out, to or for a detained person, or deposit

in any place with intent that it shall come into the possession of a

detained person, any article whatsoever.

An officer shall be searched in the detention centre if the

officer in charge so directs. Any such search shall be conducted in as

seemly a manner as is consistent with discovering anything

concealed.

No officer shall communicate with any person whom he

knows to be a former detained person in such a way as could

compromise that officer in the execution of his duty or the safety,

security or control of a detention centre.

(1) No officer shall make, directly or indirectly, any

unauthorised communication to a representative of the press or any

other person concerning matters which have become known to him in

the course of his duty.

(2) No officer shall, without authority, publish any matter or

make any public pronouncement relating to the administration of any

detention centre, short-term holding facility or to any detained

persons accommodated there.

Discipline of officers shall be carried out in accordance

with the disciplinary regulations governing their respective parent

organization.

PART III

Detained Persons

General

(1) The purpose of detention centres shall be to provide

for the secure but humane accommodation of detained persons in a

regime allowing as much freedom as possible, consistent with

maintaining a safe and secure environment.

(2) Due recognition will be given at detention centres to the

need for awareness of the particular anxieties to which detained

persons may be subject and the sensitivity that this will require,

especially when handling issues of cultural diversity.

Admission and Discharge

(1) Detainees shall be provided with a document (to be

known as the "compact") setting out certain rights to be enjoyed and

responsibilities to be undertaken by detained persons during their stay

at the detention centres.

(2) The compact shall in no way prejudice any other rights or

responsibilities of detained persons as set out in these regulations, any

local or international human rights instrument, or otherwise.

(3) Every detained person shall be provided, as soon as

possible after his reception into a detention centre, with a copy of the

compact together with information in writing about those provisions

in these regulations and other matters about life in the detention

centre which is necessary that he should know, including information

about the proper method of making requests and complaints at the

centre.

(4) In the case of a detained person who cannot read or

appears to have difficulty in understanding the information so

provided, the officer in charge, or an officer deputising for the officer

in charge, shall so explain it to him in order that he can understand his

rights and responsibilities.

(5) The compact shall be translated into the languages that the

Minister may establish.

(6) A copy of these regulations shall be made available to any

detained person who requires it.

(1) For purposes of identification and welfare, a Record,

personal record for each detained person shall be prepared and photograph

fingerprinting.

maintained.

(2) This record shall include such details and measurements of

external physical characteristics as the Head Detention Services may

direct, but no copy of the record shall be given to any person not

authorised by the Minister to receive it.

(3) Every detained person may be photographed on reception

and subsequently as many times as may be required by the Principal

Immigration Officer, but no copy of any photographs taken shall be

given to any person not authorised by the Principal Immigration

Officer to receive it.

(4) Any detained person may have his fingerprints taken if

specifically directed by the Principal Immigration Officer.

(1) Every detained person shall be entitled to retain all Detained

his personal property, other than cash, for his own use at the detention persons’

property.

centre save where such retention is contrary to the interests of safety

or security or is incompatible with the storage facilities provided at

the centre.

(2) Anything, other than cash, which a detained person has at a

detention centre and which he is not allowed to retain for his own use

as provided in sub-regulation (1) shall be taken into the custody of the

officer in charge.

(3) An inventory of a detained person’s property shall be kept,

and he shall be required to sign it, after having a proper opportunity to

see that it is correct.

(4) A detained person may have supplied to him and retain for

his own use books, newspapers, writing materials and other relevant

materials, except any that appears objectionable to the officer in

charge or the Head Detention Services on grounds that it is likely to

give offence to others.

(5) Any cash shall be deposited with the Principal Immigration

Officer or Head Detention Services for safekeeping and a receipt

issued, which the detained person shall be required to sign, after

having a proper opportunity to see that it is correct.

(6) A detained person shall, exceptionally and following the

authorisation to be given by the Principal Immigration Officer or

Head Detention Services, be entitled to access any cash deposited

with the Principal Immigration Officer or Head Detention Services

for safekeeping under sub-regulation (5).

(7) Any property or cash which a detained person has

deposited with, or surrendered to, the Principal Immigration Officer

or Head Detention Services in accordance with these regulations shall

be returned to the detained person upon his discharge from the

detention centre.

(8) Any article belonging to a detained person who either dies

or which remains unclaimed for a period of more than one year after

his discharge from the detention centre, shall be sold and the net

proceeds of the sale shall be used for the operating expenses of the

detention centres.

(9) The officer in charge may confiscate any unauthorised

article found in the possession of a detained person after his reception

into a detention centre, or concealed or deposited anywhere within the

centre.

(1) For reasons of security and safety, every detained

person shall be searched when taken into custody by an officer, on his

reception into a detention centre and subsequently as the officer in

charge thinks necessary, or as the Head Detention Services may

direct.

(2) A detained person shall be searched in as seemly a manner

as is consistent with discovering anything concealed.

(3) No detained person shall be stripped and searched in the

sight of another detained person, or in the sight or presence of an

officer or other person of the opposite sex.

(4) Sub-regulations (2) and (3) apply to searches by officers

acting in accordance with escort arrangements as well as to those

exercising detention functions.

(1) A detained person who is being taken to or from a Custody outside

detention centre shall be as minimally as possible exposed to public detention

centres.

observation and due care shall be taken so that such person be

protected from curiosity and insults.

(2) A detained person required to be taken in custody

anywhere outside a detention centre shall be kept in the custody of an

officer appointed to escort him or a police officer. Arrangements

while under escort may entail hand-cuffing while in transit including

escorting to the hospital or medical clinics.

(1) The Head Detention Services shall provide a Detention

detained person enquiring on his case, with an update on the progress reviews

date of claim.

of any relevant matter relating to him as follows when this is made

available.

(2) For the purposes of sub-regulation (1) "relevant manner"

means any of the following

(a)

a claim for asylum in terms of the Refugees Act;

(b) an application for, or for the variation of, leave to

enter or remain in Malta in terms of the Act;

(c)

the proposed removal or deportation of the detained

person from Malta in terms of the Act;

(d) an application to the Refugees Appeals Board in

terms of the Refugees Act;

(e)

an application to the Immigration Appeals Board in

terms of the Act;

(f)

an appeal against, or an application for judicial

review in relation to any decision taken in connection with a

matter referred to in paragraphs (a) to (e).

Subject to the provisions of regulation 11, female detained Female detained

persons shall be provided with sleeping accommodation separate persons.

from male detained persons.

(1) Detained family members shall be entitled to enjoy Families.

family life at the detention centre save to the extent necessary in the

interests of security and safety.

(2) Everything reasonably necessary for detained persons’

protection, safety and well-being shall be provided.

Welfare and Privileges

(1) All detained persons may wear clothing of their own

if and insofar as it is suitable and clean, and shall be permitted to

arrange for the supply of sufficient clean clothing to them from

outside the detention centre.

(2) Where necessary, all detained persons shall be provided

with clothing adequate for warmth and to ensure the detained

persons’ health in accordance with arrangements approved by the

Minister.

(3) Where required, non-governmental organizations shall be

permitted to distribute clothing to all detained persons in accordance

with arrangements approved by the Head Detention Services.

(4) Facilities for the washing and drying of items of clothing

shall be provided.

(1) Subject to any directions of the Head Detention

Services, no detained person shall be allowed, except as authorised by

the medical practitioner, to have any food other than that ordinarily

provided.

(2) No detained person shall be given less food than is

ordinarily provided, except with his written consent and upon the

written recommendation of the medical practitioner.

(3) The food provided shall

(a)

be wholesome, nutritious, well prepared and served,

reasonably varied, sufficient in quantity; and

(b) in so far as possible, meet all religious, dietary,

cultural and medical needs.

(4) The officer in charge of a centre shall, at regular intervals,

inspect the food and shall report any deficiency or defect to the Head

Detention Services.

(5) For the purpose of this regulation, any reference to food

shall also be deemed to include drinks.

No detained person shall be allowed to have any

intoxicating liquor.

(1) In every detention centre sufficient accommodation Certification of

shall be provided for all detained persons, as the Minister may direct: accommodation.

Provided that accommodation must have adequate

lighting, heating, ventilation and fittings adequate for health.

(2) No room shall be used for the purpose of

(a)

removal from association under regulation 44;

(b)

temporary confinement under regulation 46; or

(c)

application of special control or restraint under

regulation 47 unless the Head Detention Services has certified

that its lighting, heating, ventilation and fittings are adequate for

health and that it allows the detained person to communicate at

any time with an officer.

(1) Every detained person shall have proper regard for Hygiene.

personal hygiene in their own interests and the interests of others.

(2) Every detained person shall be provided with toilet articles

necessary for his health and cleanliness, which shall be replaced as

necessary.

(3) Separate male and female facilities shall be provided for

every detained person to have a bath or shower on a regular basis.

(4) Facilities shall be provided to male detained persons to

permit daily shaving.

(5) Facilities shall be provided to allow detained persons to

have their hair cut on a regular basis.

(6) No detained person shall be required to have his or her hair

cut without consent.

(1) All detained persons shall be provided with an Regime and

opportunity to participate in activities to meet, as far as possible, their paid activity.

recreational needs.

(2) Wherever reasonably possible the development of skills

and of services to the detention centre and to the community should

be encouraged.

(3) Detained persons shall be entitled to undertake paid

activities in so far as the opportunity to do so is provided by the Head

Detention Service.

(4) Detained persons undertaking activities under sub-

regulation (3) shall be paid at rates approved by the Minister, either

generally or in relation to particular cases.

(5) Every detained person able to take part in educational

activities provided at a detention centre shall be encouraged to do so.

(6) Programmes of educational classes may be provided at

every detention centre.

(7) Arrangements shall be made for each detained person to

have the opportunity of taking part in physical education or

recreation, which shall consist of both sports and health-related

activities.

(8) A library shall be provided in every detention centre,

which shall meet a range of cultural, ethnic and linguistic needs and,

subject to any direction of the Minister in any particular case, every

detained person shall be allowed access to it at reasonable times.

(1) Subject to sub-regulation (2), a detained person shall

be given the opportunity to spend at least one hour in the open air

every day.

(2) Time in the open air may be refused in exceptional

circumstances where necessary in the interests of safety or security.

(1) At every detention centre all detained persons shall

have access to a system of privileges approved by the Minister, which

shall include arrangements under which they may spend their money

within the detention centre.

(2) Systems of privileges approved under sub-regulation (1)

may include arrangements under which privileges may be granted to

detained persons only in so far as they have met, and for so long as

they continue to meet, specified standards of behaviour whether

under the compact, these regulations or otherwise.

(3) Systems of privileges which include arrangements of the

kind referred to in sub-regulation (2) shall include procedures to be

followed in determining whether or not any of the privileges

concerned shall be granted to a detained person and such procedures

shall include a requirement that the detained person be given reasons

for any decision adverse to him.

(4) This regulation shall be without prejudice to any other

provision of these regulations which provides that a privilege may be

forfeited or otherwise lost or a detained person deprived of

association with other detained persons.

Religion

The practice of religion in detention centres shall take Diversity of

account of the diverse cultural and religious background of detained religion.

persons.

If a detained person wishes to declare himself to belong to Religious

a particular religion, the officer in charge shall upon that person’s denomination.

reception at the detention centre record the religion to which the

detained person wishes to belong.

Religious organizations may request access to detention Authority for

centres to the Head Detention Service who may grant such access on ministers

religion to gain

a case by case basis in consultation with the Principal Immigration access

detention

Officer.

centres.

Communications

In accordance with regulations 31, 32 and 52, detained Outside

persons shall be entitled to visits from, or communications with, contacts.

authorised persons and representatives of non-governmental

organizations, save to the extent necessary in the interests of security

or safety.

(1) Every detained person may send and receive as Correspondence

many letters as he wishes.

(2) A detained person shall on request be provided with any

writing materials necessary for the purposes of sending letters

pursuant to sub-regulation (1).

(3) No letter or other communication to or from a detained

person may be opened, read or stopped save where the officer in

charge has reasonable cause to believe that its contents may endanger

the security of the detention centre or the safety of others or are

otherwise of a criminal nature or where it is not possible to determine

the addressee or sender without opening the correspondence.

(4) Detained persons will be given the opportunity of being

present when any correspondence is opened or read and shall be given

reasons in advance if any correspondence is to be opened, read or

stopped under sub-regulation (3).

(5) The Head Detention Service shall bear the postage expense

of any letter to the European Court of Human Rights, the European

Court of Justice, the Courts of Malta, the Refugee Appeals Board, the

Immigration Appeals Board or an adjudicator or any court entitled to

hear an appeal against a decision of those bodies.

(1)

In the interests of security and safety, every visit to a Visits.

detained person shall take place in accordance with the directions of

the officer in charge or as the Head Detention Services may direct.

(2) No person visiting a detained person at a detention centre

shall be permitted to take a photograph whilst there without the

permission of the Head Detention Services.

A police officer, immigration officer or any other

government official may interview any detained person who has

made a request to such effect or who has been convened to sit for an

interview.

The legal adviser or representative of any detained person

in any legal proceedings shall be afforded reasonable facilities for

interviewing him in confidence, save that any such interview may be

in the sight of an officer.

(1) All detained persons shall have access to public

telephones at the detention centres.

(2) The Head Detention Services may bear the expense of any

telephone calls, within reasonable limits, by providing phone cards to

all detained persons.

(1) Any money or other article, other than a letter or

other communication, sent to a detained person through the post shall

be dealt with in accordance with the provisions of this regulation, and

the detained person shall be informed of the manner in which it is

dealt with.

(2) Any monies shall, at the discretion of the officer in charge,

be -

(a)

dealt with in accordance with regulation 13(5) or

(6); or

(b)

returned to the sender if known.

(3) Any other article to which this regulation applies shall, at

the discretion of the officer in charge, be -

(a)

delivered to the detained person; or

(b)

returned to the sender if known.

Health Care

(1) Every detention centre shall have reasonable access

to a medical officer.

(2) Each medical officer shall pay special attention to the need

to recognise medical conditions which might be found among a

diverse population and the cultural sensitivity appropriate when

performing his duties.

(3) Every request by a detained person to see the medical

officer shall be recorded by the officer to whom it is made and

forthwith passed to the medical officer or nursing staff responsible for

the detention centre.

(4) The medical officer shall ensure that all medical records

relating to a detained person are forwarded as appropriate following

his transfer to another detention centre. Immediately prior to

discharge from the detention centre the department responsible for

health shall inform the Principal Immigration Officer about the

detained person’s medical clearance.

Every detained person shall be given a medical Medical

examination by the medical officer or another registered medical examination

upon admission

practitioner as soon as possible after his admission to the detention and thereafter.

centre.

(1) The medical officer shall report to the officer in Special illnesses

charge on the case of any detained person whose health is likely to be and

including

injuriously affected by continued detention or any conditions of maltreatment

claims.

detention.

(2) The medical officer shall report to the officer in charge on

the case of any detained person he suspects of having suicidal

intentions, and the detained person shall be placed under special

observation at a mental health facility for so long as those suspicions

remain, and a record of his treatment and condition shall be kept

throughout that time in a manner to be determined by the Head

Detention Services.

(3) The medical officer shall report to the officer in charge on

the case of any detained person who he is concerned may have been

the victim of maltreatment.

(4) The Head Detention Services shall render a monthly report

to the Minister on any incidents arising from sub-regulations (1), (2)

or (3)

Provided that where any incident arising under sub-

regulations (1), (2) or (3) is of such a serious nature as to require an

immediate report, this shall be sent to the Minister without delay.

(5) The medical officer shall pay special attention to any

detained person whose mental condition appears to require it, and

make any special arrangements including counselling arrangements

which appear necessary for his supervision or care.

(1) If a detained person dies, becomes seriously ill,

sustains any severe injury or is removed to hospital on account of

mental disorder, the officer in charge shall inform the Principal

Immigration Officer who shall inform the Minister without delay and

shall at once inform

(a)

the detained person’s spouse or next of kin if the

detained person knows their contact details; and

(b) any other person who the detained person may

reasonably have asked should be informed.

(2) In any case in which the Head Detention Services is under

a duty to inform the detained person’s spouse or next of kin under

sub-regulation (1), this shall be done in person by the appropriate

officer wherever it is reasonably practical to do so.

(3) Without prejudice to sub-regulation (1), if a detained

person dies, the officer in charge shall give notice immediately to the

police.

(1) This regulation applies where an officer, acting

under an authorisation given by the officer in charge, requires a

detained person to submit to a medical examination for the purposes

of determining whether he is suffering from a disease.

(2) A detained person who has been required to submit to a

medical examination shall, so far as is reasonably practicable, be

asked to consent to the examination and be informed by the

examining medical practitioner of the nature of the disease from

which there are reasonable grounds to believe he is suffering.

Requests and Complaints

(1) A request or complaint to the Head Detention

Services, the officer in charge, Principal Immigration Officer or the

Minister relating to a detained persons’ detention shall be made orally

or in writing by the detained person, or his legal representative, in

accordance with such procedures as may be approved by the Head

Detention Services.

(2) The officer in charge shall hear any requests and

complaints that are made to him under sub-regulation (1).

(3) Any written request or complaint made under sub-

regulation (1) may be made in confidence and, if the detained person

so wishes, shall be sealed in an envelope with the addressee clearly

indicated.

PART IV

Maintenance of Security and Safety

(1) Security shall be maintained, but with no more General security

restriction than is required for safe custody and a well ordered and safety.

community life. Daily roll-calls shall be held to establish the presence

of individuals in the detention centre.

(2) A detained person shall not behave in any way which

might endanger the health or personal safety of others.

(3) A detained person shall not behave in any way which is

inconsistent with his responsibilities under the compact established in

regulation 11(1).

(4) A detained person shall not be employed in any

disciplinary capacity.

(1) Where it appears necessary in the interests of Removal from

security or safety that a detained person should not associate with association.

other detained persons, either generally or for particular purposes, the

officer in charge may, after consultation with the Head Detention

Services, arrange for the detained person’s removal from association

accordingly.

(2) A detained person shall not be removed under this

regulation for a period of more than twenty-four hours without the

authority of the Head Detention Services.

(3) An authority under sub-regulation (2) shall be for a period

not exceeding six days.

(4) Notice of removal from association under this regulation

shall be given without delay to the medical officer.

(5) If in any case the medical officer so advises on medical

grounds, the officer in charge may arrange at his discretion for such a

detained person as aforesaid to resume association with other

detained persons.

(6) Particulars of every case of removal from association shall

be recorded by the officer in charge in a manner to be directed by the

Head Detention Services.

(1) An officer dealing with a detained person shall not

use force unnecessarily and, when the application of force to a

detained person is necessary, no more force than is necessary shall be

used.

(2) No officer shall act deliberately in a manner calculated to

provoke a detained person.

(3) Particulars of every case of use of force shall be recorded

by the officer in charge in a manner to be directed by the Head

Detention Services.

(1) The officer in charge may order a refractory or

violent detained person to be confined temporarily in special

accommodation, but a detained person shall not be so confined as a

punishment, or after he has ceased to be refractory or violent.

(2) A detained person shall not be confined in special

accommodation for longer than twenty-four hours without a direction

in writing given by the Head Detention Services.

(3) The direction shall state the grounds for the confinement

and the time during which it may continue which in all cases shall not

exceed three days.

(4) Notice of the direction shall be given without delay to the

medical practitioner.

(5) Particulars of every case of temporary confinement shall

be recorded by the officer in charge in a manner to be directed by the

Head Detention Services.

(6) The officer in charge and the medical practitioner shall

visit all detained persons in temporary confinement on a regular basis

for as long as they remain so confined.

(1) The officer in charge may order a detained person to

be put under special control or restraint where this is necessary on

grounds of security, to prevent the detained person from injuring

himself or others, damaging property or creating a disturbance.

(2) Notice of such an order shall be given without delay to the

medical practitioner.

(3) On receipt of the notice the medical officer shall inform

the officer in charge whether there are any medical reasons why the

detained person should not be put under special control or restraint

and the officer in charge shall give effect to any recommendation

which the medical officer may make.

(4) A detained person shall not be kept under special control

or restraint longer than necessary, nor shall he be so kept for longer

than twenty-four hours without a direction in writing given by the

Head Detention Services.

(5) A direction given under sub-regulation (4) shall state the

grounds for the special control or restraint and the time during which

it may continue.

(6) Particulars of every case of special control or restraint shall

be recorded by the officer in charge in a manner to be directed by the

Head Detention Services.

(7) The officer in charge and the medical officer shall visit any

detained person placed under special control and restraint at

reasonable intervals during every twenty-four hour period for so long

as the special control or restraint continues to be applied.

(8) Saving the other provisions of this regulation, no detained

person shall be put under special control or restraint otherwise than

for safe custody, to give effect to directions lawfully given for his

removal from Malta, or on medical grounds by direction of the

medical officer.

(9) No detained person shall be put under special control or

restraint as a punishment.

(10) Any means of special control or restraint shall be of a

pattern authorised by the Head Detention Services and shall be used

in such manner and under such conditions as the Head Detention

Services may direct.

(1) This regulation applies when an officer, acting under Compulsory

an authorisation given by the Head Detention Services, requires a testing

controlled drugs

detained person to provide a sample for the purpose of ascertaining and alcohol.

whether he has a controlled drug or alcohol in his body.

(2) In this regulation, "sample" means a sample of urine or

breath or any other description of sample specified in the

authorisation.

(3) The officer shall not require a sample to be taken unless

there are reasonable grounds for believing that the detained person

has a controlled drug or alcohol in his body.

(4) When requiring a detained person to provide a sample, the

officer shall inform the detained person that he is being required to

provide a sample.

(5) The officer shall require the detained person to provide a

fresh sample, free from any adulteration.

(6) An officer requiring a sample shall make such

arrangements and give the detained person such instructions for its

provision as may be reasonably necessary in order to prevent or

detect its adulteration or falsification.

(7) A detained person who is required to provide a sample may

be kept apart from other detained persons for a period not exceeding

one hour to enable arrangements to be made for the provision of the

sample.

(8) A detained person who is unable to provide a sample of

urine when required to do so may be kept apart from other detained

persons until he has provided the required sample, save that the

detained person may not be kept apart under this sub-regulation for

more than five hours.

(9) A detained person required to provide a sample of urine

shall be afforded such degree of privacy for the purposes of providing

the sample as may be compatible with the need to prevent or detect

any adulteration or falsification of the sample and in particular a

detained person shall not be required to provide such a sample in the

sight of a person of the opposite sex.

PART V

Persons having Access to Detention Centres

(1) No person shall have access to a detention centre

unless authorised by the Head Detention Services or the Principal

Immigration Officer acting on the advice of the Minister.

(2) Representatives of international organisations and non-

governmental organisations shall have access to detained persons

after obtaining the authorisation of the Head Detention Services or

the Principal Immigration Officer acting on the advice of the

Minister.

(1) No person shall, without authority, convey into or

throw into or deposit in a detention centre, or convey or throw out of

a detention centre, or convey to a detained person, or deposit in any

place with intent that it shall come into the possession of a detained

person, any money, clothing, food, drink, tobacco, letter, paper, book,

tool or other article whatsoever.

(2) Anything so conveyed, thrown or deposited may be

confiscated by the officer in charge.

(1) Any person or vehicle entering a detention centre Control of

persons and

may be stopped, examined and searched.

vehicles.

(2) Any search of a person under sub-regulation (1) shall be

carried out in as seemly a manner as is consistent with discovering

anything concealed.

(3) The officer in charge may direct the removal from a

detention centre of any person who does not leave on being required

to do so.

No outside person shall be permitted to enter a detention Viewing of

detention

centre unless authorised to do so by the Minister.

centres.

(1) Without prejudice to any other powers to prohibit or Visitors.

restrict entry to detention centres, the Minister may, with a view to

ensuring safety and security or the prevention of crime or in the

interests of any persons, impose prohibitions on visits by a person to a

detention centre or to a detained person in a detention centre for such

periods of time as he considers necessary.

(2) Except in the most exceptional circumstances and after due

authorisation by the Principal Immigration Officer, sub-regulation (1)

shall not apply with a view to preventing any visit by a legal adviser

for the purpose of an interview under regulation 34.

PART VI

Discharge of Detained Persons

On notification of the date of release by the Principal Discharge from

Immigration Officer, the Head Detention Service will inform the detention centre.

officer in charge when an individual is due for discharge and will

make arrangements for his transfer to an open accommodation centre

or other accommodation as appropriate.

The Head Detention Service may, with the authorisation of Delegation of

the Minister, delegate any of the powers and duties under these powers.

regulations to another officer of the detention service.

B

€1.71