DETENTION SERVICE REGULATIONS

SUBSIDIARY LEGISLATION 217.19

DETENTION SERVICE REGULATIONS

15th January, 2016

LEGAL NOTICE 16 of 2016, as amended by Legal Notices 330 of 2020

and 90 of 2026.

PART I

Preliminary

The title of these regulations is the Detention Service

Regulations.

(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 Chief

Executive Officer of the Detention Services Agency 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 prisons officers serving with the Correctional Services Agency

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 International

Protection Act.

PART II

Officers of Detention Centres

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

regulations, to assist and support the officer in charge in the

maintenance of the detention centre and to obey his lawful

instructions.

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

Executive Officer of the Detention Services Agency 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

other consideration in connection with his office.

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

transaction with or on behalf of a detained person.

(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 personal

record for each detained person shall be prepared and maintained.

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

external physical characteristics as the Chief Executive Officer of

the Detention Services Agency 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 m ay 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.

Reports and information concerning detained persons,

including medical reports and reports by authorised officers, shall be

maintained and conducted with due regard to confidentiality and on an

individual basis.

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

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

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 Chief Executive Officer of the Detention

Services Agency 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 Chief Executive Officer of the

Detention Services Agency 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

detention centre shall be as minimally as possible exposed to public

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 Chief Executive Officer of the Detention Services

Agency shall provide a detained person enquiring on his case, with

an update on the progress 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 International

Protection 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 International Protection Appeals

Tribunal in terms of the International Protection 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

persons shall be provided with sleeping accommodation separate

from male detained persons.

(1) Detained family members shall be entitled to enjoy

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 Chief Executive

Officer of the Detention Services Agency.

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

shall be provided.

(1) Subject to any directions of the Chief Executive

Officer of the Detention Services Agency, 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

Chief Executive Officer of the Detention Services Agency.

(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

shall be provided for all detained persons, as the Minister may

direct

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 Chief Executive Officer of the

Detention Services Agency 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

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

opportunity to participate in activities to meet, as far as possible,

their 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

account of the diverse cultural and religious background of

detained persons.

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

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

reception at the detention centre record the religion to which the

detained person wishes to belong.

Religious organizations may request access to detention

centres to the Head Detention Service who may grant such access

on a case by case basis in consultation with the Principal

Immigration Officer.

Communications

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

shall be entitled to visits from, or communications with, authorised

persons and representatives of non-governmental organisations, save

to the extent necessary in the interests of security or safety. The said

visits and communications shall be conducted in confidence, in

accordance with the procedures established by the Chief Executive

Officer of the Detention Services Agency, and in an area as stipulated

by him, provided that access is not rendered impossible.

(1) Every detained person may send and receive as 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 International Protection

Appeals Tribunal, 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

detained person shall take place in accordance with the directions

of the officer in charge or as the Chief Executive Officer of the

Detention Services Agency 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 Chief Executive Officer of the Detention

Services Agency.

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 Chief Executive Officer of the Detention Services

Agency may bear the expense of any telephone calls, within

reasonable limits, by providing phone cards to all detained persons.

(3) Telephone calls may be subject to the needs of ensuring the

security and good order of the facility. All telephones within the

facility may be equipped for monitoring and recording of

conversations and the Chief Executive Officer of the Detention

Services Agency may authorise the intentional hearing of the said

conversations to safeguard members of the public or the security or

safety within the facility and for the detection, prosecution or

prevention of any illegal activity.

(4) A notice shall be affixed inside the facility indicating that

telephone conversations may be monitored and, or recorded.

(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

r e la t in g to a d e t a i n e d pe r s o n a re f or w a r d e d as a pp r o p ri a te

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.

(5) The medical officer shall treat persons who require medical

treatment as applicable given the circumstances of the case and in

accordance with established medical standards and procedures.

Every detained person shall be given a medical examination

by the medical officer or another registered medical practitioner as

soon as possible after his admission to the detention centre.

(1) The medical officer shall report to the officer in charge

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

injuriously affected by continued detention or any conditions of

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

Chief Executive Officer of the Detention Services Agency.

(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 Chief Executive Officer of the Detention Services

Agency 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 Chief Executive Officer of the

Detention Services Agency 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 Chief Executive Officer

of the Detention Services Agency, 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 Chief Executive Officer of the Detention

Services Agency.

(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

restriction than is required for safe custody and a well ordered

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 security

or safety that a detained person should not associate with other

detained persons, either generally or for particular purposes, the

officer in charge may, after consultation with the Chief Executive

Officer of the Detention Services Agency, 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 Chief Executive Officer of the Detention Services

Agency.

(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 Chief Executive Officer of the Detention Services Agency.

(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 Chief

Executive Officer of the Detention Services Agency.

(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 Chief Executive Officer of the

Detention Services Agency.

(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

Chief Executive Officer of the Detention Services Agency.

(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

Chief Executive Officer of the Detention Services Agency.

(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 Chief Executive Officer of the Detention Services Agency.

(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 Chief Executive Officer of the Detention

Services Agency and shall be used in such manner and under such

conditions as the Chief Executive Officer of the Detention Services

Agency may direct.

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

an authorisation given by the Chief Executive Officer of the

Detention Services Agency, requires a detained person to provide a

sample for the purpose of ascertaining whether he has a controlled

drug or alcohol in his body.

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

b r e a t h o r a n y o t h e r d e sc r i p t i o n o f s a m p l e s p e c i f i e d i n t h e

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 othe r deta in ed p ersons for a p eriod 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 Chief Executive Officer of the Detention

Services Agency 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 Chief Executive Officer of

the Detention Services Agency 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 may

be stopped, examined and searched.

(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

centre unless authorised to do so by the Minister.

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

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

Immigration Officer, the Head Detention Service will inform the

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

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

regulations to another officer of the detention service.