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Secretary of State Bail

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Home Office Bail
The Home Office can detain people subject to immigration control on the basis of powers vested on the Secretary of State by Schedule 2 and 3 of the Immigration Act 1971 (as amended). The circumstances under which an individual may be detained are when being examined for their suitability to entry, pending removal or deportation and as the members of crew of ships or aircraft. The presumption in law is in favour of liberty as opposed to detention and any detention must be justified and considered reasonable. The UK currently operates a new Bail regime under which power to grant bail is conferred on both the Secretary of State and the First-Tier Tribunal.
Secretary of State Bail

The power to grant bail is available to the Secretary of State for the Home Department by virtue of paragraph 1 of Schedule 10 of the Immigration Act 2016, if an individual is detained under the detention powers vested with the Secretary of State or liable to be detained under any of those powers. The application for bail can be made anytime after arrival in the UK using the bail application form Bail 401.The application is normally determined by the Home Office staff on behalf of the Secretary of State and there will not be a hearing.

The successful bail application may be subject to a number of conditions and may include, but not limited to the following:

  • Reporting to an Immigration Official regularly;
  • Reporting to an Immigration Official regularly;
  • Attend an appointment or hearing;
  • Electronic monitoring by tag;
  • Restrictions on work or studies;
  • Compliance with all conditions agreed upon with the granting of bail.
The applicant’s bail guarantor may be subject to a penalty if there is any breach to the bail conditions. The Home Office also has powers to vary the bail conditions without any judicial involvement. If bail conditions are breached, applicants may get tighter conditions like more frequent reporting, face potential criminal charges, or be detained. Individuals granted bail are still liable for further detention and bail ends when granted a further leave to remain removed from or otherwise leave the UK or Secretary of State considers the person no longer liable for detention and considering deportation order against the individual.
How can we assist?
Our Immigration lawyers at City Legal can assist you in completing the Bail form and draft appropriate legal grounds to support the bail application. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions

The Bail application form Bail 401 can be downloaded from here. This form can also be obtained from the welfare officer at an Immigratio Removal Centre or is included as part of the detention paperwork pack if in prison.

There is no maximum period for detention, but in case of some detainees, the Secretary of State has a duty to make a referral for Bail to the First Tier Tribunal within 4 months of detention.
The detainee can apply to the high court for a judicial review of the Home Office’s decision to detain or maintain decision, if such a decision was unlawful. It is recommended that detainees seek appropriate legal advice before considering this.
It is possible for a prisoner to request a transfer to an Immigration Removal Centre; but the Home Office can provide a reasonable explanation and decline this request and is under no obligation to make the transfer.

Please use the form B2 to apply for change of circumstance if the bail has been issued by the First Tier tribunal. If the management of the bail has been transferred to the Home Office, then contact them instead. If the bail is granted by the Secretary of State bail, speak to an immigration officer.