Court Representation While in Detention in the UK
Being detained by UK immigration authorities can be sudden and distressing. Whether it happens because of your immigration status, a pending deportation, or removal proceedings, detention can feel overwhelming and uncertain. Our experienced immigration solicitors act immediately to protect your rights, challenge detention, and secure your release.
Call +44 2080 162 308 or contact us online for urgent help. You do not have to face this situation alone.
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Being detained by UK immigration authorities can be sudden and distressing. Whether it happens because of your immigration status, a pending deportation, or removal proceedings, detention can feel overwhelming and uncertain. Our experienced immigration solicitors act immediately to protect your rights, challenge detention, and secure your release.
Call +44 2080 162 308 or contact us online for urgent help. You do not have to face this situation alone.
Legal Representation in Detention
When you are detained, having an immigration solicitor who understands the system is essential. Legal representation means your solicitor can contact the Home Office, prepare bail applications and appeals, and make formal legal submissions explaining why your detention should end.
These written submissions, known as representations, outline why continued detention is unjustified and often include information about your family ties, medical or mental health needs, cooperation with immigration procedures, and pending asylum or visa applications. If new circumstances arise, such as a change in health or legal status, your solicitor can make fresh representations to request your release.
Professional representation is often the difference between prolonged detention and successful release.
Your Rights in Detention
Even while detained, you retain important rights. You must be informed of the reasons for your detention and receive written notice (Form IS91R). You are entitled to legal advice and to apply for immigration bail before the First-tier Tribunal. If your detention is unlawful or disproportionate, it can be challenged in court through judicial review.
If the Home Office fails to provide written reasons for your detention within 24 hours, this may render the detention procedurally unlawful. Our solicitors intervene immediately to correct such breaches.
Taking Action While in Detention
You can still take meaningful steps to strengthen your case. Contact a solicitor as soon as possible, detention centre staff must provide you with access to duty solicitors or legal aid providers. Keep copies of all your Home Office letters, medical records, and appeal documents. Staying in regular contact with your solicitor and family ensures your case progresses smoothly.
If you have medical or mental health concerns, inform staff immediately. Under the Adults at Risk policy, supported by the Presidential Guidance Note No. 1 of 2024, medical evidence can be critical in arguing for release.
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Most detainees in the UK qualify for legal aid, which provides free legal advice and representation for detention, bail, and deportation cases. New enhanced legal aid rates for detention work took effect on 22 December 2025 under the updated Civil Legal Aid (Remuneration) Regulations, ensuring fairer funding for complex detention cases.
You can request the latest list of legal aid firms from detention staff or attend the duty advice surgeries held within immigration removal centres. Our solicitors also work closely with non-profit organisations such as Bail for Immigration Detainees (BID) and Detention Action, who provide advice, evidence gathering, and support for those held in detention.
If your case is urgent, our lawyers can contact the detention centre directly and begin acting on your behalf immediately.
Acting Quickly After Detention
The first 48 hours after detention are critical. You should contact a solicitor straight away, notify a trusted person outside detention, and begin gathering your documents—such as past asylum applications, Home Office correspondence, and any medical information.
Your solicitor can submit early representations explaining why detention is unnecessary or unlawful. Providing accurate and complete information at this stage can significantly improve your chances of release.
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There are several routes to secure release from immigration detention. The most common is through a bail application to an immigration judge at the First-tier Tribunal. The judge considers your accommodation, conduct, and ties to the UK before deciding whether to grant release.
If your detention has become unlawful, our solicitors can challenge it in the High Court through judicial review, which may also lead to compensation. The Home Office can also agree to release you directly if new information, such as a medical issue or family hardship, comes to light.
Even after release, you may have to comply with conditions such as reporting to an immigration office, living at an approved address, or electronic monitoring. Our team ensures you understand and comply with these obligations to avoid re-detention.
Bail Conditions and Accommodation
To qualify for bail, you must have a stable address. This shows the court that you have ties to the community and are not likely to abscond. You can live with family or friends, in charity-provided accommodation, or under the Community Accommodation Service – Tier 2 (CAS-2) scheme, which has replaced the former BASS system.
If you do not currently have suitable accommodation, your solicitor can help arrange housing through CAS-2 or liaise with approved support organisations to secure an address before your hearing.
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A financial supporter, also known as a surety, plays a vital role in bail applications. They agree to guarantee that you will comply with your bail conditions and may pledge a financial amount that will be forfeited if you breach them.
Sureties must be lawfully present in the UK, have a clean record, and show financial stability. The Home Office now conducts data-sharing checks with HMRC and the Police National Computer to verify supporters’ income and background.
Having a suitable surety significantly strengthens your case. Our solicitors prepare supporters before the hearing to ensure they understand their responsibilities and are ready to assist in court.
Communication in Detention
Maintaining contact with your solicitor, family, and support network is essential. Detention centres must provide access to telephones and legal correspondence. Keep copies of all letters and emails, as they may later serve as evidence of communication or help support compensation claims.
If you experience difficulty communicating, our team can contact the detention centre directly to resolve access issues quickly.
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The Border Security, Asylum and Immigration Act 2025 introduced a new accelerated appeals system for detainees in defined categories, including irregular arrivals and foreign national offenders. The Act sets a 24-week statutory target and legal duty to determine appeals for these groups.
The 24-week period begins from the date an appeal is lodged, not the date of detention. If the Home Office or Tribunal fails to determine a case within this window, lawyers may rely on the “Duty to Determine” provision to pursue a Bail-by-Default or Habeas Corpus-style challenge.
Our firm uses this framework strategically to secure faster outcomes for clients.
Regaining Your Freedom
Detention is challenging, but you are not without options. Acting quickly, understanding your rights, and working with an experienced immigration solicitor can dramatically improve your situation.
Our firm has secured the release of hundreds of detainees through bail applications, judicial reviews, and Home Office representations. We combine fast, strategic action with compassionate, client-focused advocacy.
If you or someone you care about is detained, contact us today for immediate legal help.
Call +44 2080 162 308 or contact us online to speak to one of our immigration lawyers.
