We remain firmly of the view that detention for immigration purposes under Article 5(1)(f) of the ECHR does not require judicial oversight. Detainees have access to judicial review and habeas corpus and this satisfies the Article 5(4) requirement that detained persons should be able to bring proceedings before a court to challenge the lawfulness of their detention.
Certain persons are normally considered suitable for detention only in exceptional circumstances. Elderly persons, pregnant women, those suffering from serious medical conditions or who are otherwise mentally ill and those where there is independent evidence to show that they have been tortured are included among those who would usually be considered unsuitable for detention.
Detaining officers will always consider on a case-by-case basis whether detention is appropriate in any particular case.