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Section 12 IMA modified the common law position to provide that it is for the...

Conclusion
Section 12 IMA modified the common law position to provide that it is for the Secretary of State, and not the courts, to determine what constitutes a reasonable period of detention. The previous Committee concluded that this change would result in an immigration detention system that was not consistent with Article 5 ECHR.135
Government Response

A response document is linked to this report, dated 12 September 2025. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.2 yr
Report published 20 Jun 2025