HOC 2/2006 Law enforcement liaison with the Immigration and Nationality Directorate
This Circular provides guidance to UK law enforcement agencies (LEAs) on revised procedures for dealing with persons who are subject to immigration control and required to give evidence at criminal prosecutions in the UK, or to support the deployment of foreign covert human intelligence sources (CHIS).
This Circular provides guidance to UK law enforcement agencies (LEAs) on revised procedures for dealing with persons who are subject to immigration control and required to give evidence at criminal prosecutions in the UK, or to support the deployment of foreign covert human intelligence sources (CHIS), and all other matters where covert policing assistance is required in respect of foreign nationals. It replaces HOC 12/97.
Some of the main points that LEAs need to be aware of and consider include:
- Contact should be made by LEAs with the Immigration and Nationality Directorate (IND) in every case where they are seeking the entry of a person into the UK or whose stay in the UK they wish to extend, and all information relevant to the entry, or stay, of a person in the UK must be provided to IND.
- LEAs are liable for the appropriate application fee of the person they are sponsoring for an extension of stay in the UK.
- Prior to the consideration of any application for an extension of stay, it will be necessary for the subjects immigration status to be formally established.
- Where the person is a witness in a criminal prosecution, a letter from the Crown Prosecution Service confirming the necessity of their presence will be required.
- Final decisions concerning the granting of leave to enter or remain in the UK, or deferral of removal from the UK, will be made by IND. In appropriate cases, Ministers may be consulted.
The Circular has two annexes attached. Annex A sets out the different information that must be supplied to IND in relation to CHIS applications, Foreign Witness applications, and Witness Protection cases. Annex B contains details of the IND contact in respect of each type of application. Initial advice may be sought by any officer from an LEA. However, any formal written approach must be made at Assistant Chief Constable/Commander/Band 11 HM Revenue & Customs/Deputy Director Level in the Serious Organised Crime Agency to the IND nominee indicated in Annex B.
The Circular can be found in full at www.circulars.homeoffice.gov.uk.