37Banning orders

37 Banning orders

37 Banning orders

(1) The Secretary may, by order in writing served on any person, ban that person—

(a) from visiting detention centres generally or from visiting any specified detention centre, or

(b) from visiting detainees generally or from visiting any specified detainee or class of detainees.

(2) The centre manager for a detention centre may, by order in writing served on any person, ban that person—

(a) from visiting the detention centre, or

(b) from visiting detainees generally, or from visiting any specified detainee or class of detainees, in the detention centre.

(3) An order made under this clause is a banning order.

(4) A banning order may not be made in relation to a person except on the grounds that—

(a) the person has contravened a provision of the Act or this Regulation while visiting a detention centre or a detainee at a detention centre, or

(b) a visit by the person to a detention centre or a detainee at a detention centre might constitute a risk to the security, safety or good order of the detention centre.

(5) A banning order—

(a) must specify the grounds on which it is made, and

(b) has effect for such period (not exceeding 12 months from the day on which it is made) as is specified in the order, and

(c) must specify that the person in respect of whom the order is made may apply to the Secretary for a review of the decision to make the order.

(6) Despite any other provision of this Part, a detainee may not be visited by any person with respect to whom a banning order has effect in relation to the detention centre in which the detainee is detained.

(7) This clause does not apply to or in respect of any of the following visitors—

(a) a police officer or correctional officer while acting in his or her official capacity,

(b) an officer of an exempt body,

(c) a diplomatic or consular representative of a foreign country.