Sample Questionnaire

Below is a questionnaire used by observers for the project. Please feel free to copy, edit and use this for your own observations.

You can also download a .doc version of the questionnaire below –

BOP Questionnaire

BAIL QUESTIONNAIRE

Welcome to the questionnaire devised by the Bail Observation Project for a study of immigration bail hearings.

This questionnaire was designed to record and analyse the bail process for immigration detainees, including the manner in which Immigration Judges conducted the hearings, the application of the guidance for Immigration Judges, the role of the Home Office, the presence or absence of legal representation and technical issues such as the use of videolink and interpretation services.

We were particularly interested in recording where decision making and behaviour were inconsistent with the guidelines, especially where detainees were unrepresented. Your interests may be to focus on particular aspects of the bail process and procedures. This could mean the full questionnaire would not be required. There is no copyright on the questionnaire so you are free to use it all or in part or adapt it to your interests.

Thank you.

Section 1 – Information to be taken from court list posted in waiting area

1.1 Date of Hearing

1.2 Hearing Centre and Court Room No.

1.3 Applicant’s Name

1.4 Bail Reference

1.5 Name of Immigration Judge

1.6 Name of Home Office Presenting Officer (HOPO)

1.7 Any legal representation?

      • Yes
      • No

1.7.1 If represented, name of firm/organisation

Section 2 – General information to be taken in the court room

2.1 Scheduled time of hearing

Example: 11:00 AM

2.1.1 Actual time started

Example: 11:00 AM

2.1.2 Actual time ended

Example: 11:00 AM

2.1.3 Duration

Hr :      Min :      Sec:

2.2 Type of hearing

      • In Person
      • Video Link
      • In Absentia

2.3 Detention centre where applicant held (if known) 

2.4 Length of detention (if known)

2.5 Sex of applicant

      • Male
      • Female

2.6 Nationality

2.7 If the bail application was withdrawn at any stage please state here who requested the withdrawal and for what reason

2.8 Were you asked by a court official about your affiliations/why you wished to attend, as opposed to simply being admitted to an open court as a member of the public?

      • Yes
      • No

2.8.1 If yes, please supply a few words of explanation

2.9 Was the applicant noted as a Foreign National Offender?

      • Yes
      • No

2.9.1 If so, were reoffending risks properly considered based on NOMs data?

      • Yes
      • No
        Section 3 – Interpreters

3.1 Was there an interpreter provided in the correct language/dialect?

      • Yes
      • No
      • Not required

3.2 Was the applicant asked by the Immigration Judge if he/she could understand the interpreter provided by the court?

      • Yes
      • No

3.3 Were the applicant and their legal representation satisfied with the interpreter provided by the court?

      • Yes
      • No
      • Unknown

3.4 Was the interpreter given enough time to translate?

      • Yes
      • No

3.5 Did the interpreter translate all the proceedings to the applicant?

      • Yes
      • No
        Section 4 – Bail Summary

4.1 Was there a Bail Summary?

      • Yes
      • No

4.2 Was the Bail Summary made available to the applicant/his or her lawyer in advance of the hearing?

This should be done by noon on the day before the hearing

      • Yes
      • No
      • Unknown

4.3 Was the Bail Summary challenged for inaccuracy or false statements?

      • Yes
      • No

4.3.1 If it was challenged, then by whom?

4.4 Were the applicant or their legal representation allowed time to challenge or question the HOPO?

      • Yes
      • No

4.5 Did the Immigration Judge require the HOPO to produce evidence to support statements made in the Bail Summary?

      • Yes
      • No

4.6 Which of the following were mentioned by the HOPO?

      • Removal Imminent
      • Likelihood of absconding
      • Likelihood of reoffending
      • Danger to the British public
      • Travel documents could be produced shortly
      • Unwilling to co-operate with own removal
      • Other:

4.7 Was the applicant’s credibility raised?

      • Yes
      • No

4.7.1 If so, please give details

 

4.8 If there was no bail summary, were other forms of information used?

      • Yes
      • No

4.8.1 If so, where did they come from?

Section 5 – The Immigration Judge

5.1 – Did the Immigration Judge explain clearly to all parties present how the hearing will proceed?

      • Yes
      • No

5.2 – Did the Immigration Judge introduce all parties to the applicant?

      • Yes
      • No

5.3 – Did the Immigration Judge ensure that all parties had the same documentation to refer to?

      • Yes
      • No

5.4 – Did the Immigration Judge appear to listen to the applicant/their legal representative?

      • Yes
      • No

5.5 – Did the Immigration Judge allow the applicant/their legal representative time to present his/her case?

      • Yes
      • No

5.6 – Did the Immigration Judge guide the applicant in presenting his/her case if the applicant was not represented?

      • Yes
      • No

5.7 – Did the Immigration Judge allow the applicant to give evidence freely?

      • Yes
      • No

5.8 – Did the Immigration Judge appear to listen to the HOPO’s representations?

      • Yes
      • No

5.9 – Did the Immigration Judge ensure at regular intervals that the applicant understood what was happening?

      • Yes
      • No

5.10 – Did the Immigration Judge adjourn the hearing in order to obtain expert opinion and evidence regarding the vulnerability, safety, age, health, etc. of the applicant if this was disputed?

      • Yes
      • No

5.11 Did the Immigration Judge consider the risk of absconding and note previous compliance?

      • Yes
      • No

5.12 – Did the Immigration Judge consider the duration and proportionality of detention?

      • Yes
      • No

5.12.1 – Did the Immigration Judge note the guidance’s definition that 3 months is ‘long’ and 6 months is ‘very long’?

      • Yes
      • No

5.13 – Did the Immigration Judge comment on length of detention at all?

      • Yes
      • No
        Section 6 – Sureties

6.1 – Did the applicant have sureties?

      • Yes
      • No

6.2 – Did the Judge require there to be sureties in order for bail to be granted?

      • Yes
      • No

6.3 – Were the sureties present in the hearing?

      • All of the time
      • Part of the time
      • Kept waiting outside
      • Not able to be present

6.4 – Did the Judge treat the sureties with courtesy?

      • Yes
      • No

6.5 – Were matters explained to the sureties?

      • Yes
      • No

6.6 – Recognizance offered by sureties 

Amount in £

6.7 – Was the amount of recognizance an issue for granting bail?

      • Yes
      • No

6.8 – Were the sureties offered acceptable?

      • Yes
      • No

6.8.1 – If no, please give reasons

6.9 – Did the Immigration Judge note the 5 factors?

The five factors that must be considered: a. The reason or reasons why the person has been detained. b. The length of the detention to date and its likely future duration. c. The available alternatives to detention including any circumstances relevant to the person that makes specific alternatives suitable or unsuitable. d. The effect of detention upon the person and his/her family (see para 20 below). e. The likelihood of the person complying with conditions of bail. Refer to the Immigration Judge guidelines for more detail.

      • Yes
      • No
        Section 7 – Decision

7.1 – Was bail granted?

      • Yes
      • No

7.2 – Did the judge state in simple language and give clear reasons for granting or refusing bail?

      • Yes
      • No

7.2.1 – If so, what were the reasons?

 

7.3 – If bail was granted, what conditions were imposed by the Judge?

 

7.4 – If bail was refused, what recommendations were made, or directions issued by the Judge?

 

Section 8 – Overall Comments

8.1 – What impact did the video-link have on the conduct of the hearing, in your opinion?

 

8.2 – Was the Judge impartial or not between the applicant and the HOPO, in your view?

 

8.3 – Please add any personal comments/opinions about any particular or general aspects of the conduct of the hearing

 

 

Section 9 – Signing Off

9.1 – Volunteer’s name

9.2 – Date

9.3 – Telephone no.

9.4 – Email address

__________APPLICANT__________ “DETENTION IS KILLING ME. I’M 49 WITH A FAMILY, WHERE AM I GOING TO RUN TO?” _____________JUDGE____________ “I DON’T BELIEVE ONE WORD OF WHAT YOU SAY” __________OBSERVER____________ "JUDGE DID THE HOME OFFICE’S JOB” ____________JUDGE____________ “I SEE YOU HAVE NEVER LIVED WITH THE MOTHER AND CHILD” (CHILD BORN WHILE FATHER IN DETENTION) _____LEGAL_REPRESENTATIVE____ “THE JUDGE SIMPLY ADOPTED THIS UNSUBSTANTIATED BAIL SUMMARY ON BEHALF OF THE HOME OFFICE” ___________JUDGE____________ “IT COSTS SO MUCH TO KEEP THEM IN DETENTION I LET THEM OUT WHEN I CAN” _______OBSERVER________ “WOULD THAT ALL SUCH HEARINGS WERE AS STRAIGHTFORWARD AND FAIR”

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