Immigration Bill (HC Bill 74)

5Introductory

12 (1) This Part of this Schedule sets out the powers exercisable by
immigration officers, Scottish constables and enforcement officers
(referred to in this Part of this Schedule as “relevant officers”)
under sections 28N and 28P(3).

(2) 10In this Part of this Schedule—

• “items subject to legal privilege” has the same meaning as in
  Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see
  section 412 of that Act);

• “the ship” means the ship in relation to which the powers set
  15out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

13 (1) This paragraph applies if a relevant officer has reasonable
grounds to suspect that—

(a) an offence under section 25, 25A or 25B is being, or has
20been, committed on the ship, or

(b) the ship is otherwise being used in connection with the
commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) 25board the ship;

(c) require the ship to be taken to a port in the United
Kingdom and detained there.

(3) The relevant officer may require the master of the ship, or any
member of its crew, to take such action as is necessary for the
30purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any
ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice
is withdrawn by the giving of a further notice in writing signed by
35a relevant officer.

Power to search and obtain information

14 (1) This paragraph applies if a relevant officer has reasonable
grounds to suspect that there is evidence on the ship (other than
items subject to legal privilege) relating—

(a) 40to an offence under section 25, 25A or 25B, or

(b) to an offence that is connected with an offence under any
of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) 5The relevant officer may require a person on the ship to give
information about himself or herself or about anything on the
ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably
10required for the purpose of discovering evidence of the
kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a
relevant officer to require the person to remove any
clothing in public other than an outer coat, jacket or gloves.

(5) 15In exercising a power conferred by sub-paragraph (2) or (3) a
relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records
relating to the ship or anything on it (but not including
20anything the relevant officer has reasonable grounds to
believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of
which the relevant officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of
25documents, books or records includes, in relation to documents,
books or records kept in electronic form, power to require the
provision of the documents, books or records in a form in which
they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the
30powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Power of arrest and seizure

15 (1) This paragraph applies if a relevant officer has reasonable
35grounds to suspect that an offence under section 25, 25A or 25B
has been, or is being, committed on the ship.

(2) The relevant officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of the
offence.

(3) 40The relevant officer may seize and detain anything found on the
ship which appears to the officer to be evidence of the offence (but
not including anything that the officer has reasonable grounds to
believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship
45or elsewhere.

Protective searches of persons

16 (1) The relevant officer may search a person found on the ship for
anything which the officer has reasonable grounds to believe the
person might use to—

(a) 5cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that
10anything of a kind mentioned in that sub-paragraph is
concealed on the person; and

(b) only to the extent that it is reasonably required for the
purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the
15officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(4) If the person is detained, nothing seized under sub-paragraph (3)
20may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not
authorise a relevant officer to require the person to remove any
clothing in public other than an outer coat, jacket or gloves, but it
does authorise the search of a person’s mouth.

(6) 25A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Search for nationality documents

17 (1) The relevant officer may require a person found on the ship to
produce a nationality document.

(2) 30The relevant officer may search a person found on the ship where
the officer has reasonable grounds to believe that a nationality
document is concealed on the person.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the officer has reasonable grounds to believe that a
35nationality document is concealed on the person; and

(b) only to the extent that it is reasonably required for the
purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality
document for as long as the officer believes the person to whom it
40relates will arrive in the United Kingdom by virtue of the exercise
of the power in paragraph 13.

(5) The power to retain a nationality document in sub-paragraph (4)
does not affect any other power of an immigration officer to retain
a document.

(6) Where the nationality document has been seized and retained by
a relevant officer who is not an immigration officer, the document
must be passed to an immigration officer as soon as is practicable
after the ship has arrived in the United Kingdom.

(7) 5The power conferred by this paragraph to search a person does
not authorise a relevant officer to—

(a) require the person to remove any clothing in public other
than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable
10grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person,
means any document which might—

(a) establish the person’s identity, nationality or citizenship,
or

(b) 15indicate the place from which the person has travelled to
the United Kingdom or to which the person is proposing
to go.

(9) A power conferred by this paragraph may be exercised on the ship
or elsewhere.

20Assistants

18 (1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this
25Schedule.

(2) A person accompanying a relevant officer under sub-paragraph
(1) may perform any of the officer’s functions under this Part of
this Schedule, but only under the officer‘s supervision.

Reasonable force

19 30A relevant officer may use reasonable force, if necessary, in the
performance of functions under this Part of this Schedule.

Evidence of authority

20 A relevant officer must produce evidence of the officer’s authority
if asked to do so.

35Protection of constables and enforcement officers

21 A relevant officer is not liable in any criminal or civil proceedings
for anything done in the purported performance of functions
under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) 40there were reasonable grounds for doing it.