Immigration Bill (HC Bill 74)

(b) in Scotland or Northern Ireland, to imprisonment for a term not
exceeding 6 months, to a fine not exceeding level 5 on the
standard scale or to both.

(3) In relation to an offence committed before section 281(5) of the Criminal
5Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51
weeks is to be read as a reference to 6 months.

(4) In this section “motor vehicle” and “road”—

(a) in relation to England and Wales and Scotland, have the same
meanings as in the Road Traffic Act 1988;

(b) 10in relation to Northern Ireland, have the same meanings as in
the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994SI 1995/2994
(NI 18)).

(5) For the purposes of this section a person is not lawfully resident in the
United Kingdom if the person requires leave to enter or remain in the
15United Kingdom but does not have it.

24D Detention of motor vehicles

(1) If a person (“P”) has been arrested for an offence under section 24C
committed in England and Wales or Northern Ireland, a senior officer
or a constable may detain a relevant vehicle.

(2) 20Subject to regulations under subsection (7), a vehicle detained under
subsection (1) must be released—

(a) when a decision is taken not to charge P with the offence, or

(b) if P is charged with the offence—

(i) when P is acquitted, the charge against P is dismissed or
25the proceedings are discontinued, or

(ii) if P is convicted, when the court decides not to order
forfeiture of the vehicle.

(3) If a person (“P”) has been arrested for an offence under section 24C
committed in Scotland, a senior officer or a constable may detain a
30relevant vehicle.

(4) Subject to regulations under subsection (7) a vehicle detained under
subsection (3) must be released—

(a) when a decision is taken as to whether to institute criminal
proceedings against P for the offence, or

(b) 35if criminal proceedings have been instituted against P for the
offence—

(i) when P is acquitted or, under section 65 or 147 of the
Criminal Procedure (Scotland) Act 1995, discharged or
liberated or the trial diet is deserted simpliciter, or

(ii) 40if P is convicted, when the court decides not to order
forfeiture of the vehicle.

(5) For the purposes of subsection (4) criminal proceedings are instituted
against a person (“P”) at whichever is the earliest of P’s first appearance
before the sheriff on petition or the service on P of an indictment or
45complaint.

(6) A vehicle is a relevant vehicle in relation to P if the officer or constable
concerned has reasonable grounds for believing it was used in the
commission by P of an offence under section 24C.

(7) The Secretary of State may by regulations make provision about the
5release of a vehicle detained under (1) or (3).

(8) Regulations under subsection (7) may in particular make provision—

(a) for the release of a vehicle before the time mentioned in
subsection (2) or (4);

(b) about the procedure by which a person may seek to have a
10vehicle released before or after that time;

(c) about the persons to whom a vehicle may or must be released
before or after that time;

(d) prescribing conditions to be met before a vehicle may be
released before or after that time (including a condition
15requiring the payment of costs in relation to detention of the
vehicle and any application for its release);

(e) enabling a person specified in the regulations to waive
compliance with such a condition;

(f) as to the disposal of a vehicle in a case where such a condition
20is not met;

(g) as to the destination of the proceeds arising from the disposal of
a vehicle in such a case.

(9) Regulations under subsection (7)—

(a) are to be made by statutory instrument;

(b) 25may make different provision for different cases;

(c) may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(10) A statutory instrument containing regulations under subsection (7) is
subject to annulment in pursuance of a resolution of either House of
30Parliament.

(11) In this section “senior officer” means an immigration officer not below
the rank of chief immigration officer.

24E Orders following conviction of offence under section 24B

(1) If a person is convicted of an offence under section 24C, the court may
35order the forfeiture of the vehicle used in the commission of the offence.

(2) Where a person who claims to have an interest in the vehicle applies to
the court to make representations on the question of forfeiture, the
court may not make an order under this section in respect of the vehicle
unless the person has been given an opportunity to make
40representations.

(3) For the purposes of subsection (2) the persons who have an interest in
a vehicle include—

(a) a person who owns it,

(b) the person in whose name the vehicle is registered under the
45Vehicle Excise and Registration Act 1994, and

(c) a person who is in possession of it under a hire purchase
agreement (or, in the case of a detained vehicle, was in

possession of it under a hire purchase agreement immediately
before its detention).

(4) The Secretary of State may by regulations make provision about—

(a) the disposal of a vehicle forfeited under this section;

(b) 5the destination of the proceeds arising from the disposal of such
a vehicle.

(5) Regulations under subsection (4)—

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

(c) 10may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(6) A statutory instrument containing regulations under subsection (4) is
subject to annulment in pursuance of a resolution of either House of
Parliament.””

(3) 15In section 28A(3)(a) (arrest without warrant) before “25” insert “24C,”.

(4) In section 28B(5) (search and arrest by warrant: relevant offences) before “26A”
insert “24C,”.

(5) In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of
paragraph (b) substitute—

“(bb) 20for an offence under section 24C, or”.”

(6) In section 28D(4) (entry and search of premises: relevant offences) before “25”
insert “24C,”.

Bank accounts

18 Bank accounts

(1) 25Schedule 3 (bank accounts) has effect.

(2) Before the end of the period mentioned in subsection (3), the Secretary of State
must—

(a) review the operation of sections 40A to 40G of the Immigration Act
2014 (inserted by Schedule 3),

(b) 30prepare a report of the review, and

(c) lay a copy of the report before Parliament.

(3) The period referred to in subsection (2) is the period of 5 years beginning with
the day on which Schedule 3 comes fully into force.

Part 3 Enforcement

Powers of immigration officers etc

19 Powers in connection with examination, detention and removal

(1) 5Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
on entry etc) is amended as follows.

(2) In paragraph 2(1) (examination by immigration officers) at the end of
paragraph (c) insert “; and

(d) whether, if he has been given leave which is still force, his
10leave should be curtailed.””

(3) After paragraph 15 insert—

““Search of premises in connection with removal

15A (1) This paragraph applies if—

(a) an immigration officer is lawfully on any premises, and

(b) 15a person who is liable to be detained under paragraph 16(2)
is on the premises.

(2) The immigration officer may search the premises for documents
which—

(a) relate to the person, and

(b) 20may be evidence for a ground on which the person’s leave to
enter or remain in the United Kingdom may be curtailed.

(3) The power may be exercised—

(a) only if the immigration officer has reasonable grounds for
believing there are documents within sub-paragraph (2) on
25the premises, and

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

(4) An immigration officer searching premises under this paragraph
may seize any document the officer finds which the officer has
30reasonable grounds for believing is a document within sub-
paragraph (2).

(5) Sub-paragraph (6) applies where—

(a) an immigration officer is searching premises under this
paragraph, and

(b) 35any document the officer has reasonable grounds for
believing is a document within sub-paragraph (2) is stored in
any electronic form and is accessible from the premises.

(6) The immigration officer may require the document to be produced
in a form in which it can be taken away and in which it is visible and
40legible or from which it can readily be produced in a visible and
legible form.

(7) If a requirement under sub-paragraph (6) is not complied with or a
document to which that sub-paragraph applies cannot be produced
in a form of the kind mentioned in that sub-paragraph, the
immigration officer may seize the device or medium on which it is
5stored.

(8) But sub-paragraphs (4) to (7) do not apply to a document which the
immigration officer has reasonable grounds for believing is an item
subject to legal privilege.

(9) An immigration officer may retain a document seized under this
10paragraph while—

(a) the person to whom the document relates is liable to be
detained under paragraph 16(2), and

(b) the document falls within sub-paragraph (2)(b).

(10) But a document may not be retained for the purpose mentioned in
15sub-paragraph (9) if a photograph or copy would be sufficient for
that purpose.””

(4) In paragraph 25A (entry and search of premises where person arrested or
detained under Schedule 2)—

(a) after sub-paragraph (7) insert—

“(7A) 20Sub-paragraph (7B) applies where—

(a) an officer is searching premises under this paragraph,
and

(b) any document the officer has reasonable grounds for
believing is a relevant document is stored in any
25electronic form and is accessible from the premises.

(7B) The officer may require the document to be produced in a
form in which it can be taken away and in which it is visible
and legible or from which it can readily be produced in a
visible and legible form.

(7C) 30If a requirement under sub-paragraph (7B) is not complied
with or a document to which that sub-paragraph applies
cannot be produced in a form of the kind mentioned in that
sub-paragraph, the officer may seize the device or medium
on which it is stored.”,”

(b) 35in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “sub-
paragraphs (7) to (7C) do”, and

(c) in sub-paragraph (8A) for “sub-paragraph (7)” substitute “this
paragraph”.

(5) In paragraph 25B (search of person arrested under Schedule 2) after sub-
40paragraph (8) insert—

“(8A) Sub-paragraph (8B) applies where—

(a) an officer is searching a person under this paragraph, and

(b) any document the officer has reasonable grounds for
believing is a document within sub-paragraph (3)(b) is stored
45in any electronic form on a device or medium found on the
person.

(8B) The officer may require the document to be produced in a form in
which it can be taken away and in which it is visible and legible or
from which it can readily be produced in a visible and legible form.

(8C) If a requirement under sub-paragraph (8B) is not complied with or a
5document to which that sub-paragraph applies cannot be produced
in a form of the kind mentioned in that sub-paragraph, the officer
may seize the device or medium on which it is stored.

(8D) Sub-paragraphs (8B) and (8C) do not apply to a document which the
officer has reasonable grounds for believing is an item subject to
10legal privilege.””

20 Search of premises in connection with imposition of civil penalty

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may search the premises for documents which might
be of assistance in determining whether a person is liable to the imposition of
15a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act 2006
(penalty for employing illegal worker etc), or

(b) section 23 or 25 of the Immigration Act 2014 (penalty for leasing
premises to disqualified person etc).

(3) 20The power may be exercised—

(a) only if the immigration officer has reasonable grounds for believing
there are documents within subsection (2) on the premises, and

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

(4) 25An immigration officer searching premises under this section may seize any
document the officer finds which the officer has reasonable grounds for
believing is a document within subsection (2).

(5) Subsection (6) applies where—

(a) an immigration officer is searching premises under this section, and

(b) 30any document the officer has reasonable grounds for believing is a
document within subsection (2) is stored in any electronic form and is
accessible from the premises.

(6) The immigration officer may require the document to be produced in a form in
which it can be taken away and in which it is visible and legible or from which
35it can readily be produced in a visible and legible form.

(7) If a requirement under subsection (6) is not complied with or a document to
which that sub-paragraph applies cannot be produced in a form of the kind
mentioned in that sub-paragraph, the immigration officer may seize the device
or medium on which it is stored.

(8) 40But subsections (4) to (7) do not apply to a document or item which the
immigration officer has reasonable grounds for believing is an item subject to
legal privilege.

(9) An immigration officer may retain a document or item seized under this
section while the officer has reasonable grounds for believing that the
45document may be required—

(a) for the purpose of determining whether a person is liable to the
imposition of a penalty under a provision mentioned in subsection (2),

(b) for the purposes of any objection relating to the imposition of such a
penalty, or

(c) 5for the purposes of any appeal or other legal proceedings relating to the
imposition of such a penalty.

(10) But a document or item may not be retained for a purpose mentioned in
subsection (9) if a photograph or copy would be sufficient for that purpose.

(11) Section 28I of the Immigration Act 1971 (seized material: access and copying)
10applies to a document seized and retained under this section as it applies to
anything seized and retained under Part 3 of that Act.

21 Seizure and retention in relation to offences

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may seize anything which the officer finds in the
15course of exercising a function under the Immigration Acts if the officer has
reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an
offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost,
20damaged, altered or destroyed.

(3) The immigration officer may seize anything which the officer finds in the
course of exercising a function under the Immigration Acts if the officer has
reasonable grounds for believing—

(a) that it is evidence in relation to an offence, and

(b) 25that it is necessary to seize it in order to prevent the evidence being
concealed, lost, altered or destroyed.

(4) The immigration officer may require any information which is stored in any
electronic form and is accessible from the premises to be produced if the officer
has reasonable grounds for believing—

(a) 30that—

(i) it is evidence in relation to an offence, or

(ii) it has been obtained in consequence of the commission of an
offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost,
35tampered with or destroyed.

(5) The reference in subsection (4) to information which is stored in any electronic
form being produced is to such information being produced in a form—

(a) in which it can be taken away, and

(b) in which it is visible and legible or from which it can readily be
40produced in a visible and legible form.

(6) This section does not authorise an immigration officer to seize an item which
the officer has reasonable grounds for believing is an item subject to legal
privilege.

(7) Anything seized by an immigration officer under this section which relates to
45an immigration offence may be retained so long as is necessary in all the
circumstances and in particular—

(a) may be retained, except as provided for by subsection (8)—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with
an offence, and

(b) 5may be retained in order to establish its lawful owner, where there are
reasonable grounds for believing that it has been obtained in
consequence of the commission of an offence.

(8) Nothing may be retained for a purpose mentioned in subsection (7)(a) if a
photograph or copy would be sufficient for that purpose.

(9) 10Section 28I of the Immigration Act 1971 (seized material: access and copying)
applies to anything seized and retained under this section which relates to an
immigration offence as it applies to anything seized and retained by an
immigration officer under Part 3 of that Act.

(10) This section does not apply in relation to anything which may be seized by an
15immigration officer under—

(a) section 19 of the Police and Criminal Act 1984 as applied by an order
under section 23 of the Borders, Citizenship and Immigration Act 2009,
or

(b) Article 21 of the Police and Criminal Evidence (Northern Ireland)
20Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12) as applied by that section.

(11) In this section and section 22 “immigration offence” means an offence which
relates to an immigration or nationality matter.

22 Duty to pass on items seized under section 21

(1) This section applies if an immigration officer exercises—

(a) 25the power under section 21 to seize or take away an item on the basis
that the item or information contained in it has been obtained in
consequence of the commission of, or is evidence in relation to, an
offence other than an immigration offence (“a relevant offence”), or

(b) a power to that effect in Part 3 of the Immigration Act 1971 as applied
30by section 14(3) of the Asylum and Immigration (Treatment of
Claimants etc) Act 2004.

(2) Subject to subsection (3), the immigration officer must, as soon as is reasonably
practicable after the power is exercised, notify a person who the immigration
officer thinks has functions in relation to the investigation of the relevant
35offence.

(3) If the item referred to in subsection (1) has also been obtained in consequence
of the commission of, or is evidence in relation to, an immigration offence, the
immigration officer may notify a person who the immigration officer thinks
has functions in relation to the investigation of the relevant offence.

(4) 40A person notified under this section of the exercise of a power mentioned in
subsection (1) in relation to an item must, as soon as is reasonably practicable
after being so notified, inform the immigration officer whether the person will
accept the item.

(5) The person may inform the immigration officer that the person will not accept
45the item only if—

(a) the person does not think the item or information contained in it has
been obtained in consequence of the commission of, or is evidence in
relation to, an offence,

(b) the person does not have functions in relation to the investigation of the
5relevant offence, or

(c) the person thinks that it would be more appropriate for the relevant
offence to be investigated by another person with such functions.

(6) If the person informs the immigration officer that the person will accept the
item, the immigration officer must give it to the person as soon as is reasonably
10practicable.

(7) Once the item has been given as mentioned in subsection (6), any provision of
an enactment which applies to items seized or taken away by the person
applies to the item as if it had been seized or taken away by the person for the
purposes of the investigation of the relevant offence.

(8) 15If the person informs the immigration officer that the person will not accept the
item because subsection (5)(a) applies, the immigration officer must, as soon as
is reasonably practicable, return the item in accordance with subsection (10).

(9) If the person informs the immigration officer that the person will not accept the
item because subsection (5)(b) or (c) applies, the immigration officer must, as
20soon as is reasonably practicable—

(a) notify the exercise of a power mentioned in subsection (1) in relation to
the item to another person (if any) who the immigration officer thinks
has functions in relation to the investigation of the relevant offence, or

(b) if there is no such person, return the item in accordance with subsection
25(10).

(10) An item which must be returned in accordance with this subsection must be
returned—

(a) to the person from whom it was seized, or

(b) if there is no such person, to the place from which it was seized or taken
30away.

(11) Where an item to which this section applies or information contained in such
an item has been obtained in consequence of the commission of, or is evidence
in relation to, more than one offence, references in this section to the relevant
offence are to any of those offences.

(12) 35A function conferred or imposed by this section on an immigration officer may
be exercised by any other immigration officer.

(13) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978,

(b) 40an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament,

(c) an enactment contained, or in an instrument made under, a Measure or
Act of the National Assembly for Wales, and

(d) an enactment contained in, or in an instrument made under, Northern
45Ireland legislation.

23 Retention of things seized under Part 3 of the Immigration Act 1971

After section 28H of the Immigration Act 1971 insert—

“28ZI Retention of seized material

(1) This section applies to anything seized by an immigration officer under
5this Part for the purposes of the investigation of an offence or on the
basis that it may be evidence relating to an offence.

(2) Anything seized as mentioned in subsection (1) may be retained so long
as is necessary in all the circumstances and in particular—

(a) may be retained, except as provided for by subsection (3)—

(i) 10for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in
connection with an offence, and

(b) may be retained in order to establish its lawful owner, where
there are reasonable grounds for believing that it has been
15obtained in consequence of the commission of an offence.

(3) Nothing may be retained for a purpose mentioned in subsection (2)(a)
if a photograph or copy would be sufficient for that purpose.””

24 Search for nationality documents by detainee custody officers etc

(1) The Secretary of State may direct a detainee custody officer, prison officer or
20prisoner custody officer to exercise any of the powers in subsection (6) in
relation to—

(a) a detained person who is detained in a removal centre, prison or young
offender institution, or

(b) a person who is detained in a short-term holding facility.

(2) 25The Secretary of State may direct a prison officer or prisoner custody officer to
exercise any of the powers in subsection (6) in relation to a person detained in
a prison or young offender institution—

(a) who has been recommended for deportation by a court under section
3(6) of the Immigration Act 1971,

(b) 30in respect of whom the Secretary of State has made, or intends to make,
a deportation order under section 5(1) of that Act, or

(c) in respect of whom the Secretary of State must make, or has made, a
deportation order under section 32(5) of the UK Borders Act 2007.

(3) In this section and section 25 “relevant officer” means a detainee custody
35officer, prison officer or prisoner custody officer.

(4) The Secretary of State may give a direction in relation to a person detained as
mentioned in subsection (1) or (2) only if the Secretary of State has reasonable
grounds to believe a relevant nationality document will be found if a power in
subsection (6) is exercised in relation to the person.

(5) 40A relevant officer to whom a direction is given under subsection (1) or (2) must
(if able to do so) comply with it.

(6) The powers referred to subsections (1), (2) and (4) are—

(a) to require the person to hand over to the relevant officer all relevant
nationality documents in his or her possession,