Immigration Bill (HL Bill 109)

(b) if criminal proceedings are instituted against P for the offence—

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

(ii) 5if 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 or the service on P of a complaint.

(6) 10A power in subsection (1) or (3) may be exercised by a senior officer or
constable at any place at which the senior officer or constable is
lawfully present.

(7) 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
15commission by P of an offence under section 24C.

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

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

(a) for the release of a vehicle before the time mentioned in
20subsection (2) or (4);

(b) about the procedure by which a person may seek to have a
vehicle 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) 25prescribing conditions to be met before a vehicle may be
released before or after that time (including a condition
requiring the payment of costs in relation to detention of the
vehicle and any application for its release);

(e) as to the destination of payments made in compliance with such
30a condition;

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

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

(h) 35as to the destination of the proceeds arising from the disposal of
a vehicle in such a case.

(10) Regulations under subsection (8)—

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

(c) 40may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(11) A statutory instrument containing regulations under subsection (8) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(12) 45In this section “senior officer” means an immigration officer not below
the rank of chief immigration officer.

24E   Powers to enter premises to detain motor vehicle

(1) A senior officer or a constable may enter and search any premises for
the purposes of detaining a vehicle under section 24D.

(2) The power in subsection (1) may be exercised—

(a) 5only to the extent that it is reasonably required for that purpose,
and

(b) only if the senior officer or constable knows that a vehicle which
may be detained under section 24D is to be found on the
premises.

(3) 10The power in subsection (1) may be exercised—

(a) by a senior officer (“S”) only if S produces identification
showing that S is an immigration officer (whether or not S is
asked to do so);

(b) by a constable (“C”) only if C produces identification showing
15that C is a constable (whether or not C is asked to do so).

(4) Subsection (5) applies if, on an application by a senior officer or
constable, a justice of the peace is satisfied that there are reasonable
grounds for suspecting that a vehicle which may be detained under
section 24D may be found on premises mentioned in subsection (6).

(5) 20The justice of the peace may issue a warrant authorising any senior
officer or constable to enter, if need be by force, the premises for the
purpose of searching for and detaining the vehicle.

(6) The premises referred to in subsection (4) are—

(a) one or more sets of premises specified in the application, or

(b) 25subject to subsection (10), any premises occupied or controlled
by a person specified in the application, including such sets of
premises as are so specified (in which case the application is for
an “all premises warrant”).

(7) If the application is for an all premises warrant, the justice of the peace
30must also be satisfied—

(a) that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
person in question which are not specified in the application in
order to find the vehicle, and

(b) 35that it is not reasonably practicable to specify in the application
all the premises which the person occupies or controls and
which might need to be searched.

(8) Subject to subsection (10), the warrant may authorise entry to and
search of premises on more than one occasion if, on the application, the
40justice of the peace is satisfied that it is necessary to authorise multiple
entries in order to achieve the purpose for which the justice issues the
warrant.

(9) If it authorises multiple entries, the number of entries authorised may
be unlimited, or limited to a maximum.

(10) 45A justice of the peace in Scotland may not issue—

(a) an all premises warrant under this section, or

(b) a warrant under this section authorising multiple entries.

(11) In the application of this section to Scotland, references to a justice of
the peace are to be read as references to the sheriff or a justice of the
peace.

(12) In this section “senior officer” means an immigration officer not below
5the rank of chief immigration officer.

24F Orders following conviction of offence under section 24C

(1) If a person is convicted of an offence under section 24C, the court may
order 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
10the 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
representations.

(3) For the purposes of subsection (2) the persons who have an interest in
15a vehicle include—

(a) a person who owns it,

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

(c) a person who is in possession of it under a hire purchase
20agreement (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) 25the 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) 30may 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) 35In 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) 40for an offence under section 24C, or”.

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

(7) In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of
persons accompanying constables in execution of warrants) after “seizure”
45insert “or detention”.

(8) In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)) (powers of persons accompanying
constables in execution of warrants) after “seizure” insert “or detention”.

(9) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
5force) before paragraph (a) insert—

“(za) section 24E(1) (powers to enter premises to detain motor
vehicle) of the 1971 Act,”.

Bank accounts

47 Bank accounts

(1) 10Schedule 7 (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 7),

(b) 15prepare 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 7 comes fully into force.

Part 3 20Enforcement

Powers of immigration officers etc

48 Powers in connection with examination, detention and removal

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

(2) 25In 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 in force, his
leave should be curtailed.”

(3) After paragraph 15 insert—

30“Search of premises in connection with removal

15A (1) This paragraph applies if—

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

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

(2) 35The immigration officer may search the premises for documents
which—

(a) relate to the person, and

(b) may 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
5believing there are documents within sub-paragraph (2) on
the 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
10may seize any document the officer finds which the officer has
reasonable 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
15paragraph, and

(b) any 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
20in 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.

(7) If a requirement under sub-paragraph (6) is not complied with or a
document to which that sub-paragraph applies cannot be produced
25in 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) But sub-paragraphs (4) to (7) do not apply to a document which the
immigration officer has reasonable grounds for believing is an item
30subject to legal privilege.

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

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

(b) 35the document falls within sub-paragraph (2)(b).

(10) But a document may not be retained for the purpose mentioned in
sub-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
40detained under Schedule 2)—

(a) after sub-paragraph (7) insert—

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

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

(b) 45any document the officer has reasonable grounds for
believing is a relevant document is stored in any
electronic 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) 5If 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) 10in 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-
15paragraph (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
20in 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) 25If a requirement under sub-paragraph (8B) 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.

(8D) Sub-paragraphs (8B) and (8C) do not apply to a document which the
30officer has reasonable grounds for believing is an item subject to
legal privilege.”

49 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
35be of assistance in determining whether a person is liable to the imposition of
a 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
40premises to disqualified person etc).

(3) The 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
45discovering such documents.

(4) An 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) 5an immigration officer is searching premises under this section, and

(b) any 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
10which 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.

(7) If a requirement under subsection (6) is not complied with or a document to
which that subsection applies cannot be produced in a form of the kind
mentioned in that subsection, the immigration officer may seize the device or
15medium on which it is stored.

(8) But 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
20section while the officer has reasonable grounds for believing that the
document may be required—

(a) for the purposes 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
25penalty, or

(c) for 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) 30Section 28I of the Immigration Act 1971 (seized material: access and copying)
applies to a document seized and retained under this section as it applies to
anything seized and retained under Part 3 of that Act.

50 Seizure and retention in relation to offences

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

(2) 35The 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 has been obtained in consequence of the commission of an
offence, and

(b) 40that it is necessary to seize it in order to prevent it being concealed, lost,
damaged, 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) 45that it is evidence in relation to an offence, and

(b) that 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
5has reasonable grounds for believing—

(a) that—

(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) 10that it is necessary to seize it in order to prevent it being concealed, lost,
tampered 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) 15in which it is visible and legible or from which it can readily be
produced 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) 20Anything seized by an immigration officer under this section which relates to
an 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) 25for 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 obtained in
consequence of the commission of an offence.

(8) 30Nothing may be retained for a purpose mentioned in subsection (7)(a) if a
photograph or copy would be sufficient for that purpose.

(9) Section 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
35immigration officer under Part 3 of that Act.

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

(a) section 19 of the Police and Criminal Evidence Act 1984 as applied by
an order under section 23 of the Borders, Citizenship and Immigration
40Act 2009, or

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

(11) In this section and section 51 “immigration offence” means an offence which
relates to an immigration or nationality matter.

51 45Duty to pass on items seized under section 50

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

(a) the power under section 50 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) 5a power to that effect in Part 3 of the Immigration Act 1971 as applied
by 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
10officer thinks has functions in relation to the investigation of the relevant
offence.

(3) If the immigration officer has reasonable grounds for believing that 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
15immigration officer may notify a person who the immigration officer thinks
has functions in relation to the investigation of the relevant offence.

(4) A 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
20accept the item.

(5) The person may inform the immigration officer that the person will not accept
the 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
25relation to, an offence,

(b) the person does not have functions in relation to the investigation of the
relevant 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) 30If 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
practicable.

(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
35applies 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) If 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) 40If 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
soon 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
45has 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
(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
5away.

(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) 10A 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) 15an 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
20Ireland legislation.

52 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
25this 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) 30for 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
35obtained 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.”

53 Search for nationality documents by detainee custody officers etc

(1) The Secretary of State may direct a detainee custody officer, prison officer or
40prisoner 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.