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PART VII |
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POWER TO ARREST, SEARCH AND FINGERPRINT |
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Power to arrest |
| Arrest without warrant. |
114. In the 1971 Act, after section 28, insert-
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| "Arrest without warrant. |
28A. - (1) A constable or immigration officer may arrest without warrant a person-
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(a) who has committed or attempted to commit an offence under section 24 or 24A; or |
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(b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence. |
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(2) But subsection (1) does not apply in relation to an offence under section 24(1)(d).
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(3) An immigration officer may arrest without warrant a person-
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(a) who has committed an offence under section 25(1); or |
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(b) whom he has reasonable grounds for suspecting has committed that offence. |
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(4) An immigration officer may arrest without warrant a person-
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(a) who has committed or attempted to commit an offence under section 25(2); or |
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(b) whom he has reasonable grounds for suspecting has committed or attempted to commit that offence. |
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(5) An immigration officer may arrest without warrant a person ("the suspect") who, or whom he has reasonable grounds for suspecting-
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(a) has committed or attempted to commit an offence under section 26(1)(g); or |
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(b) is committing or attempting to commit that offence. |
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(6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
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(7) The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because-
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(a) he does not know, and cannot readily discover, the suspect's name; |
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(b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name; |
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(c) the suspect has failed to give him a satisfactory address for service; or |
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(d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service. |
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(8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect-
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(a) causing physical injury to himself or another person; |
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(b) suffering physical injury; or |
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(c) causing loss of or damage to property. |
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(9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer-
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(a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or |
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(b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address." |
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Power to search and arrest |
| Search and arrest by warrant. |
115. In the 1971 Act, after section 28A, insert-
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| "Search and arrest by warrant. |
28B. - (1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person ("the suspect") who is liable to be arrested for a relevant offence is to be found on any premises.
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(2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
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(3) Subsection (4) applies if in Scotland a sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).
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(4) The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
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(5) "Relevant offence" means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2)."
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| Search and arrest without warrant. |
116. In the 1971 Act, after section 28B, insert-
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| "Search and arrest without warrant. |
28C. - (1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25(1).
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(2) The power may be exercised-
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(a) only to the extent that it is reasonably required for that purpose; and |
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(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises. |
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(3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching-
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(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and |
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(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be. |
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(4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so)."
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Power to enter and search premises |
| Entry and search of premises. |
117. In the 1971 Act, after section 28C, insert-
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| "Entry and search of premises. |
28D. - (1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that-
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(a) a relevant offence has been committed, |
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(b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence, |
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(c) the material is likely to be relevant evidence, |
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(d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and |
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(e) any of the conditions specified in subsection (2) applies,
he may issue a warrant authorising an immigration officer to enter and search the premises. |
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(2) The conditions are that-
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(a) it is not practicable to communicate with any person entitled to grant entry to the premises; |
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(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence; |
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(c) entry to the premises will not be granted unless a warrant is produced; |
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(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them. |
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(3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).
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(4) "Relevant offence" means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25.
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(5) In relation to England and Wales, expressions which are given a meaning by the Police and Criminal Evidence Act 1984 have the same meaning when used in this section.
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(6) In relation to Northern Ireland, expressions which are given a meaning by the Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.
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(7) In the application of subsection (1) to Scotland-
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(a) read the reference to a justice of the peace as a reference to a sheriff or a justice of the peace; and |
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(b) in paragraph (d), omit the reference to excluded material and special procedure material." |
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| Entry and search of premises following arrest. |
118. - (1) In the 1971 Act, after section 28D, insert-
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| "Entry and search of premises following arrest. |
28E. - (1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.
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(2) An immigration officer may enter and search any premises-
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(a) in which the person was when arrested, or |
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(b) in which he was immediately before he was arrested,
for evidence relating to the offence for which the arrest was made ("relevant evidence"). |
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(3) The power may be exercised-
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(a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and |
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(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence. |
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(4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching-
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(a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and |
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(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises. |
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(5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.
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(6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege."
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(2) In the 1971 Act, in Schedule 2 after paragraph 25, insert-
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"Entry and search of premises |
| | 25A. - (1) This paragraph applies if-
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(a) a person is arrested under this Schedule; or |
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(b) a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule. |
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(2) An immigration officer may enter and search any premises-
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(a) occupied or controlled by the arrested person, or |
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(b) in which that person was when he was arrested, or immediately before he was arrested,
for relevant documents. |
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(3) The power may be exercised-
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(a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises; |
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(b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and |
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(c) subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing. |
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(4) An immigration officer may conduct a search under sub-paragraph (2)-
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(a) before taking the arrested person to a place where he is to be detained; and |
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(b) without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents. |
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(5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.
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(6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of-
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(a) the grounds for the search; and |
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(b) the nature of the documents that were sought. |
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(7) An officer searching premises under sub-paragraph (2)-
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(a) may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but |
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(b) may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested. |
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(8) But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.
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(9) "Relevant documents" means any documents which might-
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(a) establish the arrested person's identity, nationality or citizenship; or |
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(b) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go. |
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(10) "Senior officer" means an immigration officer not below the rank of chief immigration officer.
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(11) "Premises" and "items subject to legal privilege"-
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(a) in relation to England and Wales, have the same meaning as in the Police and Criminal Evidence Act 1984; |
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(b) in relation to Scotland, have the meanings given in section 33 of the Criminal Law (Consolidation) (Scotland) Act 1995; and |
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(c) in relation to Northern Ireland, have the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989." |
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