 | |
| Execution of warrants. |
124. In the 1971 Act, after section 28J, insert-
|
| |
| "Execution of warrants. |
28K. - (1) A warrant may be executed by any immigration officer.
|
 |
(2) A warrant may authorise persons to accompany the officer executing it.
|
| |
(3) Entry and search under a warrant must be-
|
| |
(a) within one month from the date of its issue; and |
| |
(b) at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated. |
| |
(4) If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must-
|
| |
(a) identify himself to the occupier and produce identification showing that he is an immigration officer; |
| |
(b) show the occupier the warrant; and |
| |
(c) supply him with a copy of it. |
| |
(5) If-
|
| |
(a) the occupier is not present, but |
| |
(b) some other person who appears to the officer to be in charge of the premises is present,
subsection (4) has effect as if each reference to the occupier were a reference to that other person. |
| |
(6) If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
|
| |
(7) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
|
| |
(8) An officer executing a warrant must make an endorsement on it stating-
|
| |
(a) whether the persons or articles sought were found; and |
| |
(b) whether any articles, other than articles which were sought, were seized. |
| |
(9) A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned-
|
| |
(a) if issued by a justice of the peace in England and Wales, to the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area for which the justice acts; |
| |
(b) if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions for the petty sessions district in which the premises are situated; |
| |
(c) if issued by a sheriff, to the sheriff clerk. |
| |
(10) A warrant returned under subsection (9)(a) or (b) must be retained for 12 months by the clerk.
|
| |
(11) A warrant returned under subsection (9)(c) must be retained for 12 months by the sheriff clerk.
|
| |
(12) If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
|
| |
(13) "Warrant" means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2."
|
|
| Interpretation. |
125. In the 1971 Act, after section 28K, insert-
|
| |
| "Interpretation of Part III. |
28L. In this Part, "premises" and "items subject to legal privilege" have the same meaning-
|
|
(a) in relation to England and Wales, as in the Police and Criminal Evidence Act 1984; |
| |
(b) in relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989; and |
| |
(c) in relation to Scotland, as in section 33 of the Criminal Law (Consolidation) (Scotland) Act 1995." |
|
| |
Detention |
| Detention of persons liable to examination or removal. |
126. - (1) In paragraph 16 of Schedule 2 to the 1971 Act, for sub-paragraph (2) substitute-
|
| |
|
"(2) If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs 8 to 10 or 12 to 14, that person may be detained under the authority of an immigration officer pending-
|
| |
(a) a decision whether or not to give such directions; |
| |
(b) his removal in pursuance of such directions." |
|
| |
(2) In paragraph 17(2) of that Schedule (power to grant constable a warrant to search and arrest), for the words from "authorising any constable" to "if need be" substitute "authorising any immigration officer or constable to enter, if need be".
|
| |
Fingerprinting |
| Fingerprinting. |
127. - (1) Fingerprints may be taken by an authorised person from a person to whom this section applies.
|
| |
(2) Fingerprints may be taken under this section only during the relevant period.
|
| |
(3) Fingerprints may not be taken under this section from a person under the age of sixteen ("the child") except in the presence of a person of full age who is-
|
| |
(a) the child's parent or guardian; or |
| |
(b) a person who for the time being takes responsibility for the child. |
| |
(4) The person mentioned in subsection (3)(b) may not be-
|
| |
(a) an officer of the Secretary of State who is not an authorised person; |
| |
(b) an authorised person. |
| |
(5) "Authorised person" means-
|
| |
|
| |
(b) an immigration officer; |
| |
|
| |
(d) an officer of the Secretary of State authorised for the purpose; or |
| |
(e) a person who is employed by a contractor in connection with the discharge of the contractor's duties under a detention centre contract. |
| |
(6) In subsection (5)(e) "contractor" and "detention centre contract" have the same meaning as in Part VIII.
|
| |
(7) This section applies to-
|
| |
(a) any person ("A") who, on being required to do so by an immigration officer, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; |
| |
(b) any person ("B") who has been refused leave to enter the United Kingdom but has been temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer; |
| |
(c) any person ("C") in respect of whom- |
| |
(i) an immigration officer has given directions under paragraph 9(1) of Schedule 2 to the 1971 Act or under section 7;
|
| |
(ii) the Secretary of State has given directions under paragraph 10(1) of Schedule 2 to the 1971 Act (but only in a case where it appears to the Secretary of State that the person is a person in respect of whom directions under paragraph 9 of that Schedule might be given); or
|
| |
(iii) the Secretary of State has given directions under paragraph 1(1) of Schedule 3 to that Act;
|
| |
(d) any person ("D") who has been arrested under paragraph 17 of Schedule 2 to the 1971 Act; |
| |
(e) any person ("E") who has made a claim for asylum; |
| |
(f) any person ("F") who is a dependant of any of those persons. |
| |
(8) "The relevant period" begins-
|
| |
(a) for A, on his failure to produce the passport or other document; |
| |
(b) for B, on the decision to admit him temporarily; |
| |
(c) for C, on the direction being given; |
| |
(d) for D, on his arrest; |
| |
(e) for E, on the making of his claim for asylum; and |
| |
(f) for F, at the same time as for the person whose dependant he is. |
| |
(9) "The relevant period" ends on the earliest of the following-
|
| |
(a) the grant of leave to enter or remain in the United Kingdom; |
| |
(b) for A, B, C or D, his removal or deportation from the United Kingdom; |
| |
(c) for C, if a deportation order has been made against him, its revocation or otherwise ceasing to have effect; |
| |
(d) for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act; |
| |
(e) for E, the final determination or abandonment of his claim for asylum; and |
| |
(f) for F, at the same time as for the person whose dependant he is. |
| |
(10) No fingerprints shall be taken from B unless the decision to take them has been confirmed by a chief immigration officer.
|
| |
(11) For the purposes of subsection (7)(f), a person is a dependant of another person if-
|
| |
(a) he is that person's spouse or child under the age of eighteen; and |
| |
(b) he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom. |
| Attendance for fingerprinting. |
128. - (1) The Secretary of State may, by notice in writing, require a person to whom section 127 applies to attend at a specified place for fingerprinting.
|
| |
(2) The notice-
|
| |
(a) must give the person concerned a period of at least seven days within which to attend, beginning not earlier than seven days after the date of the notice; and |
| |
(b) may require him to attend at a specified time of day or during specified hours. |
| |
(3) A constable or immigration officer may arrest without warrant a person who has failed to comply with a requirement imposed on him under this section (unless the requirement has ceased to have effect).
|
| |
(4) Before a person arrested under subsection (3) is released-
|
| |
(a) he may be removed to a place where his fingerprints may conveniently be taken; and |
| |
(b) his fingerprints may be taken (whether or not he is so removed). |
| |
(5) A requirement imposed under subsection (1) ceases to have effect at the end of the relevant period (as defined by section 127).
|
