Immigration Act 1971

• (iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

• (3) In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.

• (4) Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.

• (5) The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.

• (6) A warrant shall authorise an entry on one occasion only unless it specifies that it authorises multiple entries .

• (6A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

• (7) A warrant must specify—

• (a) the name of the person applying for it;

• (b) the date on which it is issued;

• (c) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person's occupation or control which can be specified and which are to be searched; and

• (d) the provision of this Act under which it is issued.

• (8) A warrant must identify, so far as is practicable, the persons or articles to be sought.

• (9) Two copies must be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.

• (10) The copies must be clearly certified as copies.

• (10A) All premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

• (10B) References in this section to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.

• (11) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) or 25A(6A) of Schedule 2.

28K

• (1) A warrant may be executed by any immigration officer.

• (2) A warrant may authorise persons to accompany the officer executing it.

• (2A) A person so authorised has the same powers as the officer whom the person accompanies in respect of—

• (a) the execution of the warrant, and

• (b) the seizure or detention of anything to which the warrant relates.

• (2B) But the person may exercise those powers only in the company, and under the supervision, of an immigration officer.

• (3) Entry and search under a warrant must be—

• (a) within three months 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.

• (3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered.

• (3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises.

• (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 , if not in uniform, 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.

• (8A) Unless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched.

• (8B) Subject to subsection (8C), a warrant must be returned in accordance with subsection (9)—

• (a) when it has been executed, or

• (b) in the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner.

• (8C) Subsection (8B) does not apply to a warrant issued by a justice of the peace in Scotland or by the sheriff if the warrant has been executed.

• (9) The warrant must be returned—

• (a) if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;

• (b) if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions ...;

• (c) if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;

• (d) if issued by the sheriff, to the sheriff clerk.

• (10) A warrant returned under subsection (9)(a) must be retained for 12 months by the designated officer .

• (11) A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.

• (12) A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.

• (13) 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.

• (13A) In subsection (8B)—

• “specific premises warrant” means a warrant which is not an all premises warrant;

• “all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

• (13B) The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.

• (14) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) or 25A(6A) of Schedule 2.

28L

• (1) Subject to subsection (1A) 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 412 of the Proceeds of Crime Act 2002.

• (1A) In this Part “premises” also includes any artificial island, installation or structure (including one in the territorial sea adjacent to the United Kingdom).

• (2) In this Part “business premises” means premises (or any part of premises) not used as a dwelling.

• (3) In this Part “employee records” means records which show an employee’s—

• (a) name,

• (b) date of birth,

• (c) address,

• (d) length of service,

• (e) rate of pay, or

• (f) nationality or citizenship.

• (4) The Secretary of State may by order amend section 28CA(3)(a) to reflect a change in nomenclature.

• (5) An order under subsection (4)—

• (a) must be made by statutory instrument, and

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Arrest with warrant

31A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search and arrest without warrant.

Search and arrest by warrant.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examination of persons who arrive with continuing leave

2A

• (1) This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.

• (2) He may be examined by an immigration officer for the purpose of establishing—

• (a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;

• (b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or

• (c) whether there are medical grounds on which that leave should be cancelled.

• (2A) Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.

• (3) He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.

• (4) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

• (5) A person examined under this paragraph may be required by the officer or inspector to submit to further examination.

• (6) A requirement under sub-paragraph (5) does not prevent a person who arrives—

• (a) as a transit passenger,

• (b) as a member of the crew of a ship or aircraft, or

• (c) for the purpose of joining a ship or aircraft as a member of the crew,

from leaving by his intended ship or aircraft.

• (7) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.

• (8) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.

10A

Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.

Entry and search of premises

25A

• (1) This paragraph applies if—

• (a) a person is arrested under this Schedule; or

• (b) a person who was arrested other than under this Schedule is detained by an immigration officer under this Schedule.

• (2) An immigration officer may enter and search any premises—

• (a) occupied or controlled by the arrested person, or

• (b) in which that person was when he was arrested, or immediately before he was arrested,

for relevant documents.

• (3) The power may be exercised—

• (a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises;

• (b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and

• (c) subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.

• (4) An immigration officer may conduct a search under sub-paragraph (2)—

• (a) before taking the arrested person to a place where he is to be detained; and

• (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.

• (5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.

• (6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—

• (a) the grounds for the search; and

• (b) the nature of the documents that were sought.

• (6A) If, on an application made by an immigration officer, a justice of the peace is satisfied that—

• (a) there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are mentioned in sub-paragraph (6AA) , and

• (b) any of the conditions in sub-paragraph (6B) is met, in relation to each set of premises specified in the application,

the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

• (6AA) The premises referred to in sub-paragraph (6A) above are—

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

• (b) subject to sub-paragraph (6BA), 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”).

• (6AB) If the application is for an all premises warrant, the justice of the peace must 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 relevant documents, and

• (b) that 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.

• (6AC) Subject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice 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.

• (6AD) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

• (6B) The conditions mentioned in sub-paragraph (6A)(b) are that—

• (a) it is not practicable to communicate with any person entitled to grant entry to the premises;

• (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 relevant documents;

• (c) entry to the premises will not be granted unless a warrant is produced;

• (d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

• (6BA) A justice of the peace in Scotland may not issue—

• (a) an all premises warrant under this paragraph, or

• (b) a warrant under this paragraph authorising multiple entries.

• (6C) In the application of sub-paragraphs (6A) to (6BA) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.

• (7) An officer searching premises under this paragraph —

• (a) may seize ... any documents he finds which he has reasonable grounds for believing are relevant documents; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7A) Sub-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 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) If 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.

• (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.

• (8A) An immigration officer may retain a document seized under this paragraph while the officer has reasonable grounds for believing that—

• (a) the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

• (b) retention of the document may facilitate the person's removal.

• (9) “Relevant documents” means any documents which might—

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

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

• (10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

Searching persons arrested by immigration officers

25B

• (1) This paragraph applies if a person is arrested under this Schedule.

• (2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

• (3) The officer may search the arrested person for—

• (a) anything which he might use to assist his escape from lawful custody; or

• (b) any document which might—

• (i) establish his identity, nationality or citizenship; or

• (ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

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

• (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and

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

• (5) A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.

• (6) An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.

• (7) An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.

• (8) An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.

• (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 in 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 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 officer has reasonable grounds for believing is an item subject to legal privilege.

• (9) Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized—

• (a) is no longer in custody, or

• (b) is in the custody of a court but has been released on bail.

Searching persons in police custody

25C

• (1) This paragraph applies if a person—

• (a) has been arrested under this Schedule; and

• (b) is in custody at a police station.

• (2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him—

• (a) anything which he might use to—

• (i) cause physical injury to himself or others;

• (ii) damage property;

• (iii) interfere with evidence; or

• (iv) assist his escape; or

• (b) any document which might—

• (i) establish his identity, nationality or citizenship; or

• (ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

• (3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).

• (4) An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that—

• (a) that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or

• (b) it might be a document falling within sub-paragraph (2)(b).

• (5) But the officer may not retain anything seized under sub-paragraph (2)(a)—

• (a) for longer than is necessary in view of the purpose for which the search was carried out; or

• (b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.

• (6) The person from whom something is seized must be told the reason for the seizure unless he is—

• (a) violent or appears likely to become violent; or

• (b) incapable of understanding what is said to him.

• (7) An intimate search may not be conducted under this paragraph.

• (8) The person carrying out a search under this paragraph must be of the same sex as the person searched.

• (9) “Intimate search” has the same meaning as in section 28H(11).

Access and copying

25D

• (1) If a person showing himself—

• (a) to be the occupier of the premises on which seized material was seized, or

• (b) to have had custody or control of the material immediately before it was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

• (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.

• (3) An immigration officer may photograph or copy, or have photographed or copied, seized material.

• (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

• (a) that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or

• (b) the material to be photographed or copied.

• (5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.

• (6) There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

• (a) the exercise of any functions in connection with which the material was seized; or

• (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

• (7) “Relevant person” means—

• (a) a person who had custody or control of seized material immediately before it was seized, or

• (b) someone acting on behalf of such a person.

• (8) “Seized material” means anything which has been seized and retained under this Schedule other than a driving licence seized under paragraph 25CC.

25E

Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.

Supplementary duties of the Concessionaires

27A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Passenger information

27B

• (1) This paragraph applies to ships or aircraft—

• (a) which have arrived, or are expected to arrive, in the United Kingdom; or

• (b) which have left, or are expected to leave, the United Kingdom.

• (1A) This paragraph also applies to ships or aircraft—

• (a) which have offshore workers on board, and

• (b) which—

• (i) have arrived, or are expected to arrive, in United Kingdom waters, or

• (ii) have left, or are expected to leave, United Kingdom waters.

• (2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information or service information, the carrier must provide that information to the officer.

• (3) The officer may ask for passenger information or service information relating to—

• (a) a particular ship or particular aircraft of the carrier;

• (b) particular ships or aircraft (however described) of the carrier; or

• (c) all of the carrier’s ships or aircraft.

• (4) The officer may ask for—

• (a) all passenger information or service information in relation to the ship or aircraft concerned; or

• (b) particular passenger information or service information in relation to that ship or aircraft.

• (5) A request under sub-paragraph (2)—

• (a) must be in writing;

• (b) must state the date on which it ceases to have effect; and

• (c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.

• (6) The date may not be later than six months after the request is made.

• (7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.

• (8) The information must be provided—

• (a) in such form and manner as the Secretary of State may direct; and

• (b) at such time as may be stated in the request.

• (8A) The officer may require a carrier to be able to receive communications from the officer in such form and manner as the Secretary of State may direct.

• (9) “Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.

• (9A) “Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified.

• (9B) “Offshore worker” and “United Kingdom waters” have the same meaning in this paragraph as in section 11A.

• (10) “Specified” means specified in an order made by statutory instrument by the Secretary of State.

• (11) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notification of non-EEA arrivals

27C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant of bail pending removal

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of courts pending deportation

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry and search of premises following arrest.

Editorial notes