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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A constable or immigration officer may arrest without warrant anyone whom he has reasonable grounds for suspecting to have committed an offence to which this section applies.
(2)If—
(a)a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person who is liable to be arrested under subsection (1) above is to be found on any premises; or
(b)in Scotland, a sheriff, or a justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied,
he may grant a warrant authorising any constable to enter, if need be by force, the premises named in the warrant for the purposes of searching for and arresting that person.
(3)The following provisions, namely—
(a)section 8 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (power of justice to authorise entry and search of premises); and
(b)Article 10 of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (corresponding provision for Northern Ireland),
shall have effect as if the reference in subsection (1) of that section or, as the case may be, paragraph (1) of that Article to a serious arrestable offence included a reference to an offence to which this section applies.
(4)This section applies to the following offences under section 24(1) of the 1971 Act, namely—
(a)an offence under paragraph (a) (illegal entry);
(b)an offence under paragraph (aa) (obtaining leave to enter or remain by deception); and
(c)an offence under paragraph (b) (remaining beyond time limited by leave or failing to observe condition of leave).
(5)In this section “immigration officer” has the same meaning as in the 1971 Act.
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