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Immigration and Asylum Act 1999

Section 130: Search and arrest without warrant

370.This section adds a new section, section 28C, into the 1971 Act which will allow an immigration officer to enter and search any premises without a warrant for the purpose of arresting a person for an offence under section 25(1) of that Act. (Police officers already have a corresponding power by virtue of the provisions of PACE.)

371.Subsection (2) restricts the exercise of this power to the extent that it is reasonably required for that purpose and to cases where the immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises. Before exercising this power of entry, the immigration officer must produce identification showing that he is an immigration officer.

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