Part VIIU.K. Power To Arrest, Search and Fingerprint

FingerprintingU.K.

141 Fingerprinting.U.K.

(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—

(a)a constable;

(b)an immigration officer;

(c)a prison 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 [F1removal centre] contract.

(6)In subsection (5)(e) “contractor” and “[F2removal 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 on his arrival in the United Kingdom, 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 [F3granted immigration bail under Schedule 10 to the Immigration Act 2016] 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;

[F4(c)any person (“C”) in respect of whom the Secretary of State has decided—

(i)to make a deportation order, or

(ii)that section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;

(ca)any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;]

(d)any person (“D”) who has been [F5detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;]

(e)any person (“E”) who has made a claim for asylum;

[F6(f)any person (“F”) who is—

(i)a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or

(ii)a dependant of a person within paragraph (c)(i).]

(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 [F7grant him bail] ;

[F8(c)for C, when he is notified of the decision mentioned in subsection (7)(c);

(ca)for CA, when he becomes a person to whom this section applies;]

(d)for D, on his [F9detention or arrest;]

(e)for E, on the making of his claim for asylum; and

(f)for F, at the same time as for the person [F10of whose family he is a member or] 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 [F11, CA] or D, his removal or deportation from the United Kingdom;

[F12(c)for C—

(i)the time when the [F13decision mentioned in subsection (7)(c)] ceases to have effect, whether as a result of an appeal or otherwise, or

(ii)if a deportation order has been made against him, its revocation or its otherwise ceasing to have effect;]

[F14(ca)for CA, when he no longer requires leave to enter or remain in the United Kingdom;]

(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 [F15of whose family he is a member or] whose dependant he is.

(10)No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

(11)No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.

(12)An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—

(a)if he is a constable, by a person designated for the purpose by the chief constable of his police force;

(b)if he is a person mentioned in subsection (5)(b) or (e), by a chief immigration officer;

(c)if he is a prison officer, by a person designated for the purpose by the governor of the prison;

(d)if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

(13)Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.

[F16(13A)For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—

(a)the person is—

(i)P's partner,

(ii)P's child, or a child living in the same household as P in circumstances where P has care of the child,

(iii)in a case where P is a child, P's parent, or

(iv)an adult dependant relative of P, and

(b)the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

(13B)In subsection (13A) “child” means a person who is under the age of 18.]

(14)For the purposes of subsection [F17(7)(f)(ii)] , 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.

(15)“Claim for asylum” has the same meaning as in Part VI.

F18(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(17)Section 157(1) applies to this section (in so far as it relates to removal centres by virtue of subsection (5)(e)) as it applies to Part VIII.]

Textual Amendments

F1Words in s. 141(5)(e) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(n), 162(1), (with s. 159); S.I. 2003/1, art. 2, Sch.

F3Words in s. 141(7)(b) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 30(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F4S. 141(7)(c)(ca) substituted for s. 141(7)(c) (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(2)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F6S. 141(7)(f) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(2), 94(1); S.I. 2016/603, reg. 3(j)

F7Words in s. 141(8)(b) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 30(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F8S. 141(8)(c)(ca) substituted for s. 141(8)(c) (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F10Words in s. 141(8)(f) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(3), 94(1); S.I. 2016/603, reg. 3(j)

F11Word in s. 141(9)(b) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F13Words in s. 141(9)(c)(i) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F14S. 141(9)(ca) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(4)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F15Words in s. 141(9)(f) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(4), 94(1); S.I. 2016/603, reg. 3(j)

F16S. 141(13A)(13B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(5), 94(1); S.I. 2016/603, reg. 3(j)

F17Word in s. 141(14) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(6), 94(1); S.I. 2016/603, reg. 3(j)

F18S. 141(16) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C1S. 141 modified by S.I. 1993/1813, art. 7(1), Sch. 4, para. 2A (as inserted (26.10.2006) by Channel Tunnel (International Arrangements) (Amendment) Order 2006 (S.I. 2006/2626), arts. 1, 2)

C2S. 141 extended (with modifications) by S.I. 2002/2818, art. 11(1)(f), Sch. 2, para. 1A (as inserted (18.11.2006) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 (S.I. 2006/2908), arts. 1, 2(a))

142 Attendance for fingerprinting.U.K.

(1)The Secretary of State may, by notice in writing, require a person to whom section 141 applies to attend at a specified place for fingerprinting.

[F20(2)In the case of a notice given to a person of a kind specified in section 141(7)(a) to (d) or (f) (in so far as it applies to [F21a member of the family of, or a dependant of,] a person of a kind specified in section 141(7)(a) to (d)), the notice—

(a)must require him to attend during a specified period of at least seven days beginning with a day not less than seven days after the date given in the notice as its date of issue, and

(b)may require him to attend at a specified time of day or during specified hours.

(2A)In the case of a notice given to a person of a kind specified in section 141(7)(e) or (f) (in so far as it applies to [F22a member of the family of] a person of a kind specified in section 141(7)(e)), the notice—

(a)may require him to attend during a specified period beginning with a day not less than three days after the date given in the notice as its date of issue,

(b)may require him to attend on a specified day not less than three days after the date given in the notice as its date of issue, and

(c)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 141).

Textual Amendments

F20S. 142(2)(2A) substituted for s. 142(2) (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 29, 62(1)(2); S.I. 2006/2226, art. 3, Sch. 1

F23143 Destruction of fingerprints.U.K.

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

Textual Amendments

144 Other methods of collecting data about physical characteristics.U.K.

[F24(1)The Secretary of State may make regulations containing provisions equivalent to sections 141 [F25and 142] in relation to such other methods of collecting [F26biometric information] as may be prescribed.]

[F27[F28(2)Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.]]

Textual Amendments

F26Words in s. 144(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 2(2); S.I. 2014/1820, art. 3(z)

Modifications etc. (not altering text)

C3S. 144 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 2, Schs. 1, 1A

[F29144AUse and retention of fingerprints etc.U.K.

(1)Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to—

(a)fingerprints taken by virtue of section 141, and

(b)biometric information taken by virtue of regulations under section 144,

as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

(2)Regulations made by virtue of subsection (1)(a) must require fingerprints taken from a person (“F”) by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the person [F30of whose family F is a member or] whose dependant F is are destroyed.

(3)Regulations made by virtue of subsection (1)(b) must make equivalent provision in relation to biometric information taken by virtue of any provision of regulations under section 144 which is equivalent to section 141(7)(f).]

Textual Amendments

F30Words in s. 144A(2) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(11), 94(1); S.I. 2016/603, reg. 3(j)

Modifications etc. (not altering text)

C4S. 144A extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 2, Schs. 1, 1A