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Immigration and Asylum Act 1999

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132 Entry and search of premises following arrest.E+W+S+N.I.

This section has no associated Explanatory Notes

(1)In the 1971 Act, after section 28D, insert—

28E Entry and search of premises following arrest.

(1)This section applies if a person is arrested for an offence under this Part at a place other than a police station.

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

(a)in which the person was when arrested, or

(b)in which he was immediately before he was arrested,

for evidence relating to the offence for which the arrest was made (“relevant evidence”).

(3)The power may be exercised—

(a)only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and

(b)only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

(4)In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a)any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

(b)any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(5)An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.

(6)Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.

(2)In the 1971 Act, in Schedule 2 after paragraph 25, insert—

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 by a constable (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.

(7)An officer searching premises under sub-paragraph (2)—

(a)may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but

(b)may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested.

(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.

(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.

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