Coronavirus Act 2020

Powers exercisable at a screening and assessment place: constables and immigration officers

78 (1) This paragraph applies where, during a transmission control period—

(a) a person is (whether or not pursuant to the exercise of powers under this Part of this Schedule) at a place in Northern Ireland which is suitable for screening and assessment, and

(b) an immigration officer or a constable has reasonable grounds to suspect that the person is potentially infectious.

(2) The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 74 to 76 in relation to that person.

(3) A person may not under sub-paragraph (2) be kept—

(a) by a constable, for a period exceeding 24 hours, or

(b) by an immigration officer, for a period exceeding 3 hours.

(4) If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 74 to 76 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further—

(a) 24 hours, in the case of keeping by a constable, or

(b) 9 hours, in the case of keeping by an immigration officer.

(5) In sub-paragraph (4) “relevant officer” means—

(a) a constable of the rank of superintendent or above, in the case of keeping by a constable, or

(b) an immigration officer not below the rank of chief immigration officer, in the case of keeping by an immigration officer.

(6) An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(7) Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person—

(a) of the reason for keeping them,

(b) of the maximum period for which they may be kept (taking into account the effect of sub-paragraph (4)), and

(c) that it is an offence to abscond.

(8) An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.