[F1 Entry and search of premises]U.K.
Textual Amendments
F1Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch
[F225A(1)This paragraph applies if—U.K.
(a)a person is arrested under this Schedule; or
(b)a person who was arrested [F3other 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.
[F4(6A)If, on an application made by an immigration officer, a justice of the peace is satisfied that—
(a)there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are specified in the application, and
(b)any of the conditions in sub-paragraph (6B) is met,
the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.
(6B)The conditions are that—
(a)it is not practicable to communicate with any person entitled to grant entry to the premises;
(b)it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents;
(c)entry to the premises will not be granted unless a warrant is produced;
(d)the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.
(6C)In the application of sub-paragraph (6A) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.]
(7)An officer searching premises under [F5this paragraph] —
(a)may seize F6... any documents he finds which he has reasonable grounds for believing are relevant documents; F7...
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
[F8(8A)An immigration officer may retain a document seized under sub-paragraph (7) while the officer has reasonable grounds for believing that—
(a)the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
(b)retention of the document may facilitate the person's removal.]
(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.]
Textual Amendments
F2Sch. 2 para. 25A inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
F3Words in Sch. 2 para. 25A(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(2); S.I. 2014/1820, art. 3(y)
F4Sch. 2 paras. 25A(6A)-(6C) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(3); S.I. 2014/1820, art. 3(y)
F5Words in Sch. 2 para. 25A(7) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(a); S.I. 2014/1820, art. 3(y)
F6Words in Sch. 2 para. 25A(7)(a) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(b); S.I. 2014/1820, art. 3(y)
F7Sch. 2 para. 25A(7)(b) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(c); S.I. 2014/1820, art. 3(y)
F8Sch. 2 para. 25A(8A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(5); S.I. 2014/1820, art. 3(y)
Modifications etc. (not altering text)
C1Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (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)))