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

Power to search and arrestU.K.

129 Search and arrest by warrant.U.K.

In the 1971 Act, after section 28A, insert—

28B Search and arrest by warrant.

(1)Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.

(2)The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(3)Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).

(4)The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(5)Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2).

130 Search and arrest without warrant.U.K.

In the 1971 Act, after section 28B, insert—

28C Search and arrest without warrant.

(1)An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25(1).

(2)The power may be exercised—

(a)only to the extent that it is reasonably required for that purpose; and

(b)only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

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

(a)any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and

(b)any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

(4)The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).