Part VII

Power To Arrest, Search and Fingerprint

Codes of practice

Codes of practice.
145
1
An immigration officer exercising any specified power to—
a
arrest, question, search or take fingerprints from a person,
b
enter and search premises, or
c
seize property found on persons or premises,
must have regard to such provisions of a code as may be specified.
2
Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 141.
2A
A person exercising a power under regulations made by virtue of section 144 must have regard to such provisions of a code as may be specified.
3
Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.
4
“Specified” means specified in a direction given by the Secretary of State.
5
“Authorised person” has the same meaning as in section 141.
6
“Code” means—
a
in relation to England and Wales, any code of practice for the time being in force under the Police and Criminal Evidence Act 1984;
b
in relation to Northern Ireland, any code of practice for the time being in force under the Police and Criminal Evidence (Northern Ireland) Order 1989.
7
This section does not apply to any person exercising powers in Scotland.
1984 c. 60.
S.I. 1989/1341 (N.I. 12).
S. 145(2A) inserted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 128(2), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
S. 145 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
S. 145 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 2, Sch. 1