PART 3

Enforcement

Powers of immigration officers etc

Retention of things seized under Part 3 of the Immigration Act 1971
50
After section 28H of the Immigration Act 1971 insert—

Retention of seized material
28ZI
1
This section applies to anything seized by an immigration officer under this Part for the purposes of the investigation of an offence or on the basis that it may be evidence relating to an offence.
2
Anything seized as mentioned in subsection (1) may be retained so long as is necessary in all the circumstances and in particular—
a
may be retained, except as provided for by subsection (3)—
i
for use as evidence at a trial for an offence, or
ii
for forensic examination or for investigation in connection with an offence, and
b
may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
3
Nothing may be retained for a purpose mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
S. 50 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)