The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Powers of arrest and search outside United Kingdom

13.—(1) An immigration officer may in a Control Zone in France exercise the powers of arrest conferred by—

(a)section 28A (1), (3)(1) and (5) of the 1971 Act; and

(b)paragraph 17(1) of Schedule 2 to the 1971 Act,

in respect of an offence under that Act or in respect of an offence under that Act as applied by this Order.

(2) Where an immigration officer makes a request to a police officer of the rank of sergeant or above for assistance in arresting a person in a Control Zone in France in respect of an offence under the 1971 Act or in respect of an offence under that Act as applied by article 12(1) of this Order, a constable of the police force of which that officer is a member may in such a Control Zone exercise any power of arrest conferred by the 1971 Act or by the 1984 Act, and any such request shall be recorded in writing at the time it is made or as soon as practicable afterwards.

(3) A constable may in a Control Zone in France exercise any power of arrest conferred by the 1984 Act in respect of an offence as applied by article 12(2) to (5) of this Order which is committed in a Control Zone in France.

(4) Any power conferred by the 1971 Act or the 1984 Act to search an arrested person or a vehicle or to seize anything following an arrest authorised by this article may be exercised as if the person had been arrested in England.

(1)

Section 28A was inserted by section 128 of the Immigration and Asylum Act 1999 and subsection (3) was amended by section 144 of the Nationality, Immigration and Asylum Act 2002.