Search Legislation

Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004, Section 14 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

14Immigration officer: power of arrestU.K.

This section has no associated Explanatory Notes

(1)Where an immigration officer in the course of exercising a function under the Immigration Acts forms a reasonable suspicion that a person has committed or attempted to commit an offence listed in subsection (2), he may arrest the person without warrant.

(2)Those offences are—

(a)the offence of conspiracy at common law (in relation to conspiracy to defraud),

(b)at common law in Scotland, any of the following offences—

(i)fraud,

(ii)conspiracy to defraud,

(iii)uttering and fraud,

F1(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)theft, and

(vi)reset,

[F2(ba) an offence under section 24(A1) of the Marriage (Scotland) Act 1977 (c.15) (offences) , ]

(c)an offence under section 57 of the Offences against the Person Act 1861 (c. 100) (bigamy),

(d)an offence under section 3 or 4 of the Perjury Act 1911 (c. 6) (false statements),

(e)an offence under section 7 of that Act (aiding, abetting &c.) if it relates to an offence under section 3 or 4 of that Act,

(f)an offence under section 53 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) (knowingly giving false information to district registrar, &c.),

(g)an offence under any of the following provisions of the Theft Act 1968 (c. 60)—

(i)section 1 (theft),

F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)section 17 (false accounting), and

(v)section 22 (handling stolen goods),

(h)an offence under section 1, F5..., 17 or 21 of the Theft Act (Northern Ireland) 1969 (c. 16) (N.I.),

[F6(ha)an offence under either of the following provisions of the Fraud Act 2006—

(i)section 1 (fraud);

(ii)section 11 (obtaining services dishonestly),]

F7(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)an offence under Article 8 or 9 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)),

(l)an offence under Article 12 of that Order if it relates to an offence under Article 8 or 9 of that Order,

(m)an offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(i)section 1 (forgery),

(ii)section 2 (copying false instrument),

(iii)section 3 (using false instrument),

(iv)section 4 (using copy of false instrument), and

(v)section 5(1) and (3) (false documents),

F9F10F11(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9F10F11(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(q)an offence under any of sections 4 to 6 of the Identity Documents Act 2010.]

[F14(r)an offence under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015]

[F15(r)an offence under section 2 of the Modern Slavery Act 2015.]

[F16(r)an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).]

(3)The following provisions of the Immigration Act 1971 (c. 77) shall have effect for the purpose of making, or in connection with, an arrest under this section as they have effect for the purpose of making, or in connection with, arrests for offences under that Act—

(a)section 28C (entry and search before arrest),

(b)sections 28E and 28F (entry and search after arrest),

(c)sections 28G and 28H (search of arrested person), and

(d)section 28I (seized material).

(4)In section 19D(5)(a) of the Race Relations Act 1976 (c. 74) (permitted discrimination)—

(a)for “(within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002)” substitute “ (within the meaning of section 44 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004) ” , and

(b)at the end add “and excluding section 14 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004”.

Textual Amendments

F3 S. 14(2)(g)(ii) repealed (15.1.2007) by Fraud Act 2006 (c. 35) , s. 15(1) , Sch. 1 para. 35(1) , 3 (with Sch. 2 para. 11 ); S.I. 2006/3200 , art. 2

F4 S. 14(2)(g)(iii) repealed (15.1.2007) by Fraud Act 2006 (c. 35) , s. 15(1) , Sch. 1 para. 35(1) , 3 (with Sch. 2 para. 11 ); S.I. 2006/3200 , art. 2

F5 Words in s. 14(2)(h) repealed (15.1.2007) by Fraud Act 2006 (c. 35) , s. 15(1) , Sch. 1 para. 35(1) , 3 (with Sch. 2 para. 11 ); S.I. 2006/3200 , art. 2

F6 S. 14(2)(ha) inserted (15.1.2007) by Fraud Act 2006 (c. 35) , s. 15(1) , Sch. 1 para. 35(2) (with Sch. 2 para. 11 ); S.I. 2006/3200 , art. 2

F7 S. 14(2)(i) repealed (15.1.2007) by Fraud Act 2006 (c. 35) , s. 15(1) , Sch. 1 para. 35(1) , 3 (with Sch. 2 para. 11 ); S.I. 2006/3200 , art. 2

F8 S. 14(2)(j) repealed (15.1.2007) by Fraud Act 2006 (c. 35) , s. 15(1) , Sch. 1 para. 35(1) , 3 (with Sch. 2 para. 11 ); S.I. 2006/3200 , art. 2

F10S. 14(2)(n)(p) omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 6(4)(a); S.I. 2015/1476, reg. 2(j) (with reg. 3)

F13S. 14(2)(q) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40) , s. 14(2) , Sch. para. 18

Commencement Information

I1 S. 14 in force at 1.12.2004 by S.I. 2004/2999 , art. 2 , Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources