28CA Business premises: entry to arrest

1

A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—

a

for an offence under section 24,

b

for an offence under section 24A, or

c

under paragraph 17 of Schedule 2.

2

The power under subsection (1) may be exercised only—

a

to the extent that it is reasonably required for a purpose specified in subsection (1),

b

if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

c

with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

d

if the constable or immigration officer produces identification showing his status.

3

Authority for the purposes of subsection (2)(c)—

a

may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

b

shall expire at the end of the period of seven days beginning with the day on which it is given.

4

Subsection (2)(d) applies—

a

whether or not a constable or immigration officer is asked to produce identification, but

b

only where premises are occupied.

5

Subsection (6) applies where a constable or immigration officer—

a

enters premises in reliance on this section, and

b

detains a person on the premises.

6

A detainee custody officer may enter the premises for the purpose of carrying out a search.

7

In subsection (6)—

• “detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

• “search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

2

A person exercising a power under any of the following may if necessary use reasonable force—

a

section 28CA, 28FA or 28FB of the 1971 Act (business premises: entry to arrest or search),

b

section 141 or 142 of this Act, and

c

regulations under section 144 of this Act.